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AA441 – Privacy Rights—Students and Family

  • Effective: 8/8/2000
  • Revision: 5/22/2012
  • Reviewed: 12/10/2013

  1. Board Directive
    The Board recognizes that students and families have certain privacy rights guaranteed under state and federal law.  Therefore, the Board directs the District Administration to develop policy which assures compliance with privacy requirements when certain information is obtained as part of a student's individual testing or evaluation program or as part of the general curriculum or school activity program.
  2. Administrative Policy
    This policy shall be administered according to federal and state Family Education Rights and Privacy Act (FERPA) laws and in accordance with the following administrative policy provisions:

    1. Prior written parental or legal guardian consent shall be obtained before students are asked to complete writing assignments, answer questions, complete questionnaires, or take psychological or psychiatric examinations, tests, or treatments which reveal any of the following information, whether the information is personally identifiable or not, about the student or the student's family:
      1. Political affiliations or beliefs of the student or of the student’s parent or guardian, except as provided under the Utah Education Code or rules of the State Board of Education, political philosophies
      2. Mental or psychological problems of the student or student’s family
      3. Sexual behavior or attitudes
      4. Illegal, anti-social, self-incriminating, or demeaning behavior
      5. Critical appraisals of others with whom the student or family member has close family relationship
      6. Religious practices, affiliations or beliefs of the student or parents
      7. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers
      8. Income, other than as required by law to determine program eligibility
    2. Prior written consent under section A. is required in all grades, kindergarten through grade 12.  The prohibitions under section A. shall also apply within the curriculum and other school activities unless prior written consent of the student's parent or legal guardian has been obtained.
    3. Written parental consent is valid only if a parent or legal guardian has been given written notice first, including notice that a copy of the educational or student survey questions to be asked in obtaining the desired information is made available at the school, and a reasonable opportunity for parents or legal guardians to obtain written information concerning:
      1. Records or information, including information about relationships, that may be examined or requested
      2. The means by which the records or information shall be examined or reviewed
      3. The means by which the information is to be obtained
      4. The purposes for which the records or information are needed
      5. The entities or persons, regardless of affiliation, who will have access to the personally identifiable information
      6. A method by which a parent of a student can grant permission to access or examine the personally identifiable information
    4. Except in response to a situation which a school employee reasonably believes to be an emergency, or as authorized under Utah Code 62A-4a-403, Child Abuse or Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be given at least two weeks before information protected under this policy is sought.
    5. Following disclosure, a parent or guardian may waive the two-week minimum notification period
    6. Unless otherwise agreed to by a student's parent or legal guardian and the person requesting written consent, the authorization is valid only for the activity for which it was granted
    7. A written withdrawal of authorization submitted to the school principal by the authorizing parent or guardian terminates the authorization
    8. A general consent used to approve admission to school or involvement in special education, remedial education, or a school activity does not constitute written consent under this policy
    9. This policy does not limit the ability of a student under the Utah Education Code to spontaneously express sentiments or opinions otherwise protected against disclosure under this policy
    10. If a school employee or agent believes that a situation exists which presents a serious threat to the well-being of a student, that employee or agent shall notify the student's parent or guardian without delay.  If, however, the matter has been reported to the Division of Child and Family Services within the Department of Human Services, it is the responsibility of the division to notify the student's parent or guardian of any possible investigation prior to the student's return home from school.
    11. District employees violating the provisions of this policy are subject to reprimand and possible adverse employment action, including probation or termination under the District's Orderly Termination policy (see policies DP316 NEG, DP316A NEG, DP316B NEG).