Students
Board Policy No. 5022
Policy adopted:  October 4, 2012

STUDENT AND FAMILY PRIVACY RIGHTS

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. 5125 - Student Records)

(cf. 5125.1 - Release of Directory Information)

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 of the procedures. (20 USC 1232h)

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