DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 172
September 1, 2006
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Billy K. Cannaday, Jr. Superintendent
of Public Instruction |
|
SUBJECT: |
Further
Information Regarding the Requirements of HB 1242 |
On May 5, 2006, via Superintendents Memorandum 101,
Informational, we provided you with information regarding legislation passed by
the 2006 session of the Virginia General Assembly. We also indicated that a separate
superintendents memorandum would be issued to provide additional information
on HB 1242 that concerns the administration of questionnaires or surveys to
students. The purpose of this memorandum
is to provide you with that information.
HB 1242 amended
22.1-79.3 of the Code of Virginia. It provides that in any case in which a
questionnaire or survey requesting sexual information of students is to be
administered, the school board shall notify the parent concerning the
administration of such questionnaire or survey in writing not less than 30 days
prior to its administration. The notice
must inform the parent regarding the nature and types of questions included, the purposes and age-appropriateness of the
survey, and whether and how any findings or results will be disclosed. It further provides that parents shall have
the right to review the questionnaire or survey and to
exempt their child from participating in the survey. It prohibits the administration of any
questionnaire or survey requesting sexual information to students in
kindergarten through grade six and, unless required by federal or state law or
regulation, school personnel administering the questionnaire or survey shall
not disclose personally identifiable information.
In accordance with this
legislation, school divisions must notify parents of these surveys, and the
parents must exempt their child if they do not want him to participate.
Federal law, however,
prescribes different requirements for the administration of such surveys. The Protection of Pupil Rights Amendment
(PPRA), 20 U.S.C. section 1232h., governs the administration of a survey,
analysis, or evaluation that concerns one or more of eight protected
areas. One of these areas is sexual
behaviors or attitudes. Under PPRA,
school divisions must provide parents and students with effective notice of
their rights. The notice must explain,
among other things, that for surveys that contain questions about one or more
of the protected areas, including sexual behavior and attitudes, and that are
funded in whole or in part by United States Department of Education (USED) funds,
the school division must obtain prior written consent from parents before
students are required to submit to the survey.
Therefore, while HB 1242 requires school divisions
to provide parents with the opportunity to exempt their children from all such
surveys, federal law requires school divisions to obtain prior written consent
from parents for their childrens participation if the survey is in whole or in
part funded with USED funds.
PPRA has several additional requirements that are of
importance to school divisions. Please contact
your school board attorney for assistance in the application of the PPRA
requirements.
BKC/MJP/jcj