The Governing Board respects the rights of district students and their parents/guardians with regard to the privacy of their personal beliefs and the confidentiality of their personal information. The Superintendent or designee shall develop regulations to ensure compliance with law when the district requests, retains, discloses, or otherwise uses the personal information of its students and their families.
(cf. 5020 - Parent Rights and Responsibilities)
(cf. 5021 - Noncustodial Parents)
(cf. 5125 - Student Records)
(cf. 5125.1 - Release of Directory Information)
(cf. 6162.8 - Research)
The regulations shall, at a minimum, address the following: (20 USC 1232h)
1. Whether the district may collect the personal information of students for marketing or sale
2. How the district will administer surveys that may request information about the personal beliefs and practices of students and their families
3. The rights of parents/guardians to inspect:
a. Survey instruments requesting information about their personal beliefs and practices or those of their children
b. Instructional materials used as part of their children's educational curriculum
4. Whether the district may administer any nonemergency invasive physical examination or screening
5. Notifications that the district will provide to students and parents/guardians with respect to their privacy rights
The Superintendent or designee shall consult with parents/guardians regarding the development and adoption of this policy. (20 USC 1232h)
(cf. 0420 - School Plans/Site Councils)
(cf. 1220 - Citizen Advisory Committee)
(cf. 1230 - School-Connected Organizations)
Collection of Personal Information for Marketing Purposes
The Board prohibits district staff from administering or distributing to students survey instruments that are designed for the purpose of collecting personal information for marketing or for selling that information.
Legal Reference:
EDUCATION CODE
49450-49458 Physical examinations
49602 Confidentiality of personal information received during counseling
51101 Parents Rights Act of 2002
51513 Test, questionnaire, survey, or examination concerning personal beliefs
51938 Sexual Health and HIV/AIDS Prevention Education Act; notice and parental excuse
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1232h Protection of pupil rights
Management Resources:
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
U.S. Department of Education, Family Policy Compliance Office: http://www.ed.gov/offices/OM/fpco
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 13, 2011 Costa Mesa, California