**(a) Inspection of instructional materials by parents or guardians** All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.
**(b) Limits on survey, analysis, or evaluations** No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—
(1) political affiliations or beliefs of the student or the student’s parent;
(2) mental or psychological problems of the student or the student’s family;
(3) sex behavior or attitudes;
(4) illegal, anti-social, self-incriminating, or demeaning behavior;
(5) critical appraisals of other individuals with whom respondents have close family relationships;
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) religious practices, affiliations, or beliefs of the student or student’s parent; or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.
**(c) Development of local policies concerning student privacy, parental access to information, and administration of certain physical examinations to minors**
(1) **Development and adoption of local policies** — Except as provided in subsections (a) and (b), a local educational agency that receives funds under any applicable
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Stable record: federal_law:legal_authorities:record_usc_22e9d82289730a5b8e76c924 Source file: Laws/federal/codes/united-states-code/title-20/section-1234a-protection-of-pupil-rights--6141bf0376.md Pages: Not recorded – Not recorded Passage SHA-256: 9fe1fe638bca0ad9c81bcb0867c7da09aed0460ce5ae8e2228bfadfc76ea07cc Retained source evidence SHA-256: 9c740cf427b88e6f6fa9608737dd49d9f67f0bfe4c13b2b776a105e2e532e60e
Source location: Title 20, Chapter 31, § 1234a; chapter-031-general-provisions-concerning-education.md
Stored source content
**(a) Inspection of instructional materials by parents or guardians** All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.
**(b) Limits on survey, analysis, or evaluations** No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—
(1) political affiliations or beliefs of the student or the student’s parent;
(2) mental or psychological problems of the student or the student’s family;
(3) sex behavior or attitudes;
(4) illegal, anti-social, self-incriminating, or demeaning behavior;
(5) critical appraisals of other individuals with whom respondents have close family relationships;
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) religious practices, affiliations, or beliefs of the student or student’s parent; or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.
**(c) Development of local policies concerning student privacy, parental access to information, and administration of certain physical examinations to minors**
(1) **Development and adoption of local policies** — Except as provided in subsections (a) and (b), a local educational agency that receives funds under any applicable program shall develop and adopt policies, in consultation with parents, regarding the following:
(A)
(i) The right of a parent of a student to inspect, upon the request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student; and
(ii) any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received.
(B) Arrangements to protect student privacy that are provided by the agency in the event of the administration or distribution of a survey to a student containing one or more of the following items (including the right of a parent of a student to inspect, upon the request of the parent, any survey containing one or more of such items):
(i) Political affiliations or beliefs of the student or the student’s parent.
(ii) Mental or psychological problems of the student or the student’s family.
(iii) Sex behavior or attitudes.
(iv) Illegal, anti-social, self-incriminating, or demeaning behavior.
(v) Critical appraisals of other individuals with whom respondents have close family relationships.
(vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(vii) Religious practices, affiliations, or beliefs of the student or the student’s parent.
(viii) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
(C)
(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student; and
(ii) any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reasonable period of time after the request is received.
(D) The administration of physical examinations or screenings that the school or agency may administer to a student.
(E) 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), including arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure, or use.
(F)
(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument used in the collection of personal information under subparagraph (E) before the instrument is administered or distributed to a student; and
(ii) any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received.
(2) **Parental notification**
(A) *Notification of policies* — The policies developed by a local educational agency under paragraph (1) shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students enrolled in schools served by that agency. At a minimum, the agency shall—
(i) provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in such policies; and
(ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i), in the case of a student of an appropriate age, the student) to opt the student out of participation in an activity described in subparagraph (C).
(B) *Notification of specific events* — The local educational agency shall directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities described in subparagraph (C) are scheduled, or expected to be scheduled.
(C) *Activities requiring notification* — The following activities require notification under this paragraph:
(i) 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).
(ii) The administration of any survey containing one or more items described in clauses (i) through (viii) of paragraph (1)(B).
(iii) Any nonemergency, invasive physical examination or screening that is—
(I) required as a condition of attendance;
(II) administered by the school and scheduled by the school in advance; and
(III) not necessary to protect the immediate health and safety of the student, or of other students.
(3) **Existing policies** — A local educational agency need not develop and adopt new policies if the State educational agency or local educational agency has in place, on January 8, 2002, policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and guardians of students, in accordance with paragraph (2).
(4) **Exceptions**
(A) *Educational products or services* — Paragraph (1)(E) does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
(i) College or other postsecondary education recruitment, or military recruitment.
(ii) Book clubs, magazines, and programs providing access to low-cost literary products.
(iii) Curriculum and instructional materials used by elementary schools and secondary schools.
(iv) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
(v) The sale by students of products or services to raise funds for school-related or education-related activities.
(vi) Student recognition programs.
(B) *State law exception* — The provisions of this subsection—
(i) shall not be construed to preempt applicable provisions of State law that require parental notification; and
(ii) do not apply to any physical examination or screening that is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification.
(5) **General provisions**
(A) *Rules of construction*
(i) This section does not supersede [section 1232g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim).
(ii) Paragraph (1)(D) does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.).
(B) *Student rights* — The rights provided to parents under this section transfer to the student when the student turns 18 years old, or is an emancipated minor (under an applicable State law) at any age.
(C) *Information activities* — The Secretary shall annually inform each State educational agency and each local educational agency of the educational agency’s obligations under this section and [section 1232g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim).
(D) *Funding* — A State educational agency or local educational agency may use funds provided under part A of title IV of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7101&num=0&edition=prelim) et seq.] to enhance parental involvement in areas affecting the in-school privacy of students.
(6) **Definitions** — As used in this subsection:
(A) *Instructional material* — The term “instructional material” means instructional content that is provided to a student, regardless of its 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.
(B) *Invasive physical examination* — The term “invasive physical examination” means 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.
(C) *Local educational agency* — The term “local educational agency” means an elementary school, secondary school, school district, or local board of education that is the recipient of funds under an applicable program, but does not include a postsecondary institution.
(D) *Parent* — The term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).
(E) *Personal information* — The term “personal information” means individually identifiable information including—
(i) a student or parent’s first and last name;
(ii) a home or other physical address (including street name and the name of the city or town);
(iii) a telephone number; or
(iv) a Social Security identification number.
(F) *Student* — The term “student” means any elementary school or secondary school student.
(G) *Survey* — The term “survey” includes an evaluation.
**(d) Notice** Educational agencies and institutions shall give parents and students effective notice of their rights under this section.
**(e) Enforcement** The Secretary shall take such action as the Secretary determines appropriate to enforce this section, except that action to terminate assistance provided under an applicable program shall be taken only if the Secretary determines that—
(1) there has been a failure to comply with such section; and
(2) compliance with such section cannot be secured by voluntary means.
**(f) Office and review board** The Secretary shall establish or designate an office and review board within the Department of Education to investigate, process, review, and adjudicate violations of the rights established under this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
§ 1234a. Recovery of funds
(a) Preliminary departmental decision; grounds
of determination; notice requirements; prima
facie case; amount of funds recoverable
(1) Whenever the Secretary determines that a
recipient of a grant or cooperative agreement
under an applicable program must return funds
because the recipient has made an expenditure
of funds that is not allowable under that grant
or cooperative agreement, or has otherwise
failed to discharge its obligation to account
properly for funds under the grant or coopera-
tive agreement, the Secretary shall give the re-
cipient written notice of a preliminary depart-
mental decision and notify the recipient of its
right to have that decision reviewed by the Of-
fice and of its right to request mediation.
(2) In a preliminary departmental decision, the
Secretary shall have the burden of establishing
a prima facie case for the recovery of funds, in-
cluding an analysis reflecting the value of the
program services actually obtained in a deter-
mination of harm to the Federal interest. The
facts to serve as the basis of the preliminary de-
partmental decision may come from an audit re-
port, an investigative report, a monitoring re-
port, or other evidence. The amount of funds to
be recovered shall be determined on the basis of
section 1234b of this title.
(3) For the purpose of paragraph (2), failure by
a recipient to maintain records required by law,
or to allow the Secretary access to such records,
shall constitute a prima facie case.
(b) Review of preliminary departmental decision;
form and contents of application for review;
inadequate preliminary decisions; duties of
recipient to subrecipients after preliminary
decision; burden of proof
(1) A recipient that has received written no-
tice of
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1400. Short title; findings; purposes
(a) Short title
This chapter may be cited as the ‘‘Individuals
with Disabilities Education Act’’.
(b) Omitted
(c) Findings
Congress finds the following:
(1) Disability is a natural part of the human
experience and in no way diminishes the right
of individuals to participate in or contribute
to society. Improving educational results for
children with disabilities is an essential ele-
ment of our national policy of ensuring equal-
Page 928
TITLE 20—EDUCATION
§ 1400
ity of opportunity, full participation, inde-
pendent living, and economic self-sufficiency
for individuals with disabilities.
(2) Before the date of enactment of the Edu-
cation for All Handicapped Children Act of
1975 (Public Law 94–142), the educational needs
of millions of children with disabilities were
not being fully met because—
(A) the children did not receive appro-
priate educational services;
(B) the children were excluded entirely
from the public school system and from
being educated with their peers;
(C) undiagnosed disabilities prevented the
children from having a successful edu-
cational experience; or
(D) a lack of adequate resources within the
public school system forced families to find
services outside the public school system.
(3) Since the enactment and implementation
of the Education for All Handicapped Children
Act of 1975, this chapter has been successful in
ensuring children with disabilities and the
families of such children access to a free ap-
propriate public education and in improving
educational results for children with disabil-
ities.
(4) However, the implementation of this
chapter has been impeded by low expectations,
and
an
insufficient
focus
on
applying
replicable research on proven methods of
t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 7161, Pub. L. 89–10, title IV, § 4151, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1763, defined terms.
Section 7162, Pub. L. 89–10, title IV, § 4152, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1764, related to message and materials.
Section 7163, Pub. L. 89–10, title IV, § 4153, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765, related to parental consent.
Section 7164, Pub. L. 89–10, title IV, § 4154, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1765, related to prohibited uses of funds.
#### Effective Date of Repeal
Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 7101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 7101. General provisions
(a) Parental consent
(1) In general
(A) Informed written consent
A State, local educational agency, or other
entity receiving funds under this subchapter
shall obtain prior written, informed consent
from the parent of each child who is under 18
years of age to participate in any mental-
health assessment or service that is funded
under this subchapter and conducted in con-
nection with an elementary school or sec-
ondary school under this subchapter.
(B) Contents
Before obtaining the consent described in
subparagraph (A), the entity shall provide
the parent written notice describing in de-
tail such mental health assessment or serv-
ice, including the purpose for such assess-
ment or service, the provider of such assess-
ment or service, when such assessment or
service will begin, and how long such assess-
ment or service may last.
(C) Limitation
The informed written consent required
under this paragraph shall not be a waiver of
any rights or protections under section 1232g
of this title.
(2) Exception
Notwithstanding paragraph (1)(A), the writ-
ten, informed consent described in such para-
graph shall not be required in—
(A) an emergency, where it is necessary to
protect the immediate health and safety of
the child, other children, or entity per-
sonnel; or
(B) other instances in which an entity ac-
tively seeks parental consent but such con-
sent cannot be reasonably obtained, as de-
termined by the State or local educational
agency, including in the case of—
(i) a child whose parent has not re-
sponded to the notice described in para-
graph (1)(B); or
(ii) a child who has attained 14 years of
age and is an unaccompanied youth, as de-
fined in section 11434a of title 42.
(b) Prohibited use of funds
No funds unde
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 7101. This identifies an authority to review, not proof of applicability.