Board Policy 5580
Confidentiality/Protection of Student Privacy
It shall be the practice of the Board and its employees to advise students that although information given by a pupil to any school employee may be very personal, school personnel do not have “privileged communication” rights. School personnel should have an obligation and a desire to keep such information confidential, but if the employee is required by a governmental agency or court of law to disclose the information the employee will abide by the law.
Third-Party Student Surveys and Questionnaires
Before a school official or staff member administers or distributes a survey or evaluation created by a third party to a student, the student’s parent(s)/guardian(s) may inspect the survey or evaluation, upon their request and within a reasonable time of their request.
This section applies to every survey: (1) that is created by a person or entity other than a District official, staff member, or student, (2) regardless of whether the student answering the questions can be identified, and (3) regardless of the subject matter of the questions.
Surveys Requesting Personal Information
No student shall be required, as part of any applicable program, to submit to a District or third- party survey, analysis or evaluation that reveals the following information without prior written consent of his/her parent/guardian:
- Political affiliations or beliefs of the student or his/her parent/guardian;
- Mental or psychological problems of a student or his/her family;
- Behavior or attitudes about sex;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of other individuals with whom students have close family relationships;
- Legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers;
- Religious practices, affiliations or beliefs of the student or his/her parents/guardians; or
- Income (other than required to determine eligibility for participation in a program or for receiving financial assistance under such program)
School staff shall not disclose the identity of any student who, upon written consent of the parent/guardian, completes any survey or evaluation regarding the above items. Notice will be provided to parents prior to the administration of surveys or questionnaires concerning the above 5580 information and parents, upon their request, will be permitted to inspect the survey or questionnaire within a reasonable time of their request.
A student’s parent(s)/guardian(s) may inspect, upon their request, any instructional material used as part of their child educational curriculum within a reasonable time of their request.
The term “instructional material” means instructional content that is provided to a student, regardless of its format, printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
Physical Exams or Screenings
No school official or staff member shall subject a student to a non-emergency, invasive physical examination or screening as a condition of school attendance. The term invasive physical examination means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.
The above paragraph does not apply to any physical examination or screening that:
- Is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification.
- Is administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.).
- Is administered pursuant to the District’s extracurricular drug and alcohol testing program.
- Is otherwise authorized by Board policy.
Selling or Marketing Students’ Personal Information Is Prohibited
No school official or staff member shall market or sell personal information concerning students (or otherwise provide that information to others for that purpose). The term personal information means individually identifiable information including: (1) a student or parent’s first and last name, (2) a home or other physical address (including street name and the name of the city or town), (3) a telephone number, (4) a Social Security identification number or (5) driver’s license number or State identification card.
The above paragraph does not apply: (1) if the student’s parent(s)/guardian(s) have consented; or (2) 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:
- Book clubs, magazines, and programs providing access to low-cost literary products.
- Curriculum and instructional materials used by elementary schools and secondary schools.
- Tests and assessments 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.
- The sale by students of products or services to raise funds for school-related or education-related activities.
- Student recognition programs.
Under no circumstances may a school official or staff member provide a student’s personal information to a business organization or financial institution that issues credit or debit cards.
Notification of Rights and Procedures
The Superintendent or designee shall notify students’ parents/guardians of:
- This policy as well as its availability upon request from the general administration office.
- How to opt their child out of participation in activities as provided in this policy.
- The approximate dates during the school year when a survey requesting personal information, as described above, is scheduled or expected to be scheduled.
- How to request access to any survey or other material described in this policy.
This notification shall be given parents/guardians at least annually, at the beginning of the school year, and within a reasonable period after any substantive change in this policy.
The rights provided to parents/guardians in this policy transfer to the student when the student turns 18 years old, or is an emancipated minor.