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Protection of Pupil Rights Amendment: Regluation USD 339

by Cindy Johnson

Surveys: Parental Inspection Rights

Parents shall have the right to inspect any survey created by a third party before it is administered or distributed to students in the school.  Prior to distribution, parents shall have the right to inspect any survey that seeks information about:  political affiliations or beliefs of the student or the student's parent; mental or psychological problems of the student or the student's family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; religious practices, affiliations, or beliefs of the student or student's parent; or income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Written Permission Required

If such survey is funded in whole or in part by federal funds, a survey that seeks this information shall not be administered without the express written consent of the parent.  If the survey is not federally funded, parents must be given direct notification of the survey, through U.S. mail or e-mail, and provided with an opportunity to opt their child out of the survey.  If the survey is part of the curriculum, parents shall have the right to inspect any instructional materials use din conjunction with the survey.

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