NCLB – PROTECTION OF PUPIL RIGHTS AMENDMENT In 1978, Congress passed the Protection of Pupil Rights Amendment (PPRA) which gives students and parents rights regarding student surveys and other matters. Although we have not heard much about the PPRA in Minnesota, that is about to change. The PPRA, as revised by the No Child Left Behind Act of 2001, now requires districts to “directly” notify parents and students each year of their rights under the law. This would include the dissemination of information relative to the district’s policy on PPRA.
Notifications under this Act should inform parents, students who are 18 or older, and emancipated minors that they have certain rights regarding the district’s conduct of surveys, collection and use of information for marketing purposes, and conduct of certain physical exams. Of vital importance, the PPRA notification should inform individuals that districts must receive written consent before administering any student surveys funded by the U. S. Department of Education if the survey includes “protected” information regarding any of the following “protected” topics:- Political affiliations;
- Mental or psychological problems of the student or his/her family;
- Sexual behavior or attitudes;
- Illegal, antisocial, self-incriminating behavior;
- Critical appraisals of the student’s family;
- Privileged relationships recognized by law such as those with attorneys, physicians, and ministers;
- Religious practices or beliefs of the student or his/her family;
- Income (does not include requests for information used to determine eligibility in state/federal programs or for receiving financial assistance).
In addition, parents must now be informed of their right to “opt out” of surveys that are not funded by the U. S. Department of Education. It is important, therefore, that the district’s notice informs parents and eligible students of this “opt out” provision should a survey include any of the following: - One or more of the above listed “protected” topics;
- Collection, disclosure, or use of personal information obtained from students for the purpose of marketing, selling, or otherwise distributing said information to others;
- Any nonemergency, invasive physical exams or screenings that are not necessary to protect the immediate safety of the student or other students, except for hearing, vision, or scoliosis screenings, or others as permitted or required by state law.
Remember that districts will now be responsible to provide parents and eligible students with information regarding this “opt out” option as well as the approximate dates during the school year when these activities will take place. As the actual date for the activity nears, districts would be wise to remind parents and eligible students of the activity and their options.
Yet another requirement of the PPRA is that districts inform parents and eligible students regarding their rights to inspect certain materials prior to a district’s participating in such an activity. Open for review will be: - “Protected” information surveys of students (instructional materials used in connection with the survey may also be reviewed);
- Documents used to collect personal information from students if used in marketing, sales, or distribution to others;
- Instructional materials used as a part of the educational curriculum.
Lastly, as if the above isn’t enough, the policy and notification must identify that parents and eligible students can report violations of the PPRA by contacting the U. S. Department of Education Policy Compliance Office at 400 Maryland Ave. SW, Washington, DC 20202-4605.
MSBA strongly recommends that school districts begin to review their testing and survey schedules to ascertain which may fall under the auspices of this law. In addition, strong consideration should be given to the development of a district-specific policy and notification form that can be used beginning with this next school year. MSBA/MASA Model Policy #520 should provide districts with an excellent base upon which to build their local policy, develop procedures, and create a letter of notification.
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