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FILE:  JHDA
CRITICAL

 

SURVEYING, ANALYZING OR EVALUATING STUDENTS

 


Inspection


Parents may inspect, upon request, instructional material used as part of the educational curriculum and instructional materials, including teachers' manuals, films, tapes or other supplementary material, that will be used in connection with any survey, analysis or evaluation. Further, a parent may inspect, upon request, a survey created by a third party before the survey is administered or distributed by a school to a student. The term "instructional material" does not include academic tests or academic assessments.


In general, the district will not collect, disclose or use personal student information for the purpose of marketing or selling that information or otherwise providing the information to others for that purpose. In the rare case where the district may collect information from students for the purpose of marketing or selling that information, parents may inspect any instrument used before the instrument is administered or distributed to a student, upon request and in accordance with Board policy.


Parents will be notified at least annually at the beginning of the school year of this policy and within a reasonable period of time after any substantive change in the policy. The district will directly notify parents at least annually at the beginning of the school year of the specific or approximate dates during the school year when the above described surveys or evaluations are scheduled or expected to be scheduled or when information for the purpose of marketing will be collected. Parents have the opportunity to opt the student out of participation in any surveys or evaluations described in this policy.


Consent Required


In accordance with law, no student, as part of any program wholly or partially funded by the U.S. Department of Education, shall be required to submit to a survey, analysis or evaluation (hereafter referred to as "protected information survey") that reveals any of the following information without written consent of a parent:

 

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, antisocial, 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.

 

8.       Income other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.


Notice and Opportunity to Opt Out


In accordance with law, parents will receive prior notice and an opportunity to opt a student out of:

 

1.       Any other protected information survey, as defined above, regardless of the funding source.

 

2.       Any other nonemergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent and not necessary to protect the immediate health and safety of a student, or any physical exam or screening permitted or required under state law, except for hearing, vision or scoliosis screenings.

 

3.       Activities involving the collection, disclosure or use of personal information obtained from students for marketing, selling or otherwise distributing information to others.


The district will directly notify parents at the beginning of the school year of the specific or approximate dates during the school year when the above-listed activities will occur or are expected to be scheduled.


Notification of Policy and Privacy


In accordance with law, parents will be directly notified of this policy at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy.


If a survey covering one (1) or more of the eight (8) listed issues is distributed, regardless of the source of funding, the district will take measures to protect the identification and privacy of the students participating in a protected information survey, regardless of the source of funding. These measures may include limiting access to the completed surveys and the survey results as allowed by law. All student educational records will be protected in accordance with law and Board policy. Parents have the opportunity to opt the student out of participation in a survey covering one (1) or more of the eight (8) listed issues.


The provisions of this policy applicable to parents will transfer to a student who is 18 years old or emancipated.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:       10/14/1993

 

Revised:        09/10/1998; 11/11/2004; 08/11/2005

 

Cross Refs:    IGBA, Programs for Students with Disabilities

IGBC, Parent/Family Involvement in Instructional and Other Programs

KI, Public Solicitation/Advertising in District Facilities

 

Legal Refs:    §§ 610.010 - .028, RSMo.

Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h


St. Charles R-VI School District, St. Charles, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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Portions © 2005, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: JHDA-C.SC6 (05/05)

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