5550 Student Privacy

(This policy replaces previously approved Board of Education Policy #2470.1 – Surveys and Administrative Handbook – Administration Section – Item #13 Correspondence – State Education Department)

 The Board of Education recognizes its responsibility under the federal Protection of Pupil Privacy Rights Act (PPRA) to enact policies that protect student privacy, in accordance with law. This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.

For purposes of this policy, “parent/guardian” includes a legal guardian or 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).

The Board recognizes that student surveys are a valuable tool in determining student needs for educational services. In accordance with law and Board policy, parent/guardian consent is required before requiring minors to take part in surveys which gather any of the following information:

1. Political affiliations or beliefs of the student or the student's parent;
2. Mental or psychological problems of the student or the student's family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating or demeaning behavior;
5. Critical appraisals of other individuals with whom respondents have close family relationships;
6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
7. Religious practices, affiliations or beliefs of the student or the student's parent; or
8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

In the event that the District plans to survey students to gather information included in the list above, the District will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of their right to inspect the survey prior to their child’s participation. In addition, the District will notify parents/guardians that they may inspect any survey created by a third party before the survey is administered or distributed to students. Prior written consent and the right to inspect surveys transfers to students once they turn 18 years old or are emancipated.

All requests to inspect third party surveys must be made to the Coordinator of Funded Programs within 15 school days prior to the date of the survey.

The District will limit access to information collected by any survey that contains the items listed above to those school officials who have a legitimate educational interest. The terms “school official” and “legitimate educational interest” are defined in District policy 5500, Student Records.

Marketing

Under State Education Law §2-d and its implementing regulations (8 NYCRR Part 121), the District is prohibited from disclosing or using “personally identifiable information” for marketing or commercial purposes, or selling that information, or providing it to others for that purpose.

All disclosure or use of student personal information will be protected by the District pursuant to the requirements of the Family Educational Rights and Privacy Act (FERPA), Individuals with Disabilities Education Act (IDEA), Protection of Pupil Rights Amendment (PPRA), the National School Lunch Act, Children's Online Privacy Protection Act (COPPA), and NY Education Law §2-d.

Inspection of Instructional Material

Parents/guardians shall have the right to inspect, upon request, any instructional material, used as part of the educational curriculum for students. “Instructional material” is defined as: “instructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). It does not include tests or academic assessments.” The right to inspect instructional materials transfer to students once they turn 18 years old or are emancipated. A parent/guardian (or student who is at least 18 years old or is emancipated) who wishes to inspect and review such instructional material must submit a request in writing to the Building Principal. Upon receipt of such request, the District will provide access to such material to within 30 calendar days after the request has been received.

Invasive Physical Examinations

Prior to the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and scheduled by the school in advance, which are not necessary to protect the immediate health or safety of the student or other students, a student’s parent/guardian will be notified and given an opportunity to opt their child out of the exam.

“Invasive physical examination” is defined in federal law as 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. Hearing, vision and scoliosis screenings are not included in this definition and are not subject to prior notification, nor are any physical examinations that are permitted or required by state law, including those which are permitted without parent/guardian notification.

Notification

Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year, and when enrolling students for the first time in District schools of this policy. The District shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

Cross-ref: 5420, Student Health Services

5500, Student Records

Ref: 20 USC §1232h (Protection of Pupil Rights Amendment, as amended)

34 CFR Part 98

Education Law §2-d; 903

8 NYCRR §136.3(b); Part 121

 

Approved by the Board of Education: 4/14/11

Revision approved by the Board of Education: 7/08/25

 

Download the Student Privacy PDF