Student And Family Privacy Rights

San Francisco Unified School District and County Office of Education

Board Policy 5022

Student And Family Privacy Rights

 

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

 

The Governing Board respects the rights of district students and their parents/guardians with regard to the privacy of their personal beliefs and the confidentiality of their personal information. 

 

(cf. 5020 – Parent Rights and Responsibilities)

(cf. 5021 – Noncustodial Parents)

(cf. 5125 – Student Records)

(cf. 5125.1 – Release of Directory Information)

(cf. 6162.8 – Research)

 

The Superintendent or designee may collect, disclose, or use students’ personal information for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as the following: (20 USC 1232h)

 

1. College or other postsecondary education recruitment or military recruitment
    
2. Book clubs, magazines, and programs providing access to low-cost literary products
    
3. Curriculum and instructional materials used by elementary and secondary schools
    
4. Tests and assessments 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
    
5. The sale by students of products or services to raise funds for school-related or education-related activities

 

(cf. 6162.5 – Student Assessment)

(cf. 6162.51 – State Academic Achievement Tests)

 

(cf. 1321 – Solicitation of Funds from and by Students)

 

6. Student recognition programs

 

(cf. 5126 – Awards for Achievement)

 

In addition, the Superintendent or designee may collect, disclose, or use a student’s individually identifiable information, including his/her name, parent/guardian’s name, home or other physical address, or telephone number for the purpose of marketing or selling that information or providing the information to others for that purpose.

 

However, the district shall not use surveys to collect social security numbers or the last four digits of social security numbers, or information or documents regarding citizenship or immigration status, of students or their families. (Education Code 234.7, 49076.7)
 

The Superintendent of designee shall consult with parents/guardians regarding the development of regulations pertaining to other uses of personal information, which shall, at a minimum, address the following: (20 USC 1232h)

 

1. Arrangements for protecting student privacy when collecting, disclosing, or using students’ individually identifiable information for any purpose
    
2. Arrangements to protect student privacy in the administration of surveys that may request information about the personal beliefs and practices of students and their families
    
3. The rights of parents/guardians to inspect the following, and any applicable procedures from granting reasonable access to the following in a reasonable period of time:

 

1. Survey instruments requesting information about their personal beliefs and practices or those of their children
    
2. Instructional materials used as part of their children’s educational curriculum
    
3. Instruments used in the collection of personal information for the purpose of marketing or sale

 

4. Any nonemergency physical examinations or screenings that the school may administer

 

 

 

 

(cf. 0420 – School Plans/Site Councils)

(cf. 1220 – Citizen Advisory Committee)

(cf. 1230 – School-Connected Organizations)

 

The Superintendent or designee shall notify parents/guardians of the adoption or continued use of the district’s policy pertaining to the rights specified in items #1-4 above. (20 USC 1232h)

 

(cf. 5145.6 – Parental Notifications)

 

Legal Reference:

EDUCATION CODE

234.7   Student protections relating to immigration and citizenship status

49076.7   Privacy of student records; social security numbers

49450-49458   Physical examinations

49602   Confidentiality of personal information received during counseling

51101   Parents Rights Act of 2002

51513   Test, questionnaire, survey, or examination concerning personal beliefs

51514   Nonremoval of survey questions pertaining to sexual orientation or gender identity

51938   Sexual Health and HIV/AIDS Prevention Education Act; notice and parental excuse

UNITED STATES CODE, TITLE 20

1232g  Family Educational Rights and Privacy Act

1232h  Protection of pupil rights

 

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Family Policy Compliance Office: http://www.ed.gov/offices/OM/fpco

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.