Descriptor Code: GCC
Protection of Pupil Rights Amendment & Third-Party Research on Students
Surveys and educational studies can serve as a valuable tool for determining student needs and developing educational services.
Because of the possibility of a large number of outside requests to conduct surveys and research studies, the Superintendent shall only bring to the Board for approval1 requests that at least meet the following criteria:
1. The study/survey is conducted for the purpose of improving the education or general welfare of students.
2. The party proposing the study/survey has a purpose and mission that is in keeping with the district’s mission, goals, and objectives.
3. The study/survey proposal is sufficient in scope and depth to justify the use of the time and effort of district students and staff.
4. The party conducting and study/survey will provide a copy of the survey instrument and/or any instructional material that will be used including, but not limited to: textbooks, teachers’ manuals, films, software, and/or other supplementary material. Such material must be provided prior to the initiation of the survey/study and in a timely manner, allowing the Superintendent and other relevant school officials ample opportunity to review such material, bring approval recommendations to the Board, and comply with any applicable parental notification and consent requirements under the Protection of Pupil rights Amendment (PPRA) if the survey concerns a protected area or is for marketing purposes.2
5. Neither the study/survey nor its findings are reasonably predicted to exploit or compromise the safety of district students and staff.
6. The party conducting the study/survey agrees to provide a copy of the outcome/results to the District within a reasonable time after the study/survey’s completion.
Before recommending to the Board for approval a study/survey, the Superintendent shall also take into account the amount of instructional time the survey/study will consume, if it will unduly disrupt the educational environment, the level of supervision the District will have to provide to third parties conducting the survey/study, the amount of protected/confidential information that will be gathered, and whether or not the agency conducting the survey/study has developed appropriate safeguards for collection, protection, disclosure, and use of protected/confidential information.
Teachers may use surveys in classes to determine student knowledge and/or attitudes prior to teaching [provided that administrative approval has been given and] provided that responses will not be used in a manner that would breach student confidentiality requirements under law and/or district policy.
Protection of Pupil Rights Amendment (PPRA)
The District shall comply with PPRA, which affords parents specific rights with relation to conducting surveys, collecting and using student information for marketing purposes, and conducting certain physical exams.
Under PPRA, parents are afforded the following rights:
1. Receive advance notice of any survey related to a protected area3 and an opportunity to opt in their child if the survey is funded by the U.S. Department of Education (ED) or opt out their child if the survey is not funded by ED.
2. Receive advance notice of any survey that will be used for marketing purposes and an opportunity to opt out their child.
3. Upon request, inspect a survey created by a third party or a survey that will be used for marketing purposes before the survey is administered or distributed by a school to a student; parents must file such requests with the building principal, and the building principal or designee will mail, email, or arrange for a parent to inspect the survey at school within a reasonable timeframe after receiving the request.
4. Upon request, inspect any instructional material used as part of the educational curriculum for his/her child; parents must file such requests with the building principal, and the building principal or designee will mail, email, or arrange for a parent to inspect the instructional material at school within a reasonable timeframe after receiving the request.
5. Receive advance notice of any nonemergency physical exam and an opportunity to opt out except when the physical exam is required by law.
Whenever administering or overseeing a survey or physical exam of students, the District will comply with student confidentiality requirements in law and applicable district policy.
Complementing NDSBA Templates (may contain items not adopted by the Board)
ï FGA, Student Education Records & Privacy
ï GAAA, Curriculum Design & Evaluation
ï GCC-E, Model Notification of Rights Under the Protection of Pupil Rights Amendment
1See NDCC 15.1-07-25.3
2Protected areas are as follows:
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or student’s parent; or
8. Income, other than as required by law to determine program eligibility.
Complementing NDSBA Templates (may contain items not adopted by the Board)
ï FGA, Student Education Records & Privacy
ï GAAA, Curriculum Design & Evaluation
ï GCC-E, Model Notification of Rights Under the Protection of Pupil Rights Amendment
Parental consent requirements: If a survey on a protected area is funded in whole or in part by a program of the U.S. Department of Education (ED), parental consent is required for students to participate. If a survey relates to a protected area and is funded by a source other than ED or if a survey on any topic is conducted for marketing purposes, schools must provide parents with advance notice of the survey and an opportunity to opt out.
Adopted: November 2016
Protection of Pupil Rights Amendment & Third-Party Research on Students
Surveys and educational studies can serve as a valuable tool for determining student needs and developing educational services.
Because of the possibility of a large number of outside requests to conduct surveys and research studies, the Superintendent shall only bring to the Board for approval1 requests that at least meet the following criteria:
1. The study/survey is conducted for the purpose of improving the education or general welfare of students.
2. The party proposing the study/survey has a purpose and mission that is in keeping with the district’s mission, goals, and objectives.
3. The study/survey proposal is sufficient in scope and depth to justify the use of the time and effort of district students and staff.
4. The party conducting and study/survey will provide a copy of the survey instrument and/or any instructional material that will be used including, but not limited to: textbooks, teachers’ manuals, films, software, and/or other supplementary material. Such material must be provided prior to the initiation of the survey/study and in a timely manner, allowing the Superintendent and other relevant school officials ample opportunity to review such material, bring approval recommendations to the Board, and comply with any applicable parental notification and consent requirements under the Protection of Pupil rights Amendment (PPRA) if the survey concerns a protected area or is for marketing purposes.2
5. Neither the study/survey nor its findings are reasonably predicted to exploit or compromise the safety of district students and staff.
6. The party conducting the study/survey agrees to provide a copy of the outcome/results to the District within a reasonable time after the study/survey’s completion.
Before recommending to the Board for approval a study/survey, the Superintendent shall also take into account the amount of instructional time the survey/study will consume, if it will unduly disrupt the educational environment, the level of supervision the District will have to provide to third parties conducting the survey/study, the amount of protected/confidential information that will be gathered, and whether or not the agency conducting the survey/study has developed appropriate safeguards for collection, protection, disclosure, and use of protected/confidential information.
Teachers may use surveys in classes to determine student knowledge and/or attitudes prior to teaching [provided that administrative approval has been given and] provided that responses will not be used in a manner that would breach student confidentiality requirements under law and/or district policy.
Protection of Pupil Rights Amendment (PPRA)
The District shall comply with PPRA, which affords parents specific rights with relation to conducting surveys, collecting and using student information for marketing purposes, and conducting certain physical exams.
Under PPRA, parents are afforded the following rights:
1. Receive advance notice of any survey related to a protected area3 and an opportunity to opt in their child if the survey is funded by the U.S. Department of Education (ED) or opt out their child if the survey is not funded by ED.
2. Receive advance notice of any survey that will be used for marketing purposes and an opportunity to opt out their child.
3. Upon request, inspect a survey created by a third party or a survey that will be used for marketing purposes before the survey is administered or distributed by a school to a student; parents must file such requests with the building principal, and the building principal or designee will mail, email, or arrange for a parent to inspect the survey at school within a reasonable timeframe after receiving the request.
4. Upon request, inspect any instructional material used as part of the educational curriculum for his/her child; parents must file such requests with the building principal, and the building principal or designee will mail, email, or arrange for a parent to inspect the instructional material at school within a reasonable timeframe after receiving the request.
5. Receive advance notice of any nonemergency physical exam and an opportunity to opt out except when the physical exam is required by law.
Whenever administering or overseeing a survey or physical exam of students, the District will comply with student confidentiality requirements in law and applicable district policy.
Complementing NDSBA Templates (may contain items not adopted by the Board)
ï FGA, Student Education Records & Privacy
ï GAAA, Curriculum Design & Evaluation
ï GCC-E, Model Notification of Rights Under the Protection of Pupil Rights Amendment
1See NDCC 15.1-07-25.3
2Protected areas are as follows:
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or student’s parent; or
8. Income, other than as required by law to determine program eligibility.
Complementing NDSBA Templates (may contain items not adopted by the Board)
ï FGA, Student Education Records & Privacy
ï GAAA, Curriculum Design & Evaluation
ï GCC-E, Model Notification of Rights Under the Protection of Pupil Rights Amendment
Parental consent requirements: If a survey on a protected area is funded in whole or in part by a program of the U.S. Department of Education (ED), parental consent is required for students to participate. If a survey relates to a protected area and is funded by a source other than ED or if a survey on any topic is conducted for marketing purposes, schools must provide parents with advance notice of the survey and an opportunity to opt out.
Adopted: November 2016