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Canandaigua City School District

One Community, Transforming Lives

Student Privacy Policy 3260

CCSD Policy 3260 Student Privacy

 

This Policy is intended to state and affirm the parental rights afforded by the Protection of Pupil Rights Amendment (PPRA) which governs the administration to students of a survey analysis, or evaluation that concerns one (1) or more of the following eight (8) protected areas:

  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 or 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. religious practices, affiliations or beliefs of the student or the student's parent; or
  8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors. The terms used throughout this policy are defined in the PPRA.

In the event that the district plans to survey students to gather information included in the list above, the district will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of their right to inspect the survey prior to their child’s participation.

I.          PPRA General Provisions

            This Policy and the statute (PPRA) are not intended to preempt applicable provisions of State law that require parental/guardian notification.

            The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).

The rights provided to parents/guardians under PPRA transfer from the parent/guardian to the student when the student turns eighteen (18) years old or is an emancipated minor under applicable State law.

            The School District may use funds provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to enhance parental/guardian involvement in areas affecting the in-school privacy of students.

II.        Annual Parental Notification of Policies/Prior Written Consent/"Opt Out" Provisions

            The School District shall provide for reasonable notice of the adoption or continued use of this policy directly to parents/guardians and eligible students enrolled in the District. At a minimum, the District shall provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.

            Further, in the notice, the District shall offer an opportunity for parents/guardians to provide written consent or opt their child out of participation in the following activities in accordance with law and the surveys conducted:

A.        The administration of any survey containing one or more of the eight protected areas, regardless of funding.

  1. U.S. Department of Education-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.
  2. Surveys funded by sources other than U.S. Department of Education: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt child out of participating upon receipt of the notification.

B.        Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).

C.        Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; administered by the school and scheduled by the school in advance; and not necessary to protect the immediate health and safety of the student, or of other students.

III.       Specific Notifications Other than Annual Notice

            In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it shall "directly" notify, such as through U.S. Mail or email, the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to provide written consent or opt out of participation in accordance with law and the surveys conducted.

IV.       U.S. Department of Education-Funded Surveys

            In compliance with the Protection of Pupil Rights Amendment (PPRA), the School District is committed to protecting the rights and privacy interests of parents/guardians and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education (DOE).

The District shall make instructional materials available for inspection by parents/guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate.

In addition, the School District shall obtain prior written parental/guardian consent before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning any of the eight protected areas listed above.

V.        Other Survey Inspection Rights

            The School District has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following non-DOE-funded surveys:

A.        The parent/person in parental relation has the right to inspect, upon request, a survey created by a third party (i.e., by a party other than the DOE) before the survey is administered or distributed by the school to a student. Requests by parents/guardians to inspect such surveys are to be submitted, in writing, to a building administrator at least ten (10) days prior to the administration or distribution of any survey. Further, the District shall grant a request by the parent/guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.

B.        Arrangements shall be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent/guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests must be submitted by the parent/guardian, in writing, to a building administrator at least ten (10) days prior to the administration or distribution of any survey.

VI.  Marketing

Unless mandated or authorized in accordance with Federal or State law and/or regulation, it is the policy of the Board not to collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information or providing it to others for that purpose. 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 or educational institutions.

VII. Inspection of Instructional Material

Parents/guardians shall be granted, upon request, reasonable access and the right to inspect any instructional material, used as part of the educational curriculum for students.  “Instructional material” is defined as: “instructional content 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 tests or academic assessments.”

A parent/guardian who wishes to inspect and review such instructional material shall submit a request in writing to the Building Principal.  Upon receipt of such request, arrangements shall be made to provide access to such material to within 30 calendar days after such request has been received by the District.

 VIII.  Invasive Physical Examinations

Prior to 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, a student’s parent/guardian will be notified and given an opportunity to opt their child out of the exam.  Hearing, vision and scoliosis screenings are not subject to prior notification.

 

References:

  • 20 USC §1232h (No Child Left Behind Act)
  • 34 CFR Part 98
  • Education Law §903

 

Board Approved: September 23, 2019