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Article 64 - Student Privacy
| Section 64.1 | Purpose |
| Section 64.2 | Definitions |
| Section 64.3 | Protection of Pupil Rights Right of Inspection |
| Section 64.4 | Protection of Pupil Rights Opting Out of Certain Activities |
| Section 64.5 | Disclosure of Certain Student Information |
| Section 64.6 | Parental Notification |
| Section 64.7 | Transfer of Rights to Adult/Emancipated Students |
Article 64
STUDENT PRIVACY
Adopted 03/05/03
The purpose of this policy is to protect student privacy in compliance with the Protection of Pupil Rights Amendment (PPRA)[i]
(A) "Instructional material" shall mean 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). The term does not include academic tests or academic assessments.
(B) "Invasive physical examination" shall mean 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 shall not mean or include a hearing, vision, or scoliosis screening, or any physical examination or screening required by New York State Law (see, also, Article 43) including physical examinations or screenings that are permitted without parental notification.
(C) "Parent" shall mean a natural parent as well as 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.
(D) "Personal information" shall mean individually identifiable information including:
(1) a student or parent's first and last name;
(2) a home or other physical address (including street name and the name of the city or town);
(3) a telephone number; or
(4) a Social Security identification number.
(E) "Student" shall mean any elementary school or secondary school student in the District.
(F) "Survey" shall mean a survey and an evaluation.
Section 64.3 Protection of Pupil Rights Right of Inspection
(A) 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 as part of any applicable program shall be available for inspection by the parents or guardians of the children.
(B) Within 15 school days of a written request to the building principal, a parent of a student shall have the right to inspect one or more of the following:
(1) a survey created by a third party before the survey is administered or distributed by the District to such student; and/or
(2) any instructional material used as part of the educational curriculum for the student;
(3) any instrument used in the collection of personal information before the instrument is administered or distributed to a student;
Section 64.4 Protection of Pupil Rights Opting Out of Certain Activities
(A) A student who is an adult or emancipated minor, and the parent of an un-emancipated minor student, shall have the right to opt such student out of participation in any of the following activities:
(1) any program funded by the United States Department of Education (DOE), to submit to a survey, analysis, or evaluation funded in whole or in part by DOE that reveals information concerning:
(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 the student or the student's parent has 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 student's parent, or
(h) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
(2) the collection of personal information for the purpose of marketing or selling that information to third parties, or of providing such information to third parties for that purpose, except as provided in paragraph (C) of this section; and/or
(3) any invasive physical examination of a non-emergency nature which is not necessary to protect the immediate health or safety of the student or other students.
(B) In order to opt a student out of participation in any of the activities in paragraph (A) of this section, the adult/emancipated student or the parent of an un-emancipated student shall submit a written statement to the building principal opting such student out of one or more of such activities.
(C) Notwithstanding any other provision of this section, nothing shall prohibit the District from the collection, disclosure, or use of 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 the District;
(4) tests and assessments used by the District to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
(5) the sale by students of products or services to raise funds for school- related or education-related activities;
(6) student recognition programs.
Section 64.5 Disclosure of Certain Student Information
A student's name, image, likeness, photograph and/or work product, may be released to the news media, published in a District newsletter or other publication, and/or posted on the District's website or web pages, only in compliance with Section 66.18 of this policy governing the disclosure of directory information.
Section 64.6 Parental Notification
(A) Notice of the adoption or continued use of this policy shall be provided directly to the parents of students enrolled in District schools at least annually at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.
(B) The District shall also directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities described in subparagraph (D) are scheduled or expected to be scheduled.
(C) Each notice provided to parents shall offer an opportunity for the parent, and a student of an appropriate age, to opt the student out of participation in an activity described in paragraph (D) below
(D) The following activities require notification under this section:
(1) the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose);
(2) the administration of any survey containing one or more items described in Section 64.4 (A);
(3) any nonemergency, invasive physical examination or screening that is
(a) required as a condition of attendance,
(b) administered and scheduled by the District in advance, and
(c) not necessary to protect the immediate health and safety of the student, or of other students.
Section 64.7 Transfer of Rights to Adult/Emancipated Students
The rights provided to parents under this section shall transfer to the student when the student turns 18 years old, or at a younger age becomes an emancipated minor.