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ILD - Student Surveys and Marketing Information

From time to time, the Falmouth School Department may administer surveys to students in the course of developing and evaluating programs and services offered in the schools. The School Department will comply with the federal Protection of Pupil Rights Act and applicable regulations concerning the administration of surveys and the use of personal information about students for marketing purposes as outlined in this policy.

Parental Consent to Surveys
No student shall be required to participate in a survey receiving funding under U.S. Department of Education programs that reveals the following information without prior notice to and the written consent of parents/guardians:

  • Political affiliations or beliefs of the student or the student’s parent;

  • 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 the student’s parent; or

  • Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

In the case of surveys not funded under U.S. Department of Education programs, that reveal the information listed above, parents/guardians will receive prior notice of the survey and their right to opt-out. Parents/guardians may request that their child not participate in a particular survey by submitting a written request to the building administrator within ten days of receiving the notice.

Notice to Parents Regarding Surveys
This policy will be posted on the district’s website, included in the student handbook and available at the superintendent’s office. If surveys are scheduled shortly after the start of the school year, parents/guardians will be provided with reasonable notice before the survey is administered.

Procedure for Inspection of Surveys/Instructional Materials
Parents/guardians have the right to inspect any survey created by a third party before it is distributed or administered to students. Parents may also inspect any instructional materials, including teacher’s manuals, films, tapes, or other supplementary material to be used in connection with any survey.

Parents/guardians may request to inspect surveys or related instructional materials by submitting a request in writing to the building administrator within ten days of receiving notice that a survey is to be administered. The building administrator shall make arrangements for the parent/guardian to inspect the survey and/or materials within a reasonable time prior to the scheduled date for the survey.

Use of Student Personal Information for Marketing Purposes
The Falmouth School Department does not collect, use or disseminate personal information about students for marketing or commercial purposes.

This policy does not prevent the collection, use or dissemination of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for or to students or educational institutions (including but not limited to tests and assessments, student recognition programs and book clubs or magazines).

Protection of Student Privacy
The Superintendent shall be responsible for ensuring that appropriate measures are taken to ensure that student privacy is protected when surveys are administered or personal information about student is collected and disclosed. The Superintendent shall ensure that all surveys administered by students and/or student groups shall not reveal potentially personally identifiable information.

Students Over 18/Emancipated Students
In the case of emancipated students or students over the age of 18, the parent/guardian rights described in this policy transfer to the student.

The United States Department of Education maintains an office that handles complaints about alleged violations of the Protection of Pupil Rights Amendment by local school units. Complaints regarding violations may be submitted in writing to:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202-4605

Legal References: 20 U.S.C. § 6361 (No Child Left Behind Act)
20 U.S.C. § 1232h; 34 C.F.R. Part 98 (Protection of Pupil Rights Amendment 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (Family Educational Rights and Privacy Act)

Cross References: JRA – Student Education Records and Information

Adopted: October 18, 2010