The Protection of Pupil Rights Amendment provides parents/guardians with certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. In particular, if a survey is funded in whole or part by the U.S. Department of Education, parents/guardians have the right to consent before students are required to complete a survey that asks about any of eight protected areas:
- Political affiliations or beliefs
- Mental or psychological problems
- Sexual behavior or attitudes
- Illegal, anti-social, self-incriminating, or demeaning behavior
- Critical appraisals of others with whom respondents have close family relationships
- Legally recognized privileged relationships
- Religious practices
- Income
Parents/guardians will also receive a notice and an opportunity to opt students out of:
- Any other survey that asks about the above protected areas
- Any non-emergency, invasive physical exam/screening with the exception of physical exams or screenings required or permitted by state law (e.g. hearing, vision, or scoliosis); and activities involving collection, disclosure, or use of personal information collected from students for marketing.
Parents/guardians have the right to inspect any surveys that ask about the above protected areas, as well as surveys created by third parties to collect personal information from students for marketing purposes, and instructional materials used as part of the curriculum. Parents/guardians will also be provided with reasonable notification of specific activities or surveys covered by this policy and the ability to opt their child out.
How to File a Complaint
Anyone who believes their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202