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In accordance with federal law, the Plainville Community Schools Board of Education (the “Board”) adopts, in consultation with parents, the following provisions related to student privacy.
I. Definitions
A. "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.
B. "Parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).
C. "Personally identifiable information" includes, but is not limited to,
1. the student’s name;
2. the name of the student’s parent or other family members;
3. the address of the student or student’s family;
4. a personal identifier, such as the student’s social security number, student number, or biometric record;
5. other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
6. information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
D. "Personal information" means individually identifiable information including—
1. a student's or parent's first and last name;
2. a home or other physical address (including a street name and the name of a city or town);
3. a telephone number; or
4. a Social Security identification number.
E. "Survey" includes an evaluation, but does not include a survey or evaluation administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).
II. Student Surveys
A. Surveys Funded in Whole or in Part by the U.S. Department of Education:
1. The administration shall make available for inspection by parents all instructional materials, including teacher’s manuals, films, tapes or other supplementary material which will be used in connection with any survey, analysis, or evaluation funded in whole or in part by the U.S. Department of Education.
2. The administration shall obtain the prior written consent of the parent or student (if the student is an adult or an emancipated minor), prior to requiring a student to submit to a survey, analysis, or evaluation funded in whole or part by the U.S. Department of Education that reveals information concerning any of the following topics:
a. political affiliations or beliefs of the student or the student's parent;
b. mental or psychological problems of the student or the student's family;
c. sex behavior or attitudes;
d. illegal, anti-social, self-incriminating, or demeaning behavior;
e. critical appraisals of other individuals with whom respondents have close family relationships;
f. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
g. religious practices, affiliations, or beliefs of the student or of the student's parent; or
h. income (other than that required by law to determine eligibility in a program or for receiving financial assistance under such program).
3. If a student is not required to submit to a survey, analysis, or evaluation that reveals information concerning any of the topics in Section II.A.2 above, the administration shall provide parents with notice of the district’s intent to distribute such survey and, upon written request, shall permit the parent or student (if an adult or emancipated minor) to opt out of participation.
B. Surveys Funded by Sources Other than the U.S. Department of Education:
1. Third Party Surveys
a. Prior to distributing any third party survey, the administration shall give notice to parents of the district's intent to distribute a survey on behalf of a third party.
b. Upon request, the administration shall permit parents to inspect any third party survey before it is administered or distributed by a school to a student. The administration shall grant reasonable access to the survey within a reasonable period of time after a parental request is received.
c. Student responses to third party surveys that contain personally identifiable information shall be considered student records, and shall be subject to the district's Confidentiality and Access to Student Records Policy and any administrative regulations or procedures governing the confidentiality of student records.
2. Confidential Topic Surveys
a. The provisions of this subsection apply to any survey (sponsored by the school district or a third party) which contains questions pertaining to one or more of the following items ("Confidential Topic Surveys"):
i) political affiliations or beliefs of the student or the student's parent,
ii) mental or psychological problems of the student or the student's family,
iii) sex behavior or attitudes,
iv) illegal, anti-social, self-incriminating, or demeaning behavior,
v) critical appraisals of other individuals with whom respondents have close family relationships,
vi) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,
vii) religious practices, affiliations, or beliefs of the student or of the student's parent,
viii) income (other than that required by law to determine eligibility in a program or for receiving financial assistance under such program).
b. At the beginning of the school year, the administration shall give direct notice to parents of affected students of the district's intent to distribute a Confidential Topic Survey(s). Such notice shall include the specific or approximate dates during the school year of such distribution.
c. Upon request, the administration shall permit parents to inspect any Confidential Topic Survey before it is administered, distributed or used by a school to or with a student. The administration shall grant reasonable access to the Confidential Topic Survey within a reasonable period of time after a parental request is received.
d. Student responses to any Confidential Topic Survey that contain personally identifiable information shall be considered student records, and shall be subject to the district's Confidentiality and Access to Student Records Policy and any administrative regulations or procedures governing the confidentiality of student records.
e. Upon written request, the administration shall permit the parent or student (if an adult or emancipated minor) to opt out of participation in any Confidential Topic Survey described in this subparagraph.
III. Collection of Personal Information
A. The provisions of this subsection apply to any instrument designed to collect personal information from a student for the purpose of marketing, selling or otherwise distributing such information or providing that information to others for that purpose.
B. At the beginning of the school year, the administration shall give direct notice to parents of affected students (or to the students aged eighteen (18) or older or emancipated minors) of the district's intent to collect, disclose or use personal information collected from students for the purpose of marketing, selling or otherwise distributing such information or providing that information to others for that purpose. Such notice shall include the specific or approximate dates during the school year of such collection, disclosure or use of personal information.
C. Upon written request, the administration shall permit parents to inspect an instrument designed to collect personal information of students before it is administered or distributed by a school to a student. The administration shall grant reasonable access to the instrument within a reasonable period of time after a parental request is received.
D. Upon written request, the administration shall permit parents (or students aged eighteen (18) or older or emancipated minors) to opt out of participation in the collection, disclosure or use of personal information obtained from students for the purposes of marketing, selling or otherwise distributing the personal information to others for that purpose.
E. The provisions regarding the collection, disclosure and/or use of personal information do not apply to 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 post-secondary education recruitment, or military recruitment*;
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 elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students;
5. the sale by students of products or services to raise funds for school-related or education-related activities;
6. student recognition programs.
*Note: Notwithstanding the foregoing, the district will permit parents and students over the age of eighteen (18) or emancipated minors to prevent disclosure of secondary school students' names, addresses and telephone numbers to military recruiters and institutions of higher education, in accordance with the district's Confidentiality and Access to Student Records Policy.
IV. Non-Emergency Invasive Physical Examinations and Screenings
A. The provisions described in this subparagraph shall apply to any non-emergency, invasive physical examinations/screenings conducted by the school district, when such examinations/screenings meet the following conditions:
1. they are required as a condition of attendance;
2. they are administered by the school and scheduled by the school in advance;
3. they are not necessary to protect the immediate health and safety of the students; and
4. they are not required by state law.
B. At the beginning of the school year, the administration shall give direct notice to parents of affected students (or the affected student if eighteen (18) or older or an emancipated minor) of the district's intent to conduct non-emergency invasive physical examination(s)/ screening(s) described above, except for hearing, vision or scoliosis screenings. Such notice shall include the specific or approximate dates during the school year of the administration of such the non-emergency invasive physical examination(s)/ screening(s).
C. Upon written request, the administration shall permit parents of affected students or the affected students (if adults or emancipated minors) to opt out of participation in the non-emergency invasive physical examination(s)/screening(s) described in this subparagraph.
V. Complaint Procedure
Parents or students (if adults or emancipated minors) who believe that their rights under this policy have been violated may file a complaint with:
Student Privacy Policy Office
United States Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Legal References:
Family Educational Rights and Privacy Act (FERPA), U.S.C. § 1232g; 34 CFR Part 99
Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h
UNITED STATES DEPARTMENT OF EDUCATION, STUDENT PRIVACY POLICY OFFICE, Protection of Pupil Rights Amendment (PPRA), SPPO-21-01 (issued November 24, 2020), available at https://studentprivacy.ed.gov/sites/default/files/resource_document/file/20-0379.PPRA_508_0.pdf.
Model Notification of Rights Under the Protection of Pupil Rights Amendment (“PPRA”)
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, affords parents and eligible students (i.e. students over 18 or emancipated minors) certain rights with respect to the administration of student surveys, the collection and use of personal information, and the administration of certain physical exams. These rights include:
1. the right of a parent to inspect, upon request, a survey created by a third party before the survey is administered or distributed by a school to a student;
2. the right of a parent to inspect, upon request, any survey concerning one or more of the following confidential topics:
a. political affiliations or beliefs of the student or the student’s parent;
b. mental or psychological problems of the student or the student’s family;
c. sex behavior or attitudes;
d. illegal, anti-social, self-incriminating, or demeaning behavior;
e. critical appraisals of other individuals with whom respondents have close family relationships;
f. legally recognized privileged relationships, such as those with lawyers, doctors, physicians, or ministers;
g. religious practices, affiliations, or beliefs of the student or the student’s parent; or
h. income, other than as required by law to determine eligibility for certain programs or for receiving financial assistance under such programs;
3. the right of a parent to consent before a student is required to submit to a survey that concerns one or more of the confidential topics (see #2, above, a-h) if the survey is funded in whole or in part by a program of the U.S. Department of Education;
4. the right of a parent or eligible student to receive notice and opt out of a student’s participation in a survey that concerns one or more of the confidential topics (see #2, above, a-h) if the student is not required to submit to such survey, whether the survey is funded in whole or in part by a program of the U.S. Department of Education or some other source;
5. the right of a parent to inspect, upon request, any instructional material used as part of the educational curriculum. Instructional material means any instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet) but does not include academic tests or academic assessments;
6. the right of a parent to inspect, upon request, any instrument used in the collection of personal information from students gathered for the purpose of marketing, selling or otherwise providing that information to others for that purpose. Personal information means individually identifiable information including, a student or parent’s first and last name, a home or other physical address; a telephone number or a social security number;
7. the right of a parent whose student(s) is scheduled to participate in the specific activities provided below to be directly notified of the specific or approximate dates of the following activities, as well as the right of a parent or eligible student to opt-out of participation in these activities:
a. activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information (or otherwise providing that information to others for that purpose);
b. the administration of any survey containing confidential topics (see #2, above, a-h) if the survey is either not funded as part of a program administered by the United States Department of Education or is funded by the United States Department of Education but the student is not required to submit to such survey; or
c. any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school, scheduled by the school in advance, and unnecessary to protect the immediate health and safety of a student. Such examinations do not include a hearing, vision, or scoliosis screening or other examinations permitted or required by State law.
Parents and eligible students may not opt-out of activities relating to the collection, disclosure, and/or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing education products or services for, or to students or educational institutions, such as the following:
a. college or other post-secondary education recruitment, or military recruitment;
b. book clubs, magazines, and programs providing access to low-cost literary products;
c. curriculum and instructional materials used by elementary and secondary schools;
d. tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students;
e. the sale by students of products or services to raise funds for school-related or education-related activities; and
f. student recognition programs.
To protect student privacy in compliance with the PPRA, the Plainville Community Schools district has adopted policies regarding these rights. Parents and/or eligible students who believe their rights have been violated under the PPRA may contact:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
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