MOUNTAIN HOME SCHOOL DISTRICT NO. MOUNTAIN HOME, IDAHO 83647 PROCEDURES PROCEDURES FOR PROTECTION OF PUPIL RIGHTS ACT (PPAR), STUDENT PRIVACY, AND PARENTAL ACCESS TO INFORMATION DEFINITION OF TERMS 1. Parent Includes a natural parent, guardian, or an individual acting in the absence of a parent or a guardian, who is providing the student with food, clothing, discipline, and guidance on a day-today basis in the home environment. 2. Eligible Student or Appropriate Student A student who has attained 18 years of age, or is married, or is attending an institution or post-secondary education. 3. Instructional Material Instructional material that is provided to a student, regardless of format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). This does not include academic tests or academic assessments. 4. Protected Areas Surveys that contain questions about one or more of the eight protected areas, and are funded in whole or in part by Department funds, must obtain prior written consent from parents before students are required to submit to the survey. The eight protected areas are political affiliations or beliefs of the student or the student s parent(s); mental or psychological problems of the student or the student s family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; religious practices, affiliations, or beliefs of the student or student s parent(s); or income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program. 5. Invasive Physical Examination Any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening. 6. Personal Information Individually identifiable information including a student s or parent s first and last name; home or other physical address (including a street name and the name of a city or town); telephone number; or social security numbers. The Family Educational Rights and Privacy Act (FERPA) provides guidelines and allows certain personally identifiable and directory information be released. ANNUAL NOTIFICATION The PPRA requires that parents or eligible students be directly notified at least annually at the beginning of the school year of their right to consent or opt-out of participation in certain school activities, physical examinations or screenings that the school may administer to students, and the specific or approximate dates of each activity. Mountain Home School District (MHSD) will meet this requirement by publishing this notification on the school webpage, in the Mountain Home Newspaper, and through letters available during registration. Procedures PPRA 347a Mountain Home School District No.
1. MHSD will provide reasonable notice of revisions to the PPRA policy and procedure through the school district website, under Policy Revisions. 2. The notification will explain that for surveys that contain questions about one or more of the eight protected areas, and are funded in whole or in part by Department of Education funds, must obtain prior written consent and may not use an opt-out form from parents before students are required to submit to the survey. 3. MHSD will notify parents annually, at the beginning of the school year, via the local newspaper or published on the school district website, regarding surveys that contain questions from one or more of the eight protected areas, but are not funded in whole or part by Department of Education funds to include a third party survey with the specific or approximate dates during the school year when it will administer the survey(s) and provide an opportunity for the parent to opt his or her child out of participating. The PPRA governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight areas: 1. Political affiliations or beliefs of the student or the student s parent; 2. Mental and/or psychological problems of the student or the student s family, or potentially embarrassing to the student or the student s family; 3. Sex behavior and/or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of other individuals with whom respondents have close family relationships; 6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; 7. Religious practices, affiliations, or beliefs of the student or student s parent; or 8. Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program. Further, the PPRA addresses the collection and use of information from students for marketing purposes and certain non-emergency medical examinations. The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). These requirements do not supersede any of the requirements of FERPA. SPECIFIC NOTIFICATION The PPRA requires parents are provided an opportunity to opt his or her child out of participation in a specific event or survey. This notice might be included in the annual notice if MHSD has identified the specific or approximate dates of the activities or surveys. Thereafter, parents will be provided reasonable notification of the planned activities and surveys and be provided an opportunity to opt their child out, as well as an opportunity to review any pertinent surveys. PARENTS RIGHTS CONSENT OR OPT OUT Parents or eligible students and upon completion and submission of the Consent/Opt-out for Specific Activities Form will be provided the opportunity to opt their child out of participating in the following activities: 1. Events or activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing the information to others for these purposes, or distribution purposes; Procedures PPRA 347b Mountain Home School District No.
The requirements concerning activities involving the collection and disclosure of personal information from students for marketing purposes do not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluation, or providing educational products or services for or to students or educational institutions, such as the following: a. College or other postsecondary education recruitment, or military recruitment; b. Book clubs, magazines, and programs providing access to low-cost literary products; c. Curriculum and instructional materials used by elementary schools and secondary schools; d. Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students; e. The sale by students of products or services to raise funds for school-related or educationrelated activities; or f. Student recognition programs. Or as directed by FERPA g. To other school officials having legitimate educational interests; h. To a contractor, consultant, volunteer, or other party to whom the District has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party performs an institutional service or function for which the District would otherwise use employees; is under the direct control of the agency or institution with respect to the use and maintenance of education records; and is subject to the requirements of 99.33(a) governing the use and redisclosure of personally identifiable information from education records. (20 U.S.C. 1232g(b)(1)(D)) i. To officials of another school, school system, or institution of post-secondary education where the student seeks or intends to enroll or is enrolled; or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer. j. To state and local educational authorities; the Comptroller General of the United States; the Attorney General of the United States; the Secretary; State and local educational authorities. k. State and local officials or authorities to whom this information is specifically allowed to be reported or disclosed if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; l. In connection with financial aid for which the student has applied, or which the student has received; (20 U.S.C. 1232a(b)(1)(D) m. To an accrediting organization to carry out its accrediting function; n. To parents of a dependent student as defined by the Internal Revenue Code; o. To comply with a judicial order or lawfully issued subpoena, provided that the school district makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance so that the parent or eligible student may seek protective action. However, the prior notification requirement does not apply where the subpoena is issued by a federal grand jury or for any law enforcement purpose and the issuing court or agency has ordered that the subpoena not be disclosed; if the school district initiates legal action against a parent or student, the school district may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff; if a parent or eligible student initiates legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the school district to defend itself; p. To appropriate parties in connection with a health or safety emergency; q. State and local authorities, within a juvenile justice system, pursuant to specific State law; r. Information the school district has designated as directory information; s. To the parent of a student under 18, or to the student, if 18 or older; Procedures PPRA 347c Mountain Home School District No.
t. The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to MHSD # under 42 U.S.C. 14071 and applicable Federal guidelines. u. The school district, having received education records or information from education records, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that if the school district releases de-identified data does not disclose any information about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code; the record code is used for no purpose other than identifying a de-identified record for purposes of education research and cannot be used to ascertain personally identifiable information about a student; and the record code is not based on a student's social security number or other personal information. (20 U.S.C. 1232g(a)(5)(A), (b), (h), (i), (j)) v. MHSD # may disclose an education record of a student in attendance to another educational agency or institution if the student is enrolled in or receives services from the other agency or institution. (20 U.S.C. 1232g(b)(1)(B)) w. A party that receives a court order or lawfully issued subpoena and re-discloses personally identifiable information from education records on behalf of MHSD # in response to that order or subpoena under 99.31(a)(9) must provide the notification required under 99.31(a)(9)(ii). (20 U.S.C. 1232g(b)(4)(B)) x. To organizations conducting studies, developing tests, administering student aid programs, and improving instruction; the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information; 2. Any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and scheduled by the school in advance, and not necessary to protect the immediate health and safety of the student, or of other students; This law does not apply to any physical examination or screening that is permitted or required by state law, including physical examinations or screenings permitted without parental notification. 3. The administration of any survey containing one or more of the aforementioned list of eight protected areas of information and that is not funded in whole or in part by Department of Education funds to include and third party (non-department of Education funded) survey. If the survey is funded in whole or in part by Department of Education funds, MHSD must obtain active consent, and may not use an opt-out procedure, if the survey is funded in whole or in part with Department of Education funds. 4. The right to file a complaint with the U.S. Department of Education concerning alleged violations at: RIGHT TO INSPECT Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202-5901 Parents or eligible students, upon request, and prior to any administration or use have the right to review or inspect: Procedures PPRA 347d Mountain Home School District No.
1. The right to inspect, upon request, any a survey created by a third party before the survey is administered or distributed by a school to students; 2. The right to inspect, upon request, any instructional material used as part of the educational curriculum for students, as well as the district, and the procedure for granting a request by a parent for such access; 3. The right to inspect, upon request, any survey that concerns one or more of the eight protected areas; 4. The right to inspect, upon request, any instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes before the instrument is administered or distributed to a student; 5. The right to inspect any instrument used in the collection of information; 6. The right to inspect, upon request, any physical examinations, or screenings that the school may administer to students. This does not apply to academic tests or academic assessments. PROTECTION OF STUDENT PRIVACY MHSD will protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes, unless it contradicts The Family Educational Rights and Privacy Act (FERPA). 1. MHSD will protect student privacy in the event of the administration of a survey to students containing one or more of the eight protected items of information. 2. MHSD will protect student privacy in the collection, disclosure, or use of personal information (such as student s/parent s first and last name, address, telephone number, or social security number) collected from students for the purpose of marketing or selling, or otherwise providing the information to others for that purpose, unless authorized by FERPA. INVASIVE PHYSICAL EXAMINATION MHSD does not perform or allow the performance of invasive physical examinations with the exception of: FORMS a. MHSD staff administering insulin to diabetics or allowing the diabetic to self- administer insulin; b. MHSD staff administering medical assistance to students with special needs in accordance with the student s IEP. 1. Notice of Consent/Opt-Out Information 2. Consent and Opt-Out forms Forms should be available upon request in the administrative office of each school. If a parent or eligible student delivers a signed Consent or Opt-Out Form to the school, a copy must be filed in the student s permanent record. Procedures PPRA 347e Mountain Home School District No.
ADOPTED: April 18, 2006 Revised: November 18, 2008 Revised: April 17, 2012 Procedures PPRA 347f Mountain Home School District No.