Collection of Personal Information for Marketing or Sale
Personal information for marketing or sale means individually identifiable information, including a student's or parent/guardian's first and last name, home or other physical address (including street name and the name of the city or town), telephone number, or social security identification number. (20 USC 1232h)
District staff shall not administer or distribute to students any survey instrument that is designed for the purpose of collecting personal information for marketing or sale.
Requirements regarding the collection of personal information for marketing or sale shall not apply to the collection, disclosure, or use of personal information collected from students for the purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following: (20 USC 1232h)
1. College or other postsecondary education recruitment or military recruitment
2. Book clubs, magazines, and programs providing access to low-cost literary products
3. Curriculum and instructional materials used by elementary and secondary schools
4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (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 data from such tests and assessments
(cf. 6162.51 - Standardized Testing and Reporting Program)
5. The sale by students of products or services to raise funds for school-related or education-related activities
(cf. 1321 - Solicitation of Funds from and by Students)
6. Student recognition programs
(cf. 5126 - Awards for Achievement)
Surveys Requesting Information about Beliefs and Practices
A student's parent/guardian shall provide prior written consent before the student is required to participate in a survey inquiring about one or more of the following: (Education Code 51513; 20 USC 1232h)
1. Political affiliations or beliefs of the student or his/her parent/guardian
2. Mental or psychological problems of the student or his/her family
3. Sexual behavior or attitudes or personal beliefs and practices in family life or morality
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, or ministers
7. Religious practices, affiliations, or beliefs of the student or his/her parent/guardian
8. Income, except to the extent that income is required to be disclosed by law for participation in a program or for receiving financial assistance under such a program
(cf. 3553 - Free and Reduced Price Meals)
(cf. 5148 - Child Care and Development)
Notwithstanding the above requirements, the district may administer to students in grades 7-8 anonymous, voluntary, and confidential research and evaluation tools to measure student health risks and behaviors, including tests and surveys about student attitudes or practices related to sex as long as parents/guardians are provided written notice and given an opportunity to request, in writing, that their child not participate. (Education Code 51938)
If a student participates in a survey requesting information about beliefs and practices as identified above, school officials and staff members shall not request or disclose the student's identity.
(cf. 6162.8 - Research)
Parent/Guardian Access to Surveys and Instructional Materials
The parent/guardian of any district student, upon his/her request, shall have the right to inspect: (Education Code 51938; 20 USC 1232h)
1. A survey or other instrument to be administered or distributed to his/her child that either collects personal information for marketing or sale or requests information about beliefs and practices
2. Any instructional material to be used as part of his/her child's educational curriculum
(cf. 5020 - Parent Rights and Responsibilities)
Within a reasonable period of time after receiving a parent/guardian's request, the principal or designee shall permit the parent/guardian to view the survey or other document he/she requested. A parent/guardian may view the document any time during normal business hours.
No student shall be subject to penalty for his/her parent/guardian's exercise of any of the rights stated above.
Notifications
At the beginning of the school year, the Superintendent or designee shall notify parents/guardians of: (20 USC 1232h)
1. The district's policy regarding student privacy
2. The process to opt their children out of participation in any activity described in this policy and administrative regulation
3. The specific or approximate dates during the school year when the following activities are scheduled:
a. Survey requesting personal information
b. Physical examinations or screenings
No student shall be subject to any nonemergency, invasive physical examination without prior written notice to his/her parent/guardian.
c. Collection of personal information from students for marketing or sale
Prior to administering any anonymous and voluntary survey regarding health risks and behaviors to students in grades 7-8, the district shall provide parents/guardians with written notice that the survey is to be administered. (Education Code 51938)
Parents/guardians shall also be notified of any substantive change to this policy and administrative regulation within a reasonable period of time after adoption of the change. (20 USC 1232h)
(cf. 5145.6 - Parental Notifications)
Regulation SAN CARLOS ELEMENTARY SCHOOL DISTRICT
approved: January 16, 2014 San Carlos, California