20 U.S.C. § 1232h: Protection of pupil rights

All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children. 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 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), The right of a parent of a student to inspect, upon the request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student; and any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received. 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. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student; and any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reasonable period of time after the request is received. The administration of physical examinations or screenings that the school or agency may administer to a student. The collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), including arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure, or use. The right of a parent of a student to inspect, upon the request of the parent, any instrument used in the collection of personal information under subparagraph (E) before the instrument is administered or distributed to a student; and any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received. provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in such policies; and offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i), in the case of a student of an appropriate age, the student) to opt the student out of participation in an activity described in subparagraph (C). The local educational agency shall directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities described in subparagraph (C) are scheduled, or expected to be scheduled. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose). The administration of any survey containing one or more items described in clauses (i) through (viii) of paragraph (1)(B). 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. A local educational agency need not develop and adopt new policies if the State educational agency or local educational agency has in place, on January 8, 2002 , policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and guardians of students, in accordance with paragraph (2). College or other postsecondary education recruitment, or military recruitment. Book clubs, magazines, and programs providing access to low-cost literary products. Curriculum and instructional materials used by elementary schools and secondary schools. Tests and assessments used by elementary schools and secondary schools 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. The sale by students of products or services to raise funds for school-related or education-related activities. Student recognition programs. shall not be construed to preempt applicable provisions of State law that require parental notification; and do not apply to any physical examination or screening that is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification. This section does not supersede section 1232g of this title . Paragraph (1)(D) does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.). The rights provided to parents under this section transfer to the student when the student turns 18 years old, or is an emancipated minor (under an applicable State law) at any age. The Secretary shall annually inform each State educational agency and each local educational agency of the educational agency’s obligations under this section and section 1232g of this title . A State educational agency or local educational agency may use funds provided under part A of title IV of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7101 et seq.] to enhance parental involvement in areas affecting the in-school privacy of students. The term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments. The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening. The term “local educational agency” means an elementary school, secondary school, school district, or local board of education that is the recipient of funds under an applicable program, but does not include a postsecondary institution. The term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child). a student or parent’s first and last name; a home or other physical address (including street name and the name of the city or town); a telephone number; or a Social Security identification number. The term “student” means any elementary school or secondary school student. The term “survey” includes an evaluation. Educational agencies and institutions shall give parents and students effective notice of their rights under this section. there has been a failure to comply with such section; and compliance with such section cannot be secured by voluntary means. The Secretary shall establish or designate an office and review board within the Department of Education to investigate, process, review, and adjudicate violations of the rights established under this section.