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Surveys and Activities

What rights do families have regarding student surveys, protected information, consent, and opt-out requests?

The Protection of Pupil Rights Amendment (“PPRA”) requires that students may not be required to participate in certain surveys, analyses, or evaluations—funded in whole or in part by the U.S. Department of Education—that concern

  • 1. critical appraisals of individuals with whom the student has close family relationship;
  • 2. illegal, antisocial, self-incriminating or demeaning behavior;
  • 3. income, except when the information is required by law and will be used to determine the student’s eligibility to participate in a special program or to receive financial assistance under such a program;
  • 4. mental or psychological problems of the student or the student’s family;
  • 5. political affiliations or beliefs of the student or the student’s parent(s);
  • 6. relationships privileged under law, such as relationships with lawyers, physicians and ministers;
  • 7. religious practices, affiliations, or beliefs of the student or parents; or
  • 8. sexual behavior or attitudes.

Parents may inspect the survey or other instrument and any corresponding instructional materials used in connection with such a survey, analysis, or evaluation.

“Opting Out” of Surveys and Activities

The PPRA also gives parents the right to receive notice of and deny permission for their student’s participation in

  • 1. any survey concerning the private information listed above, regardless of funding;
  • 2. school activities involving the collection, disclosure, or use of personal information gathered from their student for the purpose of marketing or selling that information; and
  • 3. a nonemergency, invasive physical examination, or screening required as a condition of attendance, administered and scheduled by the school in advance and not necessary to protect the immediate health and safety of the student (exceptions are hearing, vision, or scoliosis screenings, or any physical exam of screening permitted or required under state law).