Williamsville Central School District

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Student Progress

Adoption Date: 7/7/2009
7000 - Students

7250 STUDENT PRIVACY, PARTICIPATION IN SURVEYS AND ACCESS TO INFORMATION

U.S. Department of Education (DOE)-Funded Surveys

The Board of Education recognizes its responsibility to protect 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) or by "third parties." Pursuant to the No Child Left Behind Act (NCLB) and amendments to the Protection of Pupil Rights Amendment (PPRA), the District must obtain prior written parental/guardian consent before minor students are requested to participate in any Department of Education-funded survey. The District must also make available for inspection instructional materials used in connection with any DOE-funded survey, analysis, or evaluation that reveals information concerning:

  1. Political affiliations or beliefs of the student or the student's parent/guardian;
  2. Mental or psychological problems of the student or the student's family;
  3. Sexual 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 student's parent/guardian; or
  8. Income of parent/guardian (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
Surveys funded by sources other than US Department of Education

The Board of Education extends these same provisions to 'third party surveys". Parents/Guardians shall have the right to inspect, upon request, a survey created by a party other than the Department of Education (DOE) before it is administered or distributed by the school to the student. Student privacy will be protected in the event of the administration or distribution of a survey to a student when the survey contains one or more of the following items:

  1. Political affiliations or beliefs of the student or the student's parent/guardian;
  2. Mental or psychological problems of the student or the student's family;
  3. Sexual 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 student's parent/guardian; or
  8. Income of parent/guardian (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
Parents/guardians have the right to inspect, upon request, any survey containing one or more of the eight previous items. Such requests for inspection must be submitted by the parent/guardian, in writing to the Building Principal at least ten (10) days prior to the administration or distribution of any survey.

Parents/guardians shall also be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student. Upon receipt of such written request from the parent/guardian, the District shall comply within thirty (30) calendar days. The term "instructional materials" is defined as instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats. The term does not include academic tests or academic assessments.

Any physical examination or screenings the District may administer to a student, will be in compliance with current procedures, which requires parental permission for physical examinations and parental notification of annual screening.

The Board of Education does not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information unless otherwise authorized or mandated by Federal or State law and/or regulation. The term "personal information" is defined as individually identifiable information including a student's or parent/guardian's first and last name; home address; telephone number; or Social Security number. These requirements do not apply, however, 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, such as the following:

  1. College or other postsecondary educational recruitment, or military recruitments;
  2. Book clubs, magazines, and programs providing access to low-cost literary products;
  3. Curriculum and instructional materials used by elementary schools and secondary schools;
  4. Tests and assessments used by K through 12 schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
  5. The sale by students of products or services to raise funds for school-related or educational-related activities;
  6. Student recognition programs.
Notification of Policies/"Opt Out" Provisions

The District must provide notice of the adoption or continued use of this policy, including any substantive change, directly to the parents/guardians of students enrolled in the District. Notice shall be provided annually, at the beginning of the school year, and must include the approximate dates during the year when surveys are scheduled, or expected to be scheduled, for administration. The notification must offer parents/guardians an opportunity to opt their child out of participation in the administration of any survey containing one or more of the eight items of information listed above in reference to Department of Education-funded surveys or non Department of Education-funded surveys.

General Provisions

The requirements of PPRA do not apply to surveys administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supercede any of the requirements of 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 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.

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