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This U.S. Department of Education guidance (issued October 2020), outlines parent rights and LEA Obligations under the Protection of Pupil Rights Amendment (PPRA). Parents have the right to consent before students are required to submit to federally funded surveys covering eight sensitive areas:
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or 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 or analogous relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or student’s parent; or
8. Income, other than as required by law to determine program eligibility
Parents also have the right to opt their child out of non-emergency physical exams, marketing-related data collection, and certain non-federally-funded protected information surveys. LEAs must develop privacy policies in consultation with parents, notify them at least annually at the start of each school year, and provide advance notice of any scheduled surveys or activities — including specific or approximate dates. Rights transfer from parents to students at age 18 or upon emancipation.
Three Recommendations for LEA Leaders
1. Establish a clear, annual PPRA notification process
Don't treat PPRA compliance as a one-time checkbox. Build a repeatable system to notify parents via mail or email about all upcoming surveys, data collection activities, and physical screenings, including scheduled dates. When new activities are added mid-year, ensure parents receive timely notice and a genuine opt-out opportunity before participation occurs.
2. Develop and regularly update a parent-inclusive privacy policy.
PPRA requires that LEA privacy policies be developed in consultation with parents, not just distributed to them. Create an advisory process (such as a parent review committee) to develop or revise these policies, and communicate any substantive changes promptly. Keeping parents as genuine stakeholders, rather than passive recipients of notices, reduces legal risk and builds community trust.
3. Audit all third-party surveys and data-sharing agreements
LEAs are responsible not just for their own surveys but for those administered by third parties. Before any vendor, researcher, or partner distributes surveys or collects student data for marketing or other purposes, ensure legal review has occurred, parental inspection rights are honored, and opt-out mechanisms are in place. With the growing use of EdTech tools, this is an area of increasing PPRA risk that demands proactive oversight. Also, teachers and other staff should be careful about deploying surveys that contain sensitive information (see the list above). The current leadership at the Department of Education have made it clear that this is a priority issue.
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