Policies and Regulations NEPN Code: ILD

Student Surveys/Protection of Pupil Rights Act

The Sioux Falls School District shall comply with the provisions of the Federal Protection of Pupil Rights Act (PPRA) and its amendments and state law governing the following activities (“Activities”): the administration of surveys, analyses or evaluations; collection of personal information from students for marketing purposes; and certain non-emergency medical examinations required for school attendance. Personal information includes a student’s or parent’s first and last name; a home or other physical address; and or a telephone number.

The District shall provide parents notice of their rights under the PPRA annually. Additionally, the District will directly notify parents of students who are scheduled to participate in the above Activities and will provide parents the opportunity to consent, as required by the PPRA and state law. The District will notify parents at the beginning of the year of any pre-scheduled activities, and will provide reasonable notification for activities scheduled after the school year begins.

Parental consent or student consent if the student is an adult or emancipated minor will be obtained prior to student participation in any survey that concerns one or more of the following protected areas:

  1. Political affiliations or beliefs of the student or the student’s parent;
  2. Mental or psychological problems or aspects of the student or the student’s family;
  3. Sex behavior or attitudes of the student or the student’s family;
  4. Illegal, anti-social, self-incriminating, or demeaning behavior;
  5. Critical appraisals of others with whom respondents have close family relationships;
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, doctors, or ministers;
  7. Religious practices, affiliations, or belief of the student or the student’s parent; or
  8. Personal or family gun ownership; or
  9. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Parents have the right to inspect, upon request: any survey and/or supplementary materials; instructional material used as part of the educational curriculum; and any instrument used to collect personal information from students for marketing, sales, or distribution purposes. Any request to so inspect must be presented in writing to the Building Principal/Program Administrator within ten (10) days of receiving notice of activity or survey.

This policy does not apply to the collection, disclosure, or use of personal information collection from students for the exclusive purpose of developing, evaluations, or providing educational products or services for or to students or educational institutions.


Related Policies/Regulations:

JRA/JRA-R Student Records

Legal References:

Protection of Pupil Rights Amendment 20 U.S.C. §1232h; 34 C.F.R. Part 98
Family Educational Rights and Privacy Act 20 U.S.C. §1232g; 34 C.F. R. Part 99
Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act 20 U.S.C. §7908
SDCL 13-3-51.2 Information not subject to survey, analysis or evaluation without consent


Policy   Board Action
Adopted: 09-08-14 36702
Amended: 01-12-15 37102
Reviewed 04-13-20 38569