- Survey, analysis or evaluation of students
Survey, analysis or evaluation for which consent is required
Except as otherwise required by law, students shall not be required to submit to a survey, assessment, analysis, or evaluation related to curriculum or other school activities that is intended to reveal information, whether the information is personally identifiable or not, concerning the student, without prior written consent of the parent/guardian or eligible student, if that survey, assessment, analysis, or evaluation reveals information concerning the following areas ("protected information"):
- political affiliations or beliefs of the student or the student's parent/guardian
- mental or psychological conditions potentially embarrassing to the student or the student's family
- sexual behavior or attitudes
- illegal, anti-social, self-incriminating and demeaning behavior
- critical appraisals of other individuals with whom the student has a close family relationship
- legally recognized privileged or analogous relationships, such as those with lawyers, physicians and ministers
- income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)
- religious practices, affiliations or beliefs of the student or the student's parents/guardian
- social security number
- records or information that may be examined and required in the survey, assessment, analysis or evaluation
- the means by which the records or information is to be obtained
- the purpose for which the records or information is needed
- the entities or persons, regardless of affiliation, who will have access to the information; and
- a method by which a parent/guardian can grant or deny permission to access or examine the records/information
- prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, assessment, analysis or evaluation without obtaining consent as long as such participation is not otherwise prohibited by federal law
- be construed to prevent a district employee from reporting known or suspected child abuse or neglect as required by state law
- be construed to limit the ability of a health professional that is acting as an agent of the school district to evaluate an individual child
- be construed to require parental notice or consent for a survey, assessment, analysis or evaluation related to educational products for or to students or educational institutions. These products and services include, but are not limited to, the following:
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- college or other postsecondary education recruitment or military recruitment activities
- book clubs, magazines and programs providing access to low-cost literary products
- curriculum and instructional materials used by district schools
- tests and assessments used by district schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students
- the sale by students of products or services to raise funds for school-related or education-related activities
- student recognition programs
- be construed to require parental notice or consent for assessments used to collect evidence of what a student knows and is able to do and to measure a student's academic progress toward attaining a content standard
- limit the ability of the district to administer a suicide assessment or danger/threat assessment
- activities involving the collection, disclosure or use of persona information collected from students for the purpose of marketing or for selling that information;
- the administration of any protected information survey; or
- any non-emergency, invasive physical examination or screening (other than a hearing, vision or scoliosis screening) that is:·required as a condition of attendance;
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- 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.
- Psychiatric/psychological testing methods or procedures Psychiatric/psychological testing methods or procedures for which consent is required Students shall not be required to submit to any psychiatric or psychological methods or procedures for the purpose of diagnosis, assessment or treatment of any emotional, behavioral or mental disorder or disability as part of any classroom or instructional activity without parental knowledge and consent. However, individual testing shall be available to parents upon written request submitted to the office of program evaluation. A student 15 years or older may consent to receive mental health services without parental consent when services are rendered by a facility (such as a clinic or community mental health center) that provides such treatment or by a person licensed to practice medicine in this state or a psychologist certified to practice in this state. A student 18 years or older is eligible to consent to psychiatric or psychological methods or procedures without parental consent. Licensed school personnel are encouraged to be knowledgeable about psychiatric or psychological methods and procedures but shall not be involved in any diagnosis, assessment or treatment of any type of mental disorder or disability unless appropriately certified. In accordance with state law, school personnel including certified school psychologists are not authorized to practice psychotherapy or utilize any psychiatric or psychological procedure outside of or beyond their area of training, experience or competence. Psychological tests shall be administered to students only by appropriately certified school personnel employed for this purpose or by interns under their supervision. Adherence to this policy shall insure quality psychological services and shall protect the educational rights, dignity and privacy of students and parents. Psychological examination and testing shall be made only after informed and written consent of the student's parents or guardian is obtained unless the student is of legal age to give his informed and written consent. Psychological data shall be only one of several criteria for determining any change in a student's educational program. Psychological data older than three years shall not be used as the basis for prescriptive teaching or placement. Ordinary classroom instruction, activities, and techniques involving the approved curriculum that teach about psychological or psychiatric methods or procedures shall be permissible and considered outside the scope of this policy. It is understood that there is a significant difference between practicing therapy and providing activities that may be therapeutic in nature. Any teacher who questions whether a planned activity is one involving psychiatric or psychological methods or procedures for which the teacher may not be properly certified or licensed shall consult with the school principal.
- Special education evaluation The giving of parental permission for evaluation in anticipation of a special education staffing and possible provision of services for a handicapped student and any subsequent approval for the provision of such services is governed by state and federal law and is outside the scope of this policy. This policy is in addition to and does not supersede any other legal rights or obligations of parents and students. Psychotropic Drugs School personnel are prohibited from recommending or requiring the use of a psychotropic drug for any student.
| Cross References: | GCS,Professional Research and Publishing |
| JID – Students of Legal Age | |
| JLCA – Student Health Services and Requirements | |
| JRC – Student Records/Release of Information on Students | |
| LC – Relations with Education Research Agencies | |