79C3C34C52B45572883A05D425EB0F82
Protection of Pupil Rights Amendment
https://www.govinfo.gov/content/pkg/USCODE-2010-title20/pdf/USCODE-2010-title20-chap31-subchapIII-part4-sec1232h.pdf
http://leaux.net/URLS/ConvertAPI Text Files/07FDF933E3A78E7E69FF8F54445FC337.en.txt
Examining the file media/Synopses/07FDF933E3A78E7E69FF8F54445FC337.html:
This file was generated: 2020-12-01 05:11:52
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator illegal:
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p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
...
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
...
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
p.(None): 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400
p.(None): of this title and Tables.
p.(None): The Elementary and Secondary Education Act of
p.(None): 1965, referred to in subsec. (c)(5)(D), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part
p.(None): A of title V of the Act is classified generally to part A (§ 7201 et seq.) of subchapter V of
p.(None): chapter 70 of this title. For complete classification of this Act to the Code, see Short Title
p.(None): note set out under section 6301 of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
...
Searching for indicator unlawful:
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p.(None): (1) at least 30 days prior written notice of de- ferral to the agency, setting forth the particu- lar program or
p.(None): programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law;
p.(None): (2) the opportunity for a hearing on the record before a duly appointed administrative law judge
p.(None): within a 60-day period (unless such period is extended by mutual consent of the Secretary and such
p.(None): agency) from the com- mencement of any deferral;
p.(None): (3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative
p.(None): law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge
p.(None): finds by a deci- sion that such hearing cannot be concluded or such decision cannot be rendered within
p.(None): such period, in which case such judge may extend such period for not to exceed 60 additional days;
p.(None): (4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary
p.(None): to a period not to exceed 15 days after the rendering of such decision unless there has been an
p.(None): express finding on such record that such agency has failed to comply with any such nondiscrimination
p.(None): provision of Federal law; and
p.(None): (5) procedures, which shall be established by the Secretary, to ensure the availability of
p.(None): sufficient funds, without regard to any fiscal year limitations, to comply with the decision of such judge.
p.(None): (c) Failure to comply with imposition of quotas
p.(None): It shall be unlawful for the Secretary to defer or limit any Federal financial assistance on the basis
p.(None): of any failure to comply with the imposi- tion of quotas (or any other numerical require- ments which
p.(None): have the effect of imposing quotas) on the student admission practices of an institu- tion of higher education or
p.(None): community college receiving Federal financial assistance.
p.(None): (Pub. L. 90–247, title IV, § 446, formerly § 440, as added Pub. L. 93–380, title V, § 515(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 94–482, title
p.(None): IV, §§ 407, 408, Oct. 12, 1976, 90 Stat. 2232, 2233; re-
p.(None): numbered § 446 and amended Pub. L. 103–382, title II, § 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)
p.(None): REFERENCES IN TEXT
p.(None): The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as
p.(None): amended. Title VI of the Civil Rights Act of 1964 is classified gen- erally to subchapter V (§ 2000d et seq.) of
p.(None): chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the
p.(None): Code, see Short Title note set out under section 2000a of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 446 of Pub. L. 90–247 was classified to section 1233e of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 1994—Subsec. (a). Pub. L. 103–382, § 212(b)(3)(C), made
p.(None): technical amendment to reference to section 1232g(b)(1)(D) of this title to reflect
...
Political / political affiliation
Searching for indicator party:
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p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
...
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
p.(None): Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as
p.(None): a note under section 1221e–3 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 514(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
p.(None): sec-
p.(None):
p.(None): Page 837 TITLE 20—EDUCATION
p.(None): § 1232j
p.(None):
p.(None):
p.(None): tion] shall be effective upon enactment of this Act [Aug. 21, 1974].’’
p.(None): § 1232i. Limitations on withholding of Federal as- sistance
p.(None): (a) Refusal to supply personal data on students or families
p.(None): Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local edu-
p.(None): cational agency or institution of higher edu- cation, community college, school, agency offer- ing a
p.(None): preschool program, or other educational institution to provide personally identifiable data on students
p.(None): or their families, as a part of any applicable program, to any Federal office, agency, department, or other
p.(None): third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of
p.(None): students or their parents, shall not constitute sufficient grounds for the suspension or termination
p.(None): of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a
p.(None): refusal to consider, or a delay in the consider- ation of, funding for such a recipient in succeed- ing fiscal
p.(None): years. In the case of any dispute aris- ing under this section, reasonable notice and op- portunity for a
p.(None): hearing shall be afforded the ap- plicant.
p.(None): (b) Noncompliance with nondiscrimination pro- visions of Federal law
p.(None): The extension of Federal financial assistance to a local educational agency may not be lim- ited,
p.(None): deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil
p.(None): Rights Act of 1964 [42 U.S.C. 2000d et seq.] or any other nondiscrimination provision of Federal law
p.(None): unless such agency is accorded the right of due process of law, which shall in- clude—
p.(None): (1) at least 30 days prior written notice of de- ferral to the agency, setting forth the particu- lar program or
p.(None): programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law;
p.(None): (2) the opportunity for a hearing on the record before a duly appointed administrative law judge
p.(None): within a 60-day period (unless such period is extended by mutual consent of the Secretary and such
...
Searching for indicator political:
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p.(None): sec- tion 930 of this title.
p.(None): EFFECTIVE DATE OF 1974 AMENDMENT
p.(None): Section 2(b) of Pub. L. 93–568 provided that: ‘‘The amendments made by subsection (a)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
...
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
...
p.(None): XII, § 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L.
p.(None): 103–227, title X, § 1017, Mar. 31, 1994, 108 Stat. 268;
p.(None): renumbered § 445, Pub. L. 103–382, title II,
p.(None): § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
p.(None): 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400
p.(None): of this title and Tables.
p.(None): The Elementary and Secondary Education Act of
p.(None): 1965, referred to in subsec. (c)(5)(D), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part
p.(None): A of title V of the Act is classified generally to part A (§ 7201 et seq.) of subchapter V of
p.(None): chapter 70 of this title. For complete classification of this Act to the Code, see Short Title
p.(None): note set out under section 6301 of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
...
Health / Cognitive Impairment
Searching for indicator cognitive:
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p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
...
Health / Motherhood/Family
Searching for indicator family:
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p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
...
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
...
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
p.(None): 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400
p.(None): of this title and Tables.
p.(None): The Elementary and Secondary Education Act of
p.(None): 1965, referred to in subsec. (c)(5)(D), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part
p.(None): A of title V of the Act is classified generally to part A (§ 7201 et seq.) of subchapter V of
p.(None): chapter 70 of this title. For complete classification of this Act to the Code, see Short Title
p.(None): note set out under section 6301 of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
p.(None): Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as
p.(None): a note under section 1221e–3 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 514(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
...
Social / Access to Social Goods
Searching for indicator access:
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p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
...
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
...
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p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
...
Social / Age
Searching for indicator age:
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p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
p.(None): The following activities require notifica- tion under this paragraph:
p.(None): (i) Activities involving the collection, disclosure, or use of personal information collected from
p.(None): students for the purpose of marketing or for selling that information (or otherwise providing that
p.(None): information to others for that purpose).
p.(None): (ii) The administration of any survey containing one or more items described in clauses (i)
p.(None): through (viii) of paragraph (1)(B).
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
...
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
...
Social / Child
Searching for indicator child:
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p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
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Searching for indicator children:
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p.(None): EFFECTIVE DATE OF 1992 AMENDMENT
p.(None): Section 1555(b) of Pub. L. 102–325 provided that: ‘‘The amendment made by this section [amending this
p.(None): sec- tion] shall take effect on the date of enactment of this Act [July 23, 1992].’’
p.(None): EFFECTIVE DATE OF 1979 AMENDMENT
p.(None): Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see section 8 of Pub. L. 96–46, set out as a note under
p.(None): sec- tion 930 of this title.
p.(None): EFFECTIVE DATE OF 1974 AMENDMENT
p.(None): Section 2(b) of Pub. L. 93–568 provided that: ‘‘The amendments made by subsection (a)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
...
Social / Property Ownership
Searching for indicator home:
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p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
p.(None): (Pub. L. 90–247, title IV, § 445, formerly § 439, as added Pub. L. 93–380, title V, § 514(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 95–561, title
...
Social / Religion
Searching for indicator religious:
(return to top)
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
...
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
...
Social / Soldier
Searching for indicator military:
(return to top)
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
...
Social / Student
Searching for indicator student:
(return to top)
p.(None): sec- tion] shall take effect on the date of enactment of this Act [July 23, 1992].’’
p.(None): EFFECTIVE DATE OF 1979 AMENDMENT
p.(None): Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see section 8 of Pub. L. 96–46, set out as a note under
p.(None): sec- tion 930 of this title.
p.(None): EFFECTIVE DATE OF 1974 AMENDMENT
p.(None): Section 2(b) of Pub. L. 93–568 provided that: ‘‘The amendments made by subsection (a)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
p.(None): The following activities require notifica- tion under this paragraph:
p.(None): (i) Activities involving the collection, disclosure, or use of personal information collected from
p.(None): students for the purpose of marketing or for selling that information (or otherwise providing that
p.(None): information to others for that purpose).
p.(None): (ii) The administration of any survey containing one or more items described in clauses (i)
p.(None): through (viii) of paragraph (1)(B).
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
p.(None): (Pub. L. 90–247, title IV, § 445, formerly § 439, as added Pub. L. 93–380, title V, § 514(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 95–561, title
p.(None): XII, § 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L.
p.(None): 103–227, title X, § 1017, Mar. 31, 1994, 108 Stat. 268;
p.(None): renumbered § 445, Pub. L. 103–382, title II,
p.(None): § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
p.(None): 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400
p.(None): of this title and Tables.
p.(None): The Elementary and Secondary Education Act of
p.(None): 1965, referred to in subsec. (c)(5)(D), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part
p.(None): A of title V of the Act is classified generally to part A (§ 7201 et seq.) of subchapter V of
p.(None): chapter 70 of this title. For complete classification of this Act to the Code, see Short Title
p.(None): note set out under section 6301 of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
...
p.(None): within a 60-day period (unless such period is extended by mutual consent of the Secretary and such
p.(None): agency) from the com- mencement of any deferral;
p.(None): (3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative
p.(None): law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge
p.(None): finds by a deci- sion that such hearing cannot be concluded or such decision cannot be rendered within
p.(None): such period, in which case such judge may extend such period for not to exceed 60 additional days;
p.(None): (4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary
p.(None): to a period not to exceed 15 days after the rendering of such decision unless there has been an
p.(None): express finding on such record that such agency has failed to comply with any such nondiscrimination
p.(None): provision of Federal law; and
p.(None): (5) procedures, which shall be established by the Secretary, to ensure the availability of
p.(None): sufficient funds, without regard to any fiscal year limitations, to comply with the decision of such judge.
p.(None): (c) Failure to comply with imposition of quotas
p.(None): It shall be unlawful for the Secretary to defer or limit any Federal financial assistance on the basis
p.(None): of any failure to comply with the imposi- tion of quotas (or any other numerical require- ments which
p.(None): have the effect of imposing quotas) on the student admission practices of an institu- tion of higher education or
p.(None): community college receiving Federal financial assistance.
p.(None): (Pub. L. 90–247, title IV, § 446, formerly § 440, as added Pub. L. 93–380, title V, § 515(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 94–482, title
p.(None): IV, §§ 407, 408, Oct. 12, 1976, 90 Stat. 2232, 2233; re-
p.(None): numbered § 446 and amended Pub. L. 103–382, title II, § 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)
p.(None): REFERENCES IN TEXT
p.(None): The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as
p.(None): amended. Title VI of the Civil Rights Act of 1964 is classified gen- erally to subchapter V (§ 2000d et seq.) of
p.(None): chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the
p.(None): Code, see Short Title note set out under section 2000a of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 446 of Pub. L. 90–247 was classified to section 1233e of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 1994—Subsec. (a). Pub. L. 103–382, § 212(b)(3)(C), made
p.(None): technical amendment to reference to section 1232g(b)(1)(D) of this title to reflect
p.(None): renumbering of cor- responding section of original act.
p.(None): 1976—Pub. L. 94–482 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
p.(None): EFFECTIVE DATE OF 1976 AMENDMENT
p.(None): Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise pro-
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
...
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
...
Social / education
Searching for indicator education:
(return to top)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): § 1232h
p.(None):
p.(None): TITLE 20—EDUCATION
p.(None):
p.(None): Page 834
p.(None):
p.(None):
p.(None): tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
p.(None): EFFECTIVE DATE OF 1992 AMENDMENT
p.(None): Section 1555(b) of Pub. L. 102–325 provided that: ‘‘The amendment made by this section [amending this
p.(None): sec- tion] shall take effect on the date of enactment of this Act [July 23, 1992].’’
p.(None): EFFECTIVE DATE OF 1979 AMENDMENT
p.(None): Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see section 8 of Pub. L. 96–46, set out as a note under
p.(None): sec- tion 930 of this title.
p.(None): EFFECTIVE DATE OF 1974 AMENDMENT
p.(None): Section 2(b) of Pub. L. 93–568 provided that: ‘‘The amendments made by subsection (a)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
...
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
...
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
...
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
p.(None): (Pub. L. 90–247, title IV, § 445, formerly § 439, as added Pub. L. 93–380, title V, § 514(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 95–561, title
p.(None): XII, § 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L.
p.(None): 103–227, title X, § 1017, Mar. 31, 1994, 108 Stat. 268;
p.(None): renumbered § 445, Pub. L. 103–382, title II,
p.(None): § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
p.(None): 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400
p.(None): of this title and Tables.
p.(None): The Elementary and Secondary Education Act of
p.(None): 1965, referred to in subsec. (c)(5)(D), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part
p.(None): A of title V of the Act is classified generally to part A (§ 7201 et seq.) of subchapter V of
p.(None): chapter 70 of this title. For complete classification of this Act to the Code, see Short Title
p.(None): note set out under section 6301 of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
p.(None): Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as
p.(None): a note under section 1221e–3 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 514(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
p.(None): sec-
p.(None):
p.(None): Page 837 TITLE 20—EDUCATION
p.(None): § 1232j
p.(None):
p.(None):
p.(None): tion] shall be effective upon enactment of this Act [Aug. 21, 1974].’’
p.(None): § 1232i. Limitations on withholding of Federal as- sistance
p.(None): (a) Refusal to supply personal data on students or families
p.(None): Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local edu-
p.(None): cational agency or institution of higher edu- cation, community college, school, agency offer- ing a
p.(None): preschool program, or other educational institution to provide personally identifiable data on students
p.(None): or their families, as a part of any applicable program, to any Federal office, agency, department, or other
p.(None): third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of
p.(None): students or their parents, shall not constitute sufficient grounds for the suspension or termination
p.(None): of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a
p.(None): refusal to consider, or a delay in the consider- ation of, funding for such a recipient in succeed- ing fiscal
p.(None): years. In the case of any dispute aris- ing under this section, reasonable notice and op- portunity for a
p.(None): hearing shall be afforded the ap- plicant.
p.(None): (b) Noncompliance with nondiscrimination pro- visions of Federal law
...
p.(None): agency) from the com- mencement of any deferral;
p.(None): (3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative
p.(None): law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge
p.(None): finds by a deci- sion that such hearing cannot be concluded or such decision cannot be rendered within
p.(None): such period, in which case such judge may extend such period for not to exceed 60 additional days;
p.(None): (4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary
p.(None): to a period not to exceed 15 days after the rendering of such decision unless there has been an
p.(None): express finding on such record that such agency has failed to comply with any such nondiscrimination
p.(None): provision of Federal law; and
p.(None): (5) procedures, which shall be established by the Secretary, to ensure the availability of
p.(None): sufficient funds, without regard to any fiscal year limitations, to comply with the decision of such judge.
p.(None): (c) Failure to comply with imposition of quotas
p.(None): It shall be unlawful for the Secretary to defer or limit any Federal financial assistance on the basis
p.(None): of any failure to comply with the imposi- tion of quotas (or any other numerical require- ments which
p.(None): have the effect of imposing quotas) on the student admission practices of an institu- tion of higher education or
p.(None): community college receiving Federal financial assistance.
p.(None): (Pub. L. 90–247, title IV, § 446, formerly § 440, as added Pub. L. 93–380, title V, § 515(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 94–482, title
p.(None): IV, §§ 407, 408, Oct. 12, 1976, 90 Stat. 2232, 2233; re-
p.(None): numbered § 446 and amended Pub. L. 103–382, title II, § 212(b)(1), (3)(C), Oct. 20, 1994, 108 Stat. 3913.)
p.(None): REFERENCES IN TEXT
p.(None): The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as
p.(None): amended. Title VI of the Civil Rights Act of 1964 is classified gen- erally to subchapter V (§ 2000d et seq.) of
p.(None): chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the
p.(None): Code, see Short Title note set out under section 2000a of this title and Tables.
p.(None): PRIOR PROVISIONS
p.(None): A prior section 446 of Pub. L. 90–247 was classified to section 1233e of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 1994—Subsec. (a). Pub. L. 103–382, § 212(b)(3)(C), made
p.(None): technical amendment to reference to section 1232g(b)(1)(D) of this title to reflect
p.(None): renumbering of cor- responding section of original act.
p.(None): 1976—Pub. L. 94–482 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
p.(None): EFFECTIVE DATE OF 1976 AMENDMENT
p.(None): Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise pro-
p.(None): vided or, if not so specifically otherwise provided, effec- tive July 1, 1976, for those amendments providing
p.(None): for authorization of appropriations, see section 532 of Pub.
p.(None): L. 94–482, set out as a note under section 1001 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 515(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
p.(None): sec- tion] shall be effective upon enactment of this Act [Aug. 21, 1974].’’
p.(None): § 1232j. Prohibition on federally sponsored test- ing
p.(None): (a) General prohibition
p.(None): Notwithstanding any other provision of Fed- eral law and except as provided in subsection (b) of this section,
p.(None): no funds provided to the Depart- ment of Education or to an applicable program, may be used to pilot
p.(None): test, field test, implement, administer or distribute in any way any feder- ally sponsored national test
p.(None): in reading, mathe- matics, or any other subject that is not specifi- cally and explicitly provided for
p.(None): in authorizing legislation enacted into law.
p.(None): (b) Exceptions
...
Searching for indicator educational:
(return to top)
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
...
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
p.(None): The following activities require notifica- tion under this paragraph:
p.(None): (i) Activities involving the collection, disclosure, or use of personal information collected from
p.(None): students for the purpose of marketing or for selling that information (or otherwise providing that
p.(None): information to others for that purpose).
p.(None): (ii) The administration of any survey containing one or more items described in clauses (i)
p.(None): through (viii) of paragraph (1)(B).
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
p.(None): (Pub. L. 90–247, title IV, § 445, formerly § 439, as added Pub. L. 93–380, title V, § 514(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 95–561, title
p.(None): XII, § 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L.
p.(None): 103–227, title X, § 1017, Mar. 31, 1994, 108 Stat. 268;
p.(None): renumbered § 445, Pub. L. 103–382, title II,
p.(None): § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
...
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
p.(None): Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as
p.(None): a note under section 1221e–3 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 514(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
p.(None): sec-
p.(None):
p.(None): Page 837 TITLE 20—EDUCATION
p.(None): § 1232j
p.(None):
p.(None):
p.(None): tion] shall be effective upon enactment of this Act [Aug. 21, 1974].’’
p.(None): § 1232i. Limitations on withholding of Federal as- sistance
p.(None): (a) Refusal to supply personal data on students or families
p.(None): Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local edu-
p.(None): cational agency or institution of higher edu- cation, community college, school, agency offer- ing a
p.(None): preschool program, or other educational institution to provide personally identifiable data on students
p.(None): or their families, as a part of any applicable program, to any Federal office, agency, department, or other
p.(None): third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of
p.(None): students or their parents, shall not constitute sufficient grounds for the suspension or termination
p.(None): of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a
p.(None): refusal to consider, or a delay in the consider- ation of, funding for such a recipient in succeed- ing fiscal
p.(None): years. In the case of any dispute aris- ing under this section, reasonable notice and op- portunity for a
p.(None): hearing shall be afforded the ap- plicant.
p.(None): (b) Noncompliance with nondiscrimination pro- visions of Federal law
p.(None): The extension of Federal financial assistance to a local educational agency may not be lim- ited,
p.(None): deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil
p.(None): Rights Act of 1964 [42 U.S.C. 2000d et seq.] or any other nondiscrimination provision of Federal law
p.(None): unless such agency is accorded the right of due process of law, which shall in- clude—
p.(None): (1) at least 30 days prior written notice of de- ferral to the agency, setting forth the particu- lar program or
p.(None): programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law;
p.(None): (2) the opportunity for a hearing on the record before a duly appointed administrative law judge
p.(None): within a 60-day period (unless such period is extended by mutual consent of the Secretary and such
p.(None): agency) from the com- mencement of any deferral;
p.(None): (3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative
p.(None): law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge
p.(None): finds by a deci- sion that such hearing cannot be concluded or such decision cannot be rendered within
p.(None): such period, in which case such judge may extend such period for not to exceed 60 additional days;
p.(None): (4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary
p.(None): to a period not to exceed 15 days after the rendering of such decision unless there has been an
p.(None): express finding on such record that such agency has failed to comply with any such nondiscrimination
...
Social / parents
Searching for indicator parent:
(return to top)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
p.(None): (i) Political affiliations or beliefs of the
p.(None): student or the student’s parent.
p.(None): (ii) Mental or psychological problems of the student or the student’s family.
p.(None): (iii) Sex behavior or attitudes.
p.(None): (iv) Illegal, anti-social, self-incriminat- ing, or demeaning behavior.
p.(None): (v) Critical appraisals of other individ-
p.(None): uals with whom respondents have close family relationships.
p.(None): (vi) Legally recognized privileged or
p.(None): analogous relationships, such as those of lawyers, physicians, and ministers.
p.(None): (vii) Religious practices, affiliations, or
p.(None): beliefs of the student or the student’s par- ent.
p.(None): (viii) Income (other than that required
p.(None): by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under
p.(None): such program).
p.(None): (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
p.(None): material used as part of the educational curriculum for the student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to instructional material within a reason- able period
p.(None): of time after the request is re- ceived.
p.(None): (D) The administration of physical exami-
p.(None): nations or screenings that the school or agency may administer to a student.
p.(None): (E) The collection, disclosure, or use of
p.(None): personal information collected from stu- dents for the purpose of marketing or for selling that
p.(None): information (or otherwise pro- viding that information to others for that purpose), including arrangements
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
p.(None): The following activities require notifica- tion under this paragraph:
p.(None): (i) Activities involving the collection, disclosure, or use of personal information collected from
p.(None): students for the purpose of marketing or for selling that information (or otherwise providing that
p.(None): information to others for that purpose).
p.(None): (ii) The administration of any survey containing one or more items described in clauses (i)
p.(None): through (viii) of paragraph (1)(B).
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
...
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
p.(None): materials in electronic or digital formats (such as materials acces- sible through the Internet). The term
p.(None): does not include academic tests or academic as- sessments.
p.(None): (B) Invasive physical examination
p.(None): The term ‘‘invasive physical examination’’ means any medical examination that in- volves the exposure of
p.(None): private body parts, or any act during such examination that in- cludes incision, insertion, or
p.(None): injection into the body, but does not include a hearing, vi- sion, or scoliosis screening.
p.(None): (C) Local educational agency
p.(None): The term ‘‘local educational agency’’ means an elementary school, secondary school, school
p.(None): district, or local board of edu- cation that is the recipient of funds under an applicable program, but does not
p.(None): include a postsecondary institution.
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
...
Searching for indicator parents:
(return to top)
p.(None):
p.(None): tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
p.(None): EFFECTIVE DATE OF 1992 AMENDMENT
p.(None): Section 1555(b) of Pub. L. 102–325 provided that: ‘‘The amendment made by this section [amending this
p.(None): sec- tion] shall take effect on the date of enactment of this Act [July 23, 1992].’’
p.(None): EFFECTIVE DATE OF 1979 AMENDMENT
p.(None): Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see section 8 of Pub. L. 96–46, set out as a note under
p.(None): sec- tion 930 of this title.
p.(None): EFFECTIVE DATE OF 1974 AMENDMENT
p.(None): Section 2(b) of Pub. L. 93–568 provided that: ‘‘The amendments made by subsection (a)
p.(None): [amending this section] shall be effective, and retroactive to, Novem- ber 19, 1974.’’
p.(None): EFFECTIVE DATE
p.(None): Section 513(b)(1) of Pub. L. 93–380 provided that: ‘‘The provisions of this section [enacting this section
p.(None): and provisions set out as a note under section 1221 of this title] shall become effective ninety days
p.(None): after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provisions
p.(None): Act [this section].’’
p.(None): § 1232h. Protection of pupil rights
p.(None): (a) Inspection of instructional materials by par- ents or guardians
p.(None): All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary
p.(None): material which will be used in connec- tion with any survey, analysis, or evaluation as part of any
p.(None): applicable program shall be avail- able for inspection by the parents or guardians of the children.
p.(None): (b) Limits on survey, analysis, or evaluations
p.(None): No student shall be required, as part of any ap- plicable program, to submit to a survey, analy- sis, or
p.(None): evaluation that reveals information con- cerning—
p.(None): (1) political affiliations or beliefs of the stu-
p.(None): dent or the student’s parent;
p.(None): (2) mental or psychological problems of the student or the student’s family;
p.(None): (3) sex behavior or attitudes;
p.(None): (4) illegal, anti-social, self-incriminating, or demeaning behavior;
p.(None): (5) critical appraisals of other individuals
p.(None): with whom respondents have close family rela- tionships;
p.(None): (6) legally recognized privileged or analogous
p.(None): relationships, such as those of lawyers, physi- cians, and ministers;
p.(None): (7) religious practices, affiliations, or beliefs
p.(None): of the student or student’s parent; or
p.(None): (8) income (other than that required by law to determine eligibility for participation in a program or
p.(None): for receiving financial assistance under such program),
p.(None): without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of
p.(None): an unemancipated minor, without the prior written consent of the parent.
p.(None): (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of
p.(None): certain physical ex- aminations to minors
p.(None): (1) Development and adoption of local policies
p.(None): Except as provided in subsections (a) and (b) of this section, a local educational agency
p.(None): that receives funds under any applicable pro- gram shall develop and adopt policies, in con- sultation
p.(None): with parents, regarding the follow- ing:
p.(None): (A)(i) The right of a parent of a student to
p.(None): inspect, upon the request of the parent, a survey created by a third party before the survey is
p.(None): administered or distributed by a school to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such survey within a reasonable period of time after the
p.(None): request is received.
p.(None): (B) Arrangements to protect student pri-
p.(None): vacy that are provided by the agency in the event of the administration or distribution of a survey to
p.(None): a student containing one or more of the following items (including the right of a parent of a
p.(None): student to inspect, upon the request of the parent, any survey containing one or more of such items):
...
p.(None): to protect student privacy that are provided by the agency in the event of such collection, dis-
p.(None): closure, or use.
p.(None): (F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
p.(None): used in the collection of personal information under subparagraph (E) before the instrument is administered
p.(None): or distrib- uted to a student; and
p.(None): (ii) any applicable procedures for granting
p.(None): a request by a parent for reasonable access to such instrument within a reasonable pe- riod of time after
p.(None): the request is received.
p.(None):
p.(None): Page 835 TITLE 20—EDUCATION
p.(None): § 1232h
p.(None):
p.(None):
p.(None): (2) Parental notification
p.(None): (A) Notification of policies
p.(None): The policies developed by a local edu- cational agency under paragraph (1) shall provide for
p.(None): reasonable notice of the adoption or continued use of such policies directly to the parents of students
p.(None): enrolled in schools served by that agency. At a minimum, the agency shall—
p.(None): (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable
p.(None): period of time after any substantive change in such policies; and
p.(None): (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i),
p.(None): in the case of a stu- dent of an appropriate age, the student) to opt the student out of participation in an
p.(None): activity described in subparagraph (C).
p.(None): (B) Notification of specific events
p.(None): The local educational agency shall di- rectly notify the parent of a student, at least annually
p.(None): at the beginning of the school year, of the specific or approximate dates during the school year when
p.(None): activities de- scribed in subparagraph (C) are scheduled, or expected to be scheduled.
p.(None): (C) Activities requiring notification
p.(None): The following activities require notifica- tion under this paragraph:
p.(None): (i) Activities involving the collection, disclosure, or use of personal information collected from
p.(None): students for the purpose of marketing or for selling that information (or otherwise providing that
p.(None): information to others for that purpose).
p.(None): (ii) The administration of any survey containing one or more items described in clauses (i)
p.(None): through (viii) of paragraph (1)(B).
p.(None): (iii) Any nonemergency, invasive phys- ical examination or screening that is—
p.(None): (I) required as a condition of attend- ance;
p.(None): (II) administered by the school and scheduled by the school in advance; and
p.(None): (III) not necessary to protect the im- mediate health and safety of the student, or of other students.
p.(None): (3) Existing policies
p.(None): A local educational agency need not develop and adopt new policies if the State edu- cational
p.(None): agency or local educational agency has in place, on January 8, 2002, policies cover- ing the requirements of
p.(None): paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and
p.(None): guardians of students, in accordance with paragraph (2).
p.(None): (4) Exceptions
p.(None): (A) Educational products or services
p.(None): Paragraph (1)(E) does not apply to the col- lection, disclosure, or use of personal infor- mation collected
p.(None): from students for the ex- clusive purpose of developing, evaluating, or providing educational products
p.(None): or services for, or to, students or educational institu- tions, such as the following:
p.(None): (i) College or other postsecondary edu- cation recruitment, or military recruit- ment.
p.(None): (ii) Book clubs, magazines, and programs providing access to low-cost literary prod- ucts.
p.(None): (iii) Curriculum and instructional mate- rials used by elementary schools and sec- ondary schools.
p.(None): (iv) Tests and assessments used by ele- mentary schools and secondary schools to provide cognitive,
p.(None): evaluative, diagnostic, clinical, aptitude, or achievement informa- tion about students (or to generate other
p.(None): statistically useful data for the purpose of securing such tests and assessments) and the subsequent
p.(None): analysis and public release of the aggregate data from such tests and assessments.
p.(None): (v) The sale by students of products or services to raise funds for school-related or education-related
p.(None): activities.
p.(None): (vi) Student recognition programs.
p.(None): (B) State law exception
p.(None): The provisions of this subsection—
p.(None): (i) shall not be construed to preempt ap- plicable provisions of State law that re- quire parental
p.(None): notification; and
p.(None): (ii) do not apply to any physical exam- ination or screening that is permitted or required by an
p.(None): applicable State law, in- cluding physical examinations or screen- ings that are permitted without
p.(None): parental notification.
p.(None): (5) General provisions
p.(None): (A) Rules of construction
p.(None): (i) This section does not supersede section 1232g of this title.
p.(None): (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accord- ance with the
p.(None): Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
p.(None): (B) Student rights
p.(None): The rights provided to parents under this section transfer to the student when the stu- dent turns 18 years old,
p.(None): or is an emancipated minor (under an applicable State law) at any age.
p.(None): (C) Information activities
p.(None): The Secretary shall annually inform each State educational agency and each local educational agency of
p.(None): the educational agen- cy’s obligations under this section and sec- tion 1232g of this title.
p.(None): (D) Funding
p.(None): A State educational agency or local edu- cational agency may use funds provided under part A of
p.(None): title V of the Elementary and Secondary Education Act of 1965 [20
p.(None): U.S.C. 7201 et seq.] to enhance parental in- volvement in areas affecting the in-school privacy of
p.(None): students.
p.(None): (6) Definitions
p.(None): As used in this subsection:
p.(None): (A) Instructional material
p.(None): The term ‘‘instructional material’’ means instructional content that is provided to a
p.(None):
p.(None): § 1232h
p.(None): TITLE 20—EDUCATION
p.(None): Page 836
p.(None):
p.(None):
p.(None): student, regardless of its format, including printed or representational materials, audio- visual materials, and
...
p.(None): (D) Parent
p.(None): The term ‘‘parent’’ includes a legal guard- ian or other person standing in loco parentis (such as a
p.(None): grandparent or stepparent with whom the child lives, or a person who is le- gally responsible for the
p.(None): welfare of the child).
p.(None): (E) Personal information
p.(None): The term ‘‘personal information’’ means individually identifiable information includ- ing—
p.(None): (i) a student or parent’s first and last name;
p.(None): (ii) a home or other physical address (in- cluding street name and the name of the city or town);
p.(None): (iii) a telephone number; or
p.(None): (iv) a Social Security identification number.
p.(None): (F) Student
p.(None): The term ‘‘student’’ means any elemen- tary school or secondary school student.
p.(None): (G) Survey
p.(None): The term ‘‘survey’’ includes an evaluation.
p.(None): (d) Notice
p.(None): Educational agencies and institutions shall give parents and students effective notice of their
p.(None): rights under this section.
p.(None): (e) Enforcement
p.(None): The Secretary shall take such action as the Secretary determines appropriate to enforce this
p.(None): section, except that action to terminate as- sistance provided under an applicable program shall be taken only
p.(None): if the Secretary determines that—
p.(None): (1) there has been a failure to comply with such section; and
p.(None): (2) compliance with such section cannot be secured by voluntary means.
p.(None): (f) Office and review board
p.(None): The Secretary shall establish or designate an office and review board within the Department of Education to
p.(None): investigate, process, review, and
p.(None): adjudicate violations of the rights established under this section.
p.(None): (Pub. L. 90–247, title IV, § 445, formerly § 439, as added Pub. L. 93–380, title V, § 514(a), Aug. 21,
p.(None): 1974, 88 Stat. 574; amended Pub. L. 95–561, title
p.(None): XII, § 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L.
p.(None): 103–227, title X, § 1017, Mar. 31, 1994, 108 Stat. 268;
p.(None): renumbered § 445, Pub. L. 103–382, title II,
p.(None): § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913; amended
p.(None): Pub. L. 107–110, title X, § 1061, Jan. 8, 2002, 115
p.(None): Stat. 2083.)
p.(None): REFERENCES IN TEXT
p.(None): The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5)(A)(ii), is title VI of
p.(None): Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§
...
p.(None): PRIOR PROVISIONS
p.(None): A prior section 445 of Pub. L. 90–247 was classified to section 1233d of this title prior to repeal
p.(None): by Pub. L. 103–382.
p.(None): AMENDMENTS
p.(None): 2002—Subsec. (b)(1) to (8). Pub. L. 107–110, § 1061(1),
p.(None): added pars. (1) to (8) and struck out former pars. (1) to
p.(None): (7) which read as follows:
p.(None): ‘‘(1) political affiliations;
p.(None): ‘‘(2) mental and psychological problems potentially embarrassing to the student or his family;
p.(None): ‘‘(3) sex behavior and attitudes;
p.(None): ‘‘(4) illegal, anti-social, self-incriminating and de- meaning behavior;
p.(None): ‘‘(5) critical appraisals of other individuals with
p.(None): whom respondents have close family relationships;
p.(None): ‘‘(6) legally recognized privileged or analogous rela- tionships, such as those of lawyers,
p.(None): physicians, and ministers; or
p.(None): ‘‘(7) income (other than that required by law to deter-
p.(None): mine eligibility for participation in a program or for receiving financial assistance under such program),’’.
p.(None): Subsec. (c) to (f). Pub. L. 107–110, § 1061(2), (3), added
p.(None): subsec. (c) and redesignated former subsecs. (c) to (e) as
p.(None): (d) to (f), respectively.
p.(None): 1994—Pub. L. 103–227 amended section generally, sub- stituting in subsec. (a), provisions relating to
p.(None): inspec- tion of instructional materials by parents or guardians for similar provisions, in subsec. (b),
p.(None): provisions relat- ing to limits on survey, analysis, or evaluations for provisions relating to psychiatric
p.(None): or psychological ex- aminations, testing, or treatment, and adding subsecs.
p.(None): (c) to (e).
p.(None): 1978—Pub. L. 95–561 designated existing provisions as subsec. (a) and added subsec. (b).
p.(None): EFFECTIVE DATE OF 2002 AMENDMENT
p.(None): Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive
p.(None): pro- grams and competitive programs, see section 5 of Pub.
p.(None): L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title.
p.(None): EFFECTIVE DATE OF 1978 AMENDMENT
p.(None): Amendment by Pub. L. 95–561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as
p.(None): a note under section 1221e–3 of this title.
p.(None): EFFECTIVE DATE
p.(None): Section 514(b) of Pub. L. 93–380 provided that: ‘‘The amendment made by subsection (a) [enacting this
p.(None): sec-
p.(None):
p.(None): Page 837 TITLE 20—EDUCATION
p.(None): § 1232j
p.(None):
p.(None):
p.(None): tion] shall be effective upon enactment of this Act [Aug. 21, 1974].’’
p.(None): § 1232i. Limitations on withholding of Federal as- sistance
p.(None): (a) Refusal to supply personal data on students or families
p.(None): Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local edu-
p.(None): cational agency or institution of higher edu- cation, community college, school, agency offer- ing a
p.(None): preschool program, or other educational institution to provide personally identifiable data on students
p.(None): or their families, as a part of any applicable program, to any Federal office, agency, department, or other
p.(None): third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of
p.(None): students or their parents, shall not constitute sufficient grounds for the suspension or termination
p.(None): of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a
p.(None): refusal to consider, or a delay in the consider- ation of, funding for such a recipient in succeed- ing fiscal
p.(None): years. In the case of any dispute aris- ing under this section, reasonable notice and op- portunity for a
p.(None): hearing shall be afforded the ap- plicant.
p.(None): (b) Noncompliance with nondiscrimination pro- visions of Federal law
p.(None): The extension of Federal financial assistance to a local educational agency may not be lim- ited,
p.(None): deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil
p.(None): Rights Act of 1964 [42 U.S.C. 2000d et seq.] or any other nondiscrimination provision of Federal law
p.(None): unless such agency is accorded the right of due process of law, which shall in- clude—
p.(None): (1) at least 30 days prior written notice of de- ferral to the agency, setting forth the particu- lar program or
p.(None): programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law;
p.(None): (2) the opportunity for a hearing on the record before a duly appointed administrative law judge
p.(None): within a 60-day period (unless such period is extended by mutual consent of the Secretary and such
p.(None): agency) from the com- mencement of any deferral;
p.(None): (3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| child | Child |
| children | Child |
| cognitive | Cognitive Impairment |
| education | education |
| educational | education |
| family | Motherhood/Family |
| home | Property Ownership |
| illegal | Illegal Activity |
| military | Soldier |
| minor | Youth/Minors |
| parent | parents |
| parents | parents |
| party | political affiliation |
| political | political affiliation |
| religious | Religion |
| student | Student |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| child | ['children'] |
| children | ['child'] |
| education | ['educational'] |
| educational | ['education'] |
| illegal | ['unlawful'] |
| parent | ['parents'] |
| parents | ['parent'] |
| party | ['political'] |
| political | ['party'] |
| unlawful | ['illegal'] |
Trigger Words
consent
developing
protect
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input