Protection of Pupil Rights Amendment

  • The Protection of Pupil Rights Amendment affords parents and students who are 18 or emancipated minors ("eligible student") certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

    • Consent before 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.

      • Political affiliations or beliefs of the student or student’s parents;
      • Mental or psychological problems of the student or student’s parents;
      • Sex behavior or attitudes;
      • Illegal, anti-social, self-incriminating, or demeaning behavior;
      • Critical appraisals of others with whom respondents have close family relationships;
      • Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
      • Religious practices, affiliations, or beliefs of the student or parents; or
      • Income, other than as required by law to determine program eligibility.

    • Receive notice and an opportunity to opt a student out of:

      • Any other protected information survey, regardless of funding;
      • Any non-emergency, invasive physical exam 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
      • Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.

    • Inspect, upon request and before administration or use:

      • Protected information surveys of students;
      • Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
      • Instructional material used as part of the educational curriculum.

    Lindbergh Schools developed policies regarding these rights in consultation with parents, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales or other distribution purposes. Lindbergh Schools will notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes.

    Lindbergh Schools will also directly notify parents and eligible students via U.S. mail or email, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in a specific activity or survey.

    For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is the list of the specific activities and surveys covered under this requirement:

    • Collection, disclosure, or use of personal information for marketing, sales or other distribution.
    • Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education.
    • Any non-emergency, invasive physical examination or screening as described above.

    Parents/eligible students 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 20202-4605