STUDENT AND FAMILY PRIVACY RIGHTS

ADMINISTRATIVE REGULATION - 5022

Definition

Personal Information means individually identifiable information including a student’s or parent/guardian’s first and last name, a home or other physical address (including street name and the name of the city or town), a telephone number, or a social security identification number. (20 USC 1232h)

 

Surveys Requesting Information about Beliefs and Practices

A student’s parent/guardian shall provide prior written consent before the student submits to a survey containing questions about one or more of the following items: (20USD 1232h; EC 51513)

  1. Political affiliations or beliefs of the student or his/her family
  2. Mental or psychological problems of the student or his/her family
  3. Sexual behavior or attitudes or personal beliefs and practices in family life or morality
  4. Illegal, anti-social, self-incriminating or demeaning behavior
  5. Critical appraisals of other individuals with whom students have close family relationships
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians or ministers
  7. Religious practices, affiliations or beliefs of the student or his/her parent/guardian
  8. Income, except to the extent that income is required to be disclosed by law for participation in a program or for receiving financial assistance under such a program

If a student participates in a survey regarding information about beliefs and practices, as identified above, school officials and staff members shall not request or disclose the student’s identity.

 

Notwithstanding the above requirements, the district may administer to students in grades 7-12, anonymous, voluntary, and confidential research and evaluation tools to measure student health risks and behaviors, including tests and surveys about the student's attitudes or practices related to sex as long as parents/guardians are provided written notice and given an opportunity to request that their child not participate. (Education Code 51938)

 

Responding to Requests for Information from Law Enforcement for Immigration Purposes

 

The district shall avoid the disclosure of information that might indicate a student’s or family’s citizenship or immigration status if the disclosure is not authorized by Family Educational Rights and Privacy Act (FERPA).

 

The District must provide annual notice to parents and guardians of the school’s general information policies that include:

  1. Assurances that the District will not release information to third parties for immigration-enforcement purposes, except as required by law or court order.
  2. A description of the type of records maintained by the District.
  3. A list of the circumstances or conditions under which the District might release student information to outside people or entities.
  4. A statement that, unless the District is providing information for a legitimate educational purpose under FERPA and the California Education Code or directory information, the District shall notify parents or guardians and eligible students--and receive their written consent—before it releases a student’s personally identifiable information.

 

Unless authorized by the Family Educational Rights and Privacy Act (FERPA) pursuant to 20 USC 1232g, student information shall not be disclosed to immigration law enforcement authorities without parental consent, a court order, or judicial subpoena. 

 

Upon receiving any verbal or written request for information related to a student’s or family’s immigration or citizenship status, district staff shall:

  1. Notify the Superintendent or designee about the information request
  2. Provide students and families with appropriate notice and a description of the immigration officer’s request
  3. Document any request for information by immigration authorities
  4. Provide students and parents/guardians with any documents provided by the immigration officer, unless such disclosure is prohibited by a subpoena served on the district or in cases involving investigations of child abuse, neglect, or dependency

 

Except for investigations of child abuse, child neglect, or child dependency, or when the subpoena served on the local agency prohibits disclosure, the district shall provide parental or guardian notification of any court orders, warrants, or subpoenas before responding to such requests.

 

The district shall require written parental or guardian consent for release of student information, unless the information is relevant to legitimate educational interest or includes directory information only.  Neither exception permits disclosing information to immigration authorities for immigration-enforcement purposes; no student information shall be disclosed to immigration authorities for immigration-enforcement purposes without a court order or judicial subpoena.

 

The District’s request for parental or guardian written consent for release of student information must include the following information: (1) the signature and date of the parent, guardian, or eligible student providing consent; (2) a description of the records to be disclosed; (3) the reason for release of information; (4) the parties or class of parties receiving the information; and (5) if requested by the parents, guardians or eligible student, a copy of the records to be released.  The District shall permanently keep the consent notice with the record file.

The parent, guardian, or eligible student is not required to sign the consent form.  If the parent, guardian or eligible student refuses to provide written consent for the release of student information that is not otherwise subject to release, the District shall not release the information.

 

In addition to notifying the Superintendent or designee, District personnel shall take the following action steps in response to an officer present on the school campus specifically for immigration-enforcement purposes:

  1. Advise the officer that before proceeding with his or her request, and absent exigent circumstances, school personnel must first receive notification and direction from the Superintendent.
  2. Ask to see, and make a copy of or note, the officer’s credentials (name and badge number).  Also, ask for and copy or note the phone number of the officer’s supervisor.
  3. Ask the officer his/her reason for being on school grounds and document it.
  4. Ask the officer to produce any documentation that authorizes school access.
  5. Make a copy of all documents provided by the officer.  Retain one copy of the documents for school records.
  6. If the officer declares exigent circumstances exist and demands immediate access to the campus, District personnel should comply with the officer’s orders and immediate contact the Superintendent or designee.
  7. If the officer does not declare that exigent circumstances exist, respond according to the requirements of the officer’s documents.  If the immigration officer has:
    1. An ICE (Immigration and Customs Enforcement) administrative warrant,  District personnel shall inform the agent that he/she cannot consent to any request without first consulting with legal counsel.
    2. A federal judicial warrant (search and seizure warrant or arrest warrant), prompt compliance with such a warrant is usually legally required.  If feasible, consult with District legal counsel before providing the agent access to the person or materials specified in the warrant.
    3. A subpoena for production of documents or other evidence, immediate compliance is not required.  Therefore, District personnel shall inform District legal counsel or other designee of the subpoena, and await further instructions on how to proceed.
  8. While District personnel should not consent to access by an immigration-enforcement officer, except as described above, he/she should not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document.  If an officer enters the premises without consent, District personnel shall document his or her actions while on campus.
  9. After the encounter with the officer, District personnel shall promptly take written notes of all interactions with the officer.  The notes shall include the following items:
    1. List or copy of officer’s credentials and contact information.
    2. Identity of all school personnel who communicated with the officer.
    3. Details of the officer’s request.
    4. Whether the officer presented a warrant or subpoena to accompany his/her request, what was requested in the warrant/subpoena, and whether the warrant/subpoena was signed by a judge.
    5. District personnel’s response to the request.
    6. Any further action taken by the agent.
    7. Photo or copy of any documents presented by the agent.
  10.   District personnel shall provide a copy of these notes, and associated documents collected from the officer, to the District designee or legal counsel.
  11.   In turn, the District designee or legal counsel shall submit a timely report to the governing board regarding the officer’s requests and actions and the District response(s).
  12.   Email the Bureau of Children’s Justice in the California Department of Justice, at  BCJ@doj.ca.gov, regarding any attempt by a law enforcement officer to access a school site or a student for immigration-enforcement purposes.

 

District personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by any officer seeking to enforce the civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge, or presents a valid, effective order.

 

District personnel shall immediately notify student’s parents or guardians if a law enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian

 

The Coordinator, Student Services shall maintain in writing district policies and procedures for gathering and handling sensitive student information, and appropriate personnel shall have training regarding those policies and procedures.

 

If the District possesses information that could indicate immigration status, citizenship status, or national origin information, the District shall not use the acquired information to discriminate against any students or families or bar children from enrolling or attending school.

 

If parents or guardians choose not to provide information that could indicate their or their children’s immigration status, citizenship status, or national origin information, the District shall not use such actions as a basis to discriminate against any students or families or bar children from enrolling or attending school.

 

Resources and data collected by the district shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, ethnicity, national origin, immigration status, religion, or other category of individual characteristics protected against lawful discrimination.

 

District personnel shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigration status, such as a green card, voter registration, a passport, or citizenship papers.

 

Where any law contemplates submission of national origin information to satisfy the requirements of a special program, district personnel shall solicit that documentation or information separately from the school enrollment process.

 

Where permitted by law, the Student Services department of the district shall enumerate alternative means to establish residency, age, or other eligibility criteria for enrollment or programs, and those alternative means shall include among them documentation or information that are available to persons regardless of immigration status, citizenship status, or national origin, and that do not reveal information related to citizenship or immigration status.

 

Where residency, age, and other eligibility criteria for purpose of enrollment or any program may be established by alternative documents or information permitted by law or this policy, the district’s procedures and forms shall describe the applicant, and accommodate, all alternative specified in law and all alternatives specified under this policy.

 

The District will follow Model Policies about Social Security Numbers or Cards

  1. The District shall not solicit or collect entire Social Security numbers or cards.
  2. The District shall solicit and collect the last four digits of an adult household member’s Social Security number only if required to establish eligibility for federal benefit programs.
  3. When collecting the last four digits of an adult household member’s Social Security number to establish eligibility for a federal benefit program, the District shall explain the limited purpose for which this information is collected, and clarify that a failure to provide this information will not bar the student from enrolling in or attending the school
  4. The District shall treat all students equitably  in the receipt of all school services, including, but not limited to, the gathering of student and family information for the free and reduced lunch program, transportation and educational instruction.

 

As early as possible, district staff shall notify the Superintendent or designee of any request by an immigration officer for review of school documents or for access to the school or student, including service of lawful subpoenas, petitions, complaints, warrants, or other such documents.

 

District staff will follow specified legal guidelines for responding to requests for access to students or school grounds as outlined in Education Code 234.7.

 

The Superintendent or designee shall encourage all students and their families to update their emergency contact information as needed throughout the school year and to provide alternate contact in case a student’s parent/guardian is unavailable.  The district shall permit students and families to update students’ emergency contact information as needed throughout the school year, and provide alternate contacts if no parent or guardian is available.  The District shall ensure that families may include the information of an identified trusted adult guardian as a secondary emergency contact in case a student’s parent or guardian is detained. The district shall communicate to families that information provided within the emergency cards will only be used in response to specified emergency situations, and not for any other purpose.

 

  The district shall encourage that families and students have and know their emergency phone numbers and know where to find important documentation, including birth certificates,  passports, and social security cards, doctors’ contact information, medication lists, lists of allergies, etc., which will allow them to be prepared in the event that a family member is detained or deported.

 

In the event that a student’s parent/guardian is detained or deported by federal immigration authorities, the District shall use the student’s emergency contact information and release the student to the person(s) designated as emergency contacts. 

 

Alternatively, the District shall release the student into the custody of any individual who presents a Caregiver’s Authorization Affidavit on behalf of the student.  The district shall only contact Child Protective Services if district personnel are unsuccessful in arranging for the timely care of the child through the emergency contact information that the school has, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian.

 

Exceptions to Collection of Personal Information

Any district restriction regarding collection of personal information shall not apply to the collection, disclosure, or use of personal information collected from students for the purpose of developing, evaluating or providing educational 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. 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
  3. Student recognition programs

Parent/Guardian Access to Surveys and Instructional Materials (20 USC 1232h)

The parent/guardian of any district student, upon his/her request, shall have the right to inspect:

  1. A survey or other instrument to be administered or distributed to his/her student that either collects personal information or requests information about beliefs and practices. A parent/guardian has the right to refuse to allow his/her student to participate in the survey. Students whose parents/guardians exercise this option shall not be penalized by the district.
  2. Any instructional material(s) to be used as part of his/her student’s educational curriculum.

Within a reasonable period of time after receiving a parent/guardian’s request, the principal or designee shall permit the parent/guardian to view the survey or other applicable material(s) he/she requested. A parent or guardian may view the material(s) during business hours.

Health Examinations (20 USC 1232h)

No school official or staff member shall subject a student to a non-emergency, invasive physical examination as a condition for school attendance, except as permitted or required under California law.

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 properly authorized hearing, vision, or scoliosis screening.

 

Notifications (20 USC 1232h)

At the beginning of the school year, the Superintendent or Superintendent’s designee shall notify parents/guardians of:

  1. The district’s policy regarding student privacy
  2. The process to opt their children out of participation in any activity described in this policy and administrative regulation.

The Superintendent or Superintendent's designee shall provide parents/guardians with timely notification of the dates during the school year when the following activities are scheduled:

  1. Survey requesting personal information
  2. Physical exams or screenings

Prior to administering anonymous and voluntary surveys regarding health risks and behaviors to students in grades 7-12, the district shall provide parents/guardians with written notice that the survey is to be administered. (Education Code 51938)

 

Parents/guardians shall also be notified of any substantive change in this policy and administrative regulation within a reasonable period of time after adoption of the change.

 

Legal Reference:

Education Code 49450-49457 Physical examinations

Education Code 49602 Confidentiality of pupil information

Education Code 51513 Personal Beliefs

United States Code, Title 20

1232g Family Education Rights and Privacy Act

1232h Protection of pupil rights

 

Policy Adopted: September 11, 2018