• The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding the conduct of surveys, collection and use of information for marketing purposes and certain physical exams. These include the right to:

    1. Consent before minor students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED):
      1. Political affiliations or beliefs of the student or the student’s parent;
      2. Mental or psychological problems of the student or the student’s family;
      3. Sex behavior or attitudes;
      4. Illegal, anti-social, self-incriminating or demeaning behavior;
      5. Critical appraisals of others with whom respondents have close family relationships;
      6. Legally recognized privileged relationships, such as with lawyers, physicians or ministers;
      7. Religious practices, affiliations or beliefs of the student or the student’s parent; or
      8. Income, other than as required by law to determine program eligibility.
    2. Receive notice and an opportunity to opt a student out of:
      1. Any other protected information survey, regardless of funding;
      2. Any non-emergency, invasive physical examination or screening required as a condition of attendance, administered by the school or its agent and not necessary to protect the immediate health and safety of a student, except for hearing, vision or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
      3. Activities involving collection, disclosure or use of personal information obtained from students for marketing or to sell or otherwise distribute that information to others.
    3. Inspect upon request and before administration or use:
      1. Protected information surveys of students;
      2. Instruments used to collect personal information from students for any of the above marketing, sales or other distribution purposes; and
      3. Instructional material used as part of the educational curriculum. These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

    CMS will, within a reasonable period of time prior to the administration of surveys and activities, provide notice to parents of students who are scheduled to participate in the specific activities or surveys and give the parent or student if s/he is 18 years old or older, the opportunity to opt out.

    Parents who believe their rights have been violated may file a complaint with:

    Family Policy Compliance Office
    U.S. Department of Education

    400 Maryland Avenue, SW
    Washington, DC 20202-8520