Article 5
5146
6144.1
Policy
Elementary
and Secondary Students
Welfare
Student
Privacy Protection Policy
It is the
policy of Ashland-Greenwood Schools to develop and implement policies that
protect the privacy of students in accordance with applicable laws. The
District's policies in this regard include the following:
A. Right of Parents to Inspect Surveys Funded or
Administered by the United States Department of Education or Third Parties
Parents shall have the right to inspect, upon the parent's request,
a survey created by and administered by either the United States Department of
Education or a third party (a group or person other than the District) before
the survey is administered or distributed by the school to the parent's child.
B. Protection of Student Privacy in Regard to Surveys of
Matters Deemed to
Sensitive
The District will require, for any survey of students which
contain one or more matters deemed to be sensitive (see section headed "Definition
of Survevs of Matters Deemed to be Sensitive"), that suitable
arrangements be made to protect student privacy (that is, the name or other
identifying information about a particular student). For such surveys, the
District will also follow the procedures set forth in the section entitled:
"Notification of and Right to Opt-Out of Specific Events."
C. Right of Parents to Inspect Instructional Materials
Parents shall have the right to inspect, upon reasonable request,
any instructional material used as part of the educational curriculum for their
child. Reasonable requests for inspection of instructional materials shall be
granted within a reasonable period of time after the request is received.
Parents shall not have the right to access academic tests or academic
assessments, as such are not within the meaning of the term "instructional
materials" for purposes of this policy.
The procedures for making and granting a request to inspect
instructional materials are as follows: the parent shall make the request, with
reasonable specificity, directly to the building principal. The building
principal, within five school days, shall consult with the teacher or other
educator responsible for the curriculum materials. In the event the request can
be accommodated, the building principal shall make the materials available for
inspection or review by the parent, at such reasonable times and place as will
not interfere with the educator's intended use of the materials. In the event
there is a question as to the nature of the curriculum materials requested or
as to whether the materials are required to be provided, the building principal
shall notify the parent of such concern, and assist the parent with forming a
request which can reasonably be accommodated. If the parent does not formulate
such a request, and continues to desire certain curriculum materials, the
parent shall be asked to make their request to the Superintendent.
D. Rights of Parents to be Notified of and to Opt-Out of
Certain Physical Examinations or Screenings
The general policy and practice of the District is to not
administer physical examinations or screenings of students which require
advance notice or parent opt-out rights under the applicable federal laws, for
the reason that the physical examinations or screenings to be conducted by the
District will usually fit into one of the following exceptions: (1) hearing,
vision, or scoliosis screenings; (2) physical examinations or screenings that
are permitted or required by an applicable State law; and (3) surveys
administered to students in accordance with the Individuals with Disabilities
Education Act. For physical examinations or screenings which do not fit into
the applicable exceptions, the District will follow the procedures set forth in
the section entitled: "Notification of and Right to Opt-Out of Specific
Events."
E. Protection of Student Privacy in Regard to Personal
Information Collected from Students.
The general policy and practice of the District is to not engage
in the collection, disclosure, or use of personal information collected from
students for the purpose of marketing or for selling that information. The
District will make reasonable arrangements to protect student privacy to the
extent possible in the event of any such collection, disclosure, or use of
personal information.
"Personal information" for purposes of this policy means
individually identifiable information about a student including: (1) a student
or parent's first and last name, (2) home address, (3) telephone number, and
(4) social security number. The term "personal information," for
purposes of this policy, does not include information collected from students
for the exclusive purpose of developing, evaluating, or providing educational
products or services for, or to, students or educational institutions. This exception
includes the following examples: (i) college or postsecondary education
recruitment, or military recruitment; (ii) book clubs, magazines, and programs
providing access to low-cost literary products; (iii) curriculum and
instructional materials used by elementary schools and secondary schools; (iv)
tests and assessments used by elementary schools and secondary schools to
provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement
information about student, or to generate other statistically useful data for
the purpose of securing such tests and assessments, and the subsequent analysis
and public release of the aggregate date from such tests and assessments; (v)
the sale by student of products or services to raise funds for school-related
or education-related activities; (vi) student recognition programs.
F. Parent Access to Instruments used in the Collection of
Personal Information
While the general practice of the District is to not engage in the
collection, disclosure, or use of personal information collected from students
for the purpose of marketing or for selling that information, parents shall
have the right to inspect, upon reasonable request, any instrument which may be
administered or distributed to a student for such purposes. Reasonable Requests
for inspection shall be granted within a reasonable period of time after the
request is received.
The procedures for making and granting such a request are as
follows: the parent shall make the request, with reasonable specificity, directly
to the building principal and shall identify the specific act and the school
staff member or program responsible for the collection, disclosure, or use of
personal information from students for the purpose of marketing that
information. The building principal, within five school days, shall consult
with the school staff member or person responsible for the program which has
been reported by the parent to be responsible for the collection, disclosure,
or use of personal information from students. In the event such collection,
disclosure, or use of personal information is occurring or there is a plan for
such to occur, the building principal shall consult with the Superintendent for
determination of whether the action shall be allowed to continue. If not, the
instrument for the collection of personal information shall not be given to any
students. If it is to be allowed, such instrument shall be provided to the
requesting parent as soon as such instrument can be reasonably obtained.
Annual
Parental Notification of Student Privacy Protection Policy
The District
shall provide parents with reasonable notice of the adoption or continued use
of this policy and other policies related to the student privacy. Such notice
shall be given to parents of students enrolled in the District at least
annually, at the beginning of the school year, and within a reasonable period
of time after any substantive change in such polices.
Notification
to Parents of Dates of and Right to 0pt-Out of Specific Events
The District
shall directly notify the parents of the affected children, at least annually
at the beginning of the school year, of the specific or approximate dates
during the school year when any of the following activities are scheduled, or
are expected to be scheduled:
1. The collection, disclosure, or use of personal information
collected from students for the purpose of marketing or for selling that
information. (Note: the general practice of the District is to not engage in
the collection, disclosure, or use of personal information collected from
students for the purpose of marketing or for selling that information);
2. Surveys of students involving one or more matters deemed to be
sensitive in accordance with the law and this policy; and
3. 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, (Note: the general
practice of the District is to not engage in physical examinations or
screenings which require advance notice, for the reason that the physical
examinations or screenings to be conducted by the District will usually fit
into one of the following exceptions to the advance notice requirement and
parent opt-out right: (1) hearing, vision, or scoliosis screenings; (2)
physical examinations or screenings that are permitted or required by an
applicable State law, and (3) surveys administered to students in accordance
with the Individuals with Disabilities Education Act).
Parents shall
be offered an opportunity in advance to opt their child out of participation in
any of the above listed activities. In the case of a student of an appropriate
age {that is, a student who has reached the age of 18, or a legally emancipated
student), the notice and opt-out right shall belong to the student.
Definition
of Surveys of Matters Deemed to be Sensitive
Any survey
containing one or more of the following matters shall be deemed to be
"sensitive" for purposes of this policy:
1. political
affiliations or beliefs of the student or the student's parent;
2. mental
or psychological problems of the student or the student's parent;
3. sex
behavior or attitudes;
4. illegal,
anti-social, self-incriminating or demeaning behavior;
5.
critical
appraisals of other individuals with whom the student has close family
relationships;
6.
legally
recognized privileged or analogous relationships, such as those of lawyers,
physicians, and ministers; or
7.
Religious
practices, affiliations, or beliefs of the students or the student's parent;
8.
income
(other than that required by law to determine eligibility for participation in
a program or for receiving financial assistance under such program)
Adopted:
February 17, 2003
Legal Authorities: No Child Left Behind Act of 2001,
section 1061; Protection of, Pupil Privacy Amendment (sometimes referred to as
the "Hatch Act" the "Grassley Amendment" or the
"Tiahrt Amendment"), 20 U.S.C. § 1232h and 34 CFR Part 98;
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g;
Neb. Rev. Stat. §§ 79-530 to 79-533