KAB: Parental Rights

KAB-AR: Parental Rights

Code: KAB
Adopted: 1/12/11

The board recognizes the importance of promoting parental¹ input in decision making related to their student’s health and general well-being, in determining  district and student needs for educational services, in program development and district operations. To assist the district in this effort, and in accordance with the Every Student Succeeds Act of 2015 (ESSA), the district affirms the right of parents, upon request, to inspect:

1. A survey created by  a third party  before the survey  is administered or distributed by  the district to a student, including any district survey containing “covered survey items”² as defined by  ESSA;
2. Any instructional material used by  the district as part of the educational curriculum for the student;
3. Any instrument used in the collection of personal information from students for the purpose of marketing  or for selling  that information or otherwise providing  that information to others for that purpose.

As provided by law, parents of district students will also, upon request, be permitted to excuse their student from “covered activities”³ as defined by  ESSA. The rights provided to parents under this policy, transfer to the student when the student turns 18 years of age, or is an emancipated minor under applicable state law.

The superintendent will ensure that activities requiring  parental notification are provided as required by law and that  reasonable notice of the adoption or continued use of this policy  is provided to parents of students enrolled in district schools.  The input of parents will be encouraged in the development, adoption and any  subsequent revision of this policy. The superintendent shall develop administrative regulations to implement this policy, including  provisions as may  be necessary  to ensure appropriate notification to parents of their rights under federal law and district procedures to request review of covered materials, excuse a student from participating  in covered activities and protect student privacy  in the event of administration or distribution of a survey  to a student.

END OF POLICY

^{1 As used in this policy, the term parent includes legal guardian or person in a parental relationship. The status and duties of a legal guardian are defined in ORS 125.005  (4) and 125.300 - 125.325. The determination of whether an individual is acting in a parental relationship, for purposes of  determining residency, depends on the evaluation of the factors listed in ORS 419B.373. The determination for other purposes depends on evaluation of those factors and a power of attorney executed pursuant to ORS 109.056.  For special education students, parent also includes a surrogate parent, an adult student to whom rights have transferred and foster parent as defined  in  OAR 581-015-0005 (18).}

^{2 “Covered survey items” under ESSA include one or more of the following items: political affiliations or beliefs of the student or the student’s  family; mental and psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, antisocial, self-incriminating  or 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; religious practices, affiliations or beliefs of  the student or the student’s parent; and income, other than  that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.}

^{3 “Covered activities” requiring notification under ESSA include activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information or otherwise providing that information to others for that purpose; the administration of any survey containing one or more of covered survey items; and any nonemergency, invasive physical examination or screening that is required as a condition of attendance and administered and scheduled by the school in advance. See the administrative regulation for additional definitions.}

Legal Reference(s):

ORS 332.107

Every Student Succeeds Act of 2015, 20 U.S.C. §  7928  (2017).
Protection of Pupil Rights, 20 U.S.C. § 1232h  (2017); Student Rights in Research, Experimental Programs and Testing, 34 C.F.R. Part 98  (2017).
Family Education Rights and Privacy Act, 20 U.S.C. § 1232g  (2017).