Protection of Pupil Rights Amendments

The Protection of Pupil Rights Amendment (PPRA) gives parents and eligible students certain rights concerning student surveys, instructional materials, collection and use of student information for marketing, and certain physical examinations or screenings.

For purposes of PPRA, an “eligible student” is a student who is 18 years of age or an emancipated minor under Vermont law. PPRA rights transfer from the parent to the eligible student.

Surveys Concerning Protected Information

Surveys Funded by the U.S. Department of Education

CVSU or a member district must obtain prior written consent before requiring a student to participate in a survey, analysis, or evaluation funded in whole or in part by a program of the U.S. Department of Education if the activity concerns one or more of the following eight protected areas:

• 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, antisocial, self-incriminating, or demeaning behavior;
• Critical appraisals of individuals with whom the student has a close family relationship;
• Legally recognized privileged or similar relationships, including relationships with attorneys, physicians, and ministers;
• Religious practices, affiliations, or beliefs of the student or the student’s parent; or
• Income, except when income information is required by law to determine eligibility for participation in a program or receipt of financial assistance.

A student will not be required to participate in such an activity unless the required prior written consent has been received.

Other Surveys Concerning Protected Information

When a survey concerning one or more of the eight protected areas is not funded in whole or in part by the U.S. Department of Education, CVSU will provide parents and eligible students with advance notice and an opportunity to opt the student out of participating.

Activities Requiring Notice and an Opportunity to Opt Out

CVSU will provide parents and eligible students with advance notice and an opportunity to opt out of the following activities:

• Administration of a protected-information survey that is not funded in whole or in part by the U.S. Department of Education;
• An activity involving the collection, disclosure, or use of personal information obtained from students for marketing, selling, or otherwise distributing the information to others; and
• A nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school or its agent, scheduled by the school in advance, and not necessary to protect the immediate health or safety of the student or other students.

The physical-examination and screening provision does not apply to:

• Hearing, vision, or scoliosis screenings;
• An examination or screening permitted or required by Vermont law; or
• An examination or screening necessary to protect the immediate health or safety of a student or other students.

The marketing provision does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for students or educational institutions, as permitted by PPRA.

Right to Inspect Surveys and Materials

A parent or eligible student has the right to inspect, upon request and before administration or use:

• A survey concerning one or more of the eight protected areas;
• A survey created by a third party before it is administered or distributed to students;
• An instrument used to collect personal information from students for marketing, sales, or other distribution purposes; and
• Instructional material used as part of the student’s educational curriculum.

A parent or eligible student who wishes to inspect a survey, data-collection instrument, or instructional material should submit a request to the student’s school principal. The request should identify the material to be inspected.

The school will arrange access within a reasonable period of time and, when applicable, before the survey, activity, or material is administered or used. The school will notify the requester of the date, time, location, or manner in which the material may be inspected.

Student Privacy Protections

CVSU and its member districts will take reasonable steps to protect student privacy when:

• A survey concerning protected information is administered;
• Personal information is collected, disclosed, or used for marketing, sales, or distribution; or
• A third party conducts a covered activity involving students.

CVSU will review covered surveys and activities before use when required. Access to personally identifiable student information will be limited to authorized individuals with a legitimate educational or operational need, and information will be handled in accordance with FERPA, PPRA, board policy, and applicable privacy and data-security requirements.

Additional information is available in the CVSU Pupil Privacy Policy.

Annual and Activity-Specific Notices

CVSU will provide parents and eligible students with notice of PPRA rights and applicable policies at least annually, ordinarily at the beginning of each school year. CVSU will also provide notice within a reasonable period of time after a substantive change to its PPRA policies.

When CVSU has identified the specific or approximate dates of covered activities at the beginning of the school year, the annual notice will include those dates when practicable.

For a covered survey, marketing activity, examination, or screening scheduled after the annual notice is distributed, CVSU will provide affected parents and eligible students with reasonable advance notice. The direct notice will:

• Describe the activity;
• Provide the specific or approximate date;
• Explain whether prior consent is required or an opt-out right applies;
• State how and by when consent or an opt-out request must be submitted; and
• Explain how the covered survey or material may be inspected.

Direct notice may be provided through U.S. mail, email, the district’s family-notification system, or another method reasonably designed to reach the affected parent or eligible student. Posting information on the website does not replace direct notice when PPRA requires direct notification of a scheduled activity.

How to Submit an Opt-Out Request

When an opt-out opportunity applies, the parent or eligible student should submit the request using the method described in the activity-specific notice.

Unless the notice provides another method, a written opt-out request may be submitted to the student’s school principal. The request should identify:

• The student;
• The covered survey, examination, screening, or activity;
• The parent or eligible student submitting the request; and
• The request that the student not participate.

The school will provide an appropriate alternative when required and will not penalize a student for exercising a PPRA opt-out right.

Questions and Complaints

Questions about PPRA, inspection requests, consent, or opt-out procedures may be directed to the student’s school principal or:

A parent or eligible student who believes PPRA rights have been violated may file a complaint with:

Information about filing a complaint is available through the U.S. Department of Education Student Privacy Policy Office.

Requests for Paper, Translated, or Accessible Copies

Families and eligible students may request a paper copy, translated copy, or accessible-format copy of this notice, the CVSU Pupil Privacy Policy, or an activity-specific PPRA notice by contacting the student’s school office or CVSU Central Office at 802-433-5818.