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.
U.S. Department of Education Surveys
Subsection (a) of the legislation was not changed. Subsection (b) added an additional category (see bold below) and made minor changes to the existing seven categories. This provision applies to surveys funded in whole or part by any program administered by the U. S. Department of Education (ED). PPRA provides:
-that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children participate; and
-that schools and contractors obtain prior written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning:
1.political affiliations or beliefs of the student or the student's parent;
2.mental and 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).
Subsections a and b of PPRA generally apply when a survey is funded, at least in part, by any program administered by the Secretary of Education.