6162.51(a)
Instruction
Surveys of Students (Student Privacy)
Surveys
can be a valuable resource for schools and communities in determining student
needs for educational services. When a
survey is used, every effort should be made to ask questions in a neutral
manner to ensure the accuracy of the survey.
Administrators,
teachers, other staff members and the Board of Education may use surveys for
many purposes. Such purposes may
include, but are not limited to, the need for student services, the
determination of prevailing views pertaining to proposed policies and/or
practices, or the determination of student knowledge and/or attitudes related,
to a specific subject or units. These
are examples of surveys and not intended to be an all-inclusive listing. Administrative approval is required for
surveys. Responses will not be used in
any identifying manner.
Parents
shall have the right to inspect all instructional material that will be used
for a survey, analysis, or evaluation as part of a federal program.
Note: The term “survey”
includes an evaluation.
Prior
to administering a survey, the Board of Education must approve all those that
are received by the Superintendent that include reference to any of the factors
listed below. In addition, no student may, without parental consent, take part
in a survey, analysis, or evaluation that reveals information concerning:
1. political
affiliations or beliefs of the student or the student’s parent;
2. mental
or psychological problems of the student or the student’s family;
3. sex
behavior or attitudes;
4. illegal,
anti-social, self-incriminating and demeaning behavior;
5. critical
appraisals of other individuals with whom respondents have close family
relationships;
6. legally
recognized privileged or analogous relationships, such as those of lawyers,
physicians, and ministers;
7. income
(other than that required by law to determine eligibility for participation in
a program or for receiving financial assistance under such program); or
8. religious practices, affiliations, or
beliefs of the student or the student’s parent.
6162.51(b)
Instruction
Surveys of Students (Student Privacy) (continued)
Surveys
conducted for other agencies, organizations or individuals must have the
recommendation of the Superintendent of Schools and the approval of the Board
of Education as to content and purpose.
The results of such approved surveys must be shared with the Board of
Education.
Parents/guardians
shall have the right to inspect, upon their request, a survey created by a
third party before the survey is administered or distributed by a school to a
student. Such requests shall be made in writing with a response to be at least
two weeks in advance of any survey to be given.
Overall
survey results following decisions must be shared with all parties who request
such information.
Parents/guardians
shall be notified at least annually, at the beginning of the school year, of
this policy and when enrolling students for the first time in district schools.
This notification must explain that parent/guardians, or students 18 or older, have
the right to “opt the student out of participation,” in writing, in the
following activities:
1.
The collection, disclosure and use of personal information gathered
from students for the purpose of marketing or selling that information. This does not apply to the collection,
disclosure, or use of personal information collected from students for the
exclusive purpose of developing, evaluating, or providing educational products
or services for, or to students, such as:
a.
College or other postsecondary education recruitment, or military
recruitment;
b.
Book clubs, magazines and programs providing access to low-cost
literary products;
c.
Curriculum and instructional materials used in schools;
d.
Tests and assessments used by schools to provide cognitive, evaluative,
diagnostic, clinical, aptitude or achievement information about students;
e.
Student recognition programs; and
f.
The sale by students of products or services to raise funds for
school-related activities or education-related activities.
2. The administration of any survey that
delves into the restricted sensitive subject areas identified and listed above;
or
3. The
administration of any non-emergency, invasive physical examination or screening
that is required as a condition of attendance, administered by the school not
necessary to protect the immediate health or safety of the student or other
students and not otherwise permitted or required by state law.
6162.51(c)
Instruction
Surveys of Students
(Student Privacy) (continued)
Note: The term “invasive physical examination”
means any medical examination that involves the exposure of private body parts,
or any act during such examination that includes incision, insertion, or
injection into the body, but does not include a hearing, vision or scoliosis
screening.
The term “personal
information” means individually identifiable information including a student’s
or parent’s name, address, telephone number, or social security number.
Parents/guardians of a
student shall also have the right to inspect, upon request, any instructional
material used as part of the educational curriculum.
Note: The term
“instructional material” means instructional material that is provided to a
student, regardless of format including printed or representational materials,
audio-visual materials, and materials in electronic or digital formats (such as
materials accessible through the Internet). It does not include academic tests
or academic assessments.
Legal Reference: P.L. 103-227 Section 1017 (which
amends Section 439 of the General Education Provisions Act)
P.L.
107-110, (HR 1-“Leave No Child Behind”) § 1061/1062 – Student Privacy, Parental
Access to Information, and Administration of Certain Physical Examinations to
Minors. (20 U.S.C. §1232h)
Regulation
34 CFR Part 99
Policy adopted: September
14, 2004 EAST HADDAM
PUBLIC SCHOOLS
Moodus,
Connecticut