Except as otherwise permitted by law, students shall not be required to submit to a survey, assessment, analysis or evaluation that is intended to reveal information, whether the information is personally identifiable or not, without prior written consent of the parent/guardian or eligible student, if that survey, assessment, analysis or evaluation reveals information in the following areas (“protected information”):
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political affiliations or beliefs of the student or the student’s parent/guardian
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mental or psychological conditions of the student or the student’s family
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sex behavior and attitudes
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illegal, anti-social, self-incriminating or demeaning behavior
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critical appraisals of individuals with whom the student has a close family relationship
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legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers
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religious practices, affiliations or beliefs of the student or student’s parent/guardian
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income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program)
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social security number
School personnel responsible for administering any such survey, assessment, analysis or evaluation shall give written notice at least two weeks in advance to the student’s parent/guardian or the eligible student and shall make a copy of the document available for viewing at convenient times and locations. The notice shall offer to provide the following written information upon request:
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records or information that may be examined and requested in the survey, assessment, analysis or evaluation
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the means by which the records or information shall be examined, reviewed or disseminated
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the means by which the information is to be obtained
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the purposes for which the records or information are needed
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the entities or persons, regardless of affiliation, who will have access to the information
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a method by which a parent/guardian can grant or deny permission to access or examine the records or information
These notice provisions also apply to any survey, analysis or evaluation funded by the U.S. Department of Education.