Students will not be required to participate without parental consent in any survey, analysis, or evaluation— funded in whole or in part by the U.S. Department of Education—that concerns:
- political affiliations or beliefs of the student or the student’s parent;
- mental or psychological problems of the student or the student’s family;
- sexual behavior or attitudes;
- illegal, antisocial, self-incriminating or demeaning behavior;
- critical appraisals of individuals with whom the student has a close family relationship;
- relationships privileged under law, such as relationships with lawyers, physicians, and ministers;
- religious practices, affiliations, or beliefs of the student or parents; or
- income, except when the information is required by law and will be used to determine the student’s eligibility to participate in a special program or to receive financial assistance under such a program.
Parents will be able to inspect the survey or other instrument and any instructional materials used in connection with such a survey, analysis, or evaluation.
“Opting Out” of Surveys and Activities
Parents have a right to receive notice of and deny permission for their student’s participation in:
- any survey concerning the private information listed above, regardless of funding;
- school activities involving the collection, disclosure, or use of personal information gathered from their student for the purpose of marketing or selling that information;
- any non-emergency, invasive physical examination, or screening required as a condition of attendance, administered and scheduled by the school in advance and not necessary to protect the immediate health and safety of the student (exceptions are hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law).
Excusing a Student from Reciting a Portion of the Declaration of Independence
Parents may request that their student be excused from recitation of a portion of the Declaration of Independence. State law requires that students in social studies classes in Grades 3–12 recite a portion of the text of the Declaration of Independence during Celebrate Freedom Week unless:
- the parent provides a written statement requesting that the student be excused,
- the school determines that the student has a conscientious objection to the recitation, or
- the parent is a representative of a foreign government to whom the United States government extends diplomatic immunity.