OVERVIEW
Preliminary Overview of Programs and Changes Included in the No Child Left Behind Act of 2001
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Protection of Pupil Rights
(Title X, Part F, amending Section 445 of the General Education Provisions Act)

Overview

The Act amends section 445 of the General Education Provisions Act (Protection of Pupil Rights) by adding new provisions relating to student privacy, parental access to information, and the administration of physical exams to students who are minors.

Description

As amended, section 445 requires each LEA that receives funds under any program administered by the Department of Education to adopt policies on the following:

  • Permitting parents to inspect any third-party surveys of students before they are administered, including policies to protect student privacy if the survey delves into certain sensitive subjects identified in the law.

  • Permitting parents to inspect any instructional material used in the curriculum.

  • The administration of any physical examinations or screenings the school may administer.

  • The collection and use of personal information collected from students for the purpose of marketing that information (except for the purpose of developing educational products or services).

In addition to adopting these policies, each LEA must notify parents, at least annually at the beginning of the school year, about the content of these policies. The notice must also explain that parents have the right to "opt the student out of participation" in the following activities (and identify when during the school year they are scheduled to occur):

  • The collection or use of personal information gathered from students for the purpose of marketing that information (except for the development of educational products or services).

  • The administration of any survey that delves into the sensitive subjects identified in the law.

  • The administration of any non-emergency, invasive physical examination or screening that is not otherwise permitted or required by State law, including those without parental notification.


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Last Modified: 01/19/2005