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SHIPMAN/GOODWIN MINOR UPDATES & ADDITION OF POLICY #
Series 5000
5124.1P
STUDENTS
STUDENT PRIVACY POLICY (PPRA)
In accordance with federal law, the Board of Education 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;
STUDENT PRIVACY POLICY Page 1 of 8
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
parent;
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).
B. Surveys Funded by Sources Other than the U.S. Department of Education:
STUDENT PRIVACY POLICY Page 2 of 8
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 parent,
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).
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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
contains 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.
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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.
STUDENT PRIVACY POLICY Page 5 of 8
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:
Family Policy Compliance Office Student Privacy Policy Office
United States Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520 5920
Legal References:
Family Educational Rights and Privacy Act (FERPA), codified at 20 U.S.C. § 1232g;
34 CFR Part 99
Protection of Pupil Rights Amendment, Public Law 107-110, § 1061, codified at
20 U.S.C. § 1232h
POLICY ADOPTED: November 15, 2016
POLICY REVISED: June 8, 2021
341279v10
9285218V1
STUDENT PRIVACY POLICY Page 6 of 8
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 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;
5. 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;
STUDENT PRIVACY POLICY Page 7 of 8
6. 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); 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 Colchester Public 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:
Family Policy Compliance Office Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520 5920
6/2021
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