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Policies » Section I: Instruction » ILD: Non-Educational Questionnaires, Surveys, And Research

Policy Date: 10/10/2023

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Separate federal and state laws require that written consent be obtained from a parent or
guardian before a student participates in a non-educational survey or questionnaire that asks
about information not directly related to a student’s academics.

Federal law, the Protection of Pupil Rights Amendment, imposes the prior written consent
requirement only if the survey, analysis, or evaluation or its administration is paid for or in any
way uses federal funds from the federal Department of Education and reveals information
concerning the following:

1. Political affiliations;
2. Behavioral health conditions
3. Sexual behavior and attitudes;
4. Illegal, anti-social, self-incriminating, and demeaning behavior;
5. Critical appraisals of other individuals with whom respondents have close family
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).

State law, RSA 186:11, IX-d, imposes the prior written consent requirement on questionnaires,
or other documents designed to elicit information about:

1. A student’s social behavior;
2. family life;
3. religion;
4. politics;
5. sexual orientation;
6. sexual activity;
7. drug use;
8. or any other information not related to a student’s academics.

School District Approval
For the purpose of this policy, “non-academic survey” shall include a survey, analysis, or
evaluation which seeks any information in the categories listed above. All non-academic
surveys must have the prior approval of the Superintendent or his/her designee.

Surveys conducted for other agencies, organizations or individuals must have the
recommendation of the Superintendent and the approval of the School Board as to content and
purpose. The results of such approved surveys must be shared with the School Board.

No questionnaire or survey requesting sexual information will be administered to any student in
kindergarten through grade six unless required by federal or state law or regulation. School
personnel administering any such questionnaire or survey will not disclose personally
identifiable information.

Parental Notification

Prior written consent from a parent or legal guardian is required to administer a non-academic
survey to a student, unless the student is an adult or an emancipated minor who consents.

Parents/Guardians will be notified at least ten (10) days prior to administration when a school
intends to administer a non-academic survey. Included in the notice will be information
regarding the purpose of the non-academic survey, how the survey will be administered; how it
will be utilized; and the persons or entities that will have access to the results of the completed
survey. Parents or guardians may choose to inspect a non-academic survey, available at the
school and on the school‘s website, at least 10 days prior to distribution to students. Parents
may refuse to give consent for their student to participate, with or without first reviewing the
non-academic survey. The school will not penalize students whose parents/guardians decline
to provide written consent. The school will take reasonable precautions to protect student
privacy during their participation in any non-academic survey.

Youth Risk Behavior Survey Developed by the Centers for Disease Control and

State law does not require prior written consent from a parent or guardian for administration of
the Youth Risk Behavior Survey developed by the Centers for Disease Control and Prevention.
Guidance issued by the Center for Disease Control, United States Department of Health and
Human Services, concludes that federal law, including the Protection of Pupil Rights
Amendment, also does not require prior written consent from parents or guardians because
students are not required to participate and the survey is not paid for by the United States
Department of Education. As required by both New Hampshire and federal law, the District
shall provide parents and guardians with notice at least ten (10) days before the Youth Risk
Behavior Survey is administered. Parents may inspect the Youth Risk Behavior Survey at the
school’s administrative office. Parents or guardians may opt their student out of participating
in the Youth Risk Behavior Survey by providing the Principal with written notice. District staff
administering the Youth Risk Behavior Survey shall insure students understand that
participation is voluntary and that students who opt-out will not be penalized.

Miscellaneous Provisions

This policy 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:

a. College or post-secondary education recruitment, or military recruitment
b. Book clubs, magazines, and programs providing access to low-cost literary products;
c. Curriculum and instructional materials used by schools;
d. Tests and assessments used by schools to provide cognitive, evaluative, diagnostic,
clinical, aptitude, or achievement information about students, or to generate other statistical
data for educational purposes;
e. The sale of products or services to raise funds for school-related or education-related activities; and
f. Student recognition programs.

Legal Reference:
20 U.S.C. § 1232h; 34 CFR Part 98, RSA 186:11, IX-d

Adopted: December 8, 2015
Revised: March 13, 2018, October 10, 2023