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PPRA

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Protection of Pupil Rights Amendment (PPRA)

The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education (ED). PPRA is intended to protect the rights of parents and students in two ways:

  • It seeks to ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an Department of Education funded survey, analysis, or evaluation in which their children participate; and
  • It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any Department of Education funded survey, analysis, or evaluation that reveals information concerning:
    • Political affiliations;
    • Mental and psychological problems potentially embarrassing to the student and his/her family;
    • Sex behavior and attitudes;
    • Illegal, anti-social, self-incriminating and demeaning behavior;
    • Critical appraisals of other individuals with whom respondents have close family relationships;
    • Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or
    • Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The No Child Left Behind Act of 2001 contains a major amendment to PPRA that gives parents more rights with regard to the surveying of minor students, the collection of information from students for marketing purposes, and certain non-emergency medical examinations. In addition, eight categories of information was added to the law.

You may read more about the specific changes to the law by selecting here.

PPRA Resources:

Parents or students who believe their rights under PPRA may have been violated may file a complaint with U.S. Dpartment of Education by writing the Family Policy Compliance Office. Complaints must contain specific allegations of fact giving reasonable cause to believe that a violation of PPRA occurred.

Definition of some terms used in PPRA

"Instructional Material" - instructional material that is provided to a student, regardless of format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

"Invasive Physical Examination" - any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

"Personal Information" - individually identifiable information including:

  • a student or parent's first and last name;
  • home address;
  • telephone number; or
  • social security number.

PPRA UPDATES

No Child Left Behind Act of 2001

Sec. 1061 Student Privacy, Parental Access to Information, and Administration of Certain Physical Examinations to Minors.

The No Child Left Behind Act contains a major amendment to PPRA that gives parents more rights with regard to the surveying of minor students, the collection of information from students for marketing purposes, and certain non-emergency medical examinations. PPRA has been referred to as the "Hatch Amendment" and the "Grassley Amendment" after authors of amendments to the law. Now, school officials may hear the law referred to as the "Tiahrt Amendment" after Congressman Todd Tiahrt, who introduced the changes regarding surveys to the PPRA. The statute is found in 20 U.S.C. § 1232h and the regulations (not yet updated) are found in 34 CFR Part 98.

 

 

Please contact us for more information about how we can help you comply with the complex and confusing Act.

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