File: JLDAC-E - Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

NOTE: Colorado school districts are required by federal law to provide a notification on this subject and federal law contains some specific direction as to the notification’s content or language. This sample exhibit and accompanying policy contain the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

PPRA affords parents/guardians certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

1. Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”), if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED):

a. Political affiliations or beliefs of the student or student’s parent/guardian.

b. Mental or psychological problems of the student or student’s family.

c. Sex behavior or attitudes.

d. Illegal, anti-social, self-incriminating, or demeaning behavior.

e. Critical appraisals of others with whom respondents have close family relationships.

f. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers.

g. Religious practices, affiliations, or beliefs of the student or parents/guardians.

h. Income, other than as required by law to determine program eligibility.

2. Receive notice and an opportunity to opt a student out of:

a. Any other protected information survey, regardless of funding.

b. Any non-emergency, 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.

c. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.

3. Inspect, upon request and before administration or use:

a. Protected information surveys of students.

b. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes.

c. Instructional material used as part of the educational curriculum.

These rights transfer from the parents/guardians to a student who is 18 years old or an emancipated minor (“eligible student”) under state law.

The district will develop and adopt policies, in consultation with parents/guardians, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.

The district will directly notify parents/guardians of these policies at least annually at the start of each school year and after any substantive changes. The district will also directly notify, such as through U.S. Mail or electronic mail, parents/guardians of students who are scheduled to participate in the specific activities or surveys noted above and will provide an opportunity for the parent/guardian to opt his or her child out of participation in the specific activity or survey. The district will make this notification to parents/guardians at the beginning of the school year if the district has identified the specific or approximate dates of the activities or surveys at that time.

For surveys and activities scheduled after the school year starts, parents/guardians will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents/guardians will also be provided an opportunity to review any pertinent surveys.

Following is a list of the specific activities and surveys covered under this requirement:

1. Collection, disclosure, or use of personal information for marketing, sales or other distribution.

2. Administration of any protected information survey not funded in whole or in part by ED.

3. Any non-emergency, invasive physical examination or screening as described above.

Parents/guardians and eligible students who believe their rights have been violated may file a complaint with:

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Avenue, SW
Washington, D.C. 20202-5901

(Issue date)