Student And Family Privacy Rights

Surveys Requesting Information about Beliefs and Practices A student's parent/guardian shall provide prior written consent before the student participates in a survey containing one or more of the following items: (20 USC 1232h; Education Code 51513) - Political affiliations or beliefs of the student or their family - Mental or psychological problems of the student or their family - Sexual behavior or attitudes or personal beliefs and practices in family life or morality - Illegal, anti-social, self-incriminating or demeaning behavior - Critical appraisals of other individuals with whom students have close family relationships - Legally recognized privileged or analogous relationships, such as those of lawyers, physicians or ministers - Religious practices, affiliations or beliefs of the student or their parent/guardian - Income, except to the extent that income is required to be disclosed by law for participation in a program or for receiving financial assistance under such a program If a student participates in such a survey regarding information about personal beliefs and practices, school officials and staff members shall not request or disclose the student's identity. Notwithstanding the above requirements for prior written consent, the district may administer to students in grades 7-8, anonymous, voluntary, and confidential research and evaluation tools to measure student health risks and behaviors, including tests and surveys about the student's attitudes or practices related to sex as long as parents/guardians are provided written notice and given an opportunity to request that their child not participate. (Education Code 51938) If the district administers a voluntary survey that already includes questions pertaining to sexual orientation and/or gender identity, the Superintendent or designee shall not remove such questions. (Education Code 51514) Parent/Guardian Access to Surveys and Instructional Materials The parent/guardian of any district student upon their request shall have the right to inspect: (20 USC 1232h; Education Code 51938) - A survey or other instrument to be administered or distributed to their child that either collects personal information for marketing or sale or requests information about beliefs and practices - Any instructional material to be used as part of their child's educational curriculum Within a reasonable period of time of receiving a parent/guardian's request, the principal or designee shall permit the parent/guardian to view the survey or other document they requested. A parent/guardian may view the document any time during normal business hours. Students whose parents/guardians exercise this option shall not be penalized by the district. (20 USC 1232h) Health Examinations Authorized school officials may administer to any student any physical examination or screening permitted under California law. However, no student shall be subjected to a nonemergency, invasive physical examination without prior written notice to their parent/guardian unless an applicable state law authorizes the student to provide consent without parent/guardian notification. (20 USC 1232h) 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 properly authorized hearing, vision or scoliosis screening. (20 USC 1232h) Notifications At the beginning of the school year, the Superintendent or designee shall notify parents/guardians of: (20 USC 1232h) - The district's policy regarding student privacy - The process to opt their children out of participation in any activity described in this administrative regulation and the accompanying Board policy - The specific or approximate dates during the school year when the following activities are scheduled: - Survey requesting personal information - Physical exams or screenings - Collection of personal information from students for marketing or sale Prior to administering anonymous and voluntary surveys regarding health risks and behaviors to students in grades 7-8, the district shall provide parents/guardians with written notice that the survey is to be administered. (Education Code 51938) Parents/guardians shall also be notified of any substantive change in this policy and administrative regulation within a reasonable period of time after adoption of the change. (20 USC 1232h)