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2500 Rights of Privacy (Testing)

2500 Rights of Privacy (Testing)

Testing Washington County School District - Adopted 6-9-94; Revised 5-11-99

1. Purpose:

This policy provides for the written consent of parents and/or legal guardians prior to the administration of a psychological or psychiatric examination, test, or treatment, in accordance with Utah Family Education Rights and Privacy Act of 1994 (53A-13-301 through 302; Utah Code Annotated 1953).

2. Policy:

2.1. Written consent of a student's parent or legal guardian is required prior to the administration of any psychological or psychiatric examination, test, or treatment, where the purpose or effect is to reveal information concerning the student's or any family member's:

2.1.1. political affiliations or philosophies; 

2.1.2. mental or psychological problems;

2.1.3. sexual behavior, orientation, or attitudes;

2.1.4. illegal, anti-social, self-incriminating, or demeaning behavior;

2.1.5. critical appraisals of individuals with whom the student or family member has close family relationships;

2.1.6. religious affiliations or beliefs;

2.1.7. legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and

2.1.8. income, except as required by law.

2.2. The prohibitions listed in Section 2.1 above, also apply to the curriculum or other school activities unless prior written consent of the student's parent or legal guardian has been obtained.

2.3. Written parental consent is valid only if a parent or legal guardian has been first given written notice, including notice that a copy of the educational or student survey questions to be asked of the student in obtaining the desired information is made available at the school, and a reasonable opportunity to obtain written information concerning;

2.3.1. records or information, including information about relationships, that may be examined or requested; 

2.3.2. the means by which the records or information shall be examined or reviewed;

2.3.3. the means by which the information is to be obtained;

2.3.4. the purposes for which the records or information are needed;

2.3.5. the entities or persons, regardless of affiliation, who will have access to the personally identifiable information.

2.4. Except in response to a situation which a school employee reasonably believes to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be given at least two weeks, before information protected under this policy is sought.

2.5. Unless otherwise agreed to by a student's parent or legal guardian and the person requesting written consent, the authorization is valid only for the activity for which it was granted.

2.6. A written withdrawal of authorization submitted to the school principal by the authorizing parent or guardian terminates the authorization.

2.7. A general consent, including a general consent used to approve placement in a special education program, or involvement in a remedial program, or consent to participate in a regular school activity, does not constitute written consent under this policy.

2.8. This policy does not limit the ability of a student under Section 53A-13-101.3 to spontaneously express sentiments or opinions otherwise protected against disclosure under this policy.

2.9. If a school employee or agent believes that a situation exists which presents a serious threat to the well being of a student, that employee or agent shall notify the student's parent or guardian without delay.

2.10. If, however, the matter has been reported to the Division of Child and Family Services within the Department of Human Services, it is the responsibility of the division to notify the student's parent or guardian of any possible investigation, prior to the student's return home from school.

2.10.1. The division may be exempted from the notification requirements described in this section only if it determines that the student would be endangered by notification of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.

2.11 The school principal shall ensure that all certified faculty members are trained with regards to this policy. Appropriate action under the District Discipline and Termination will be taken with regard to those employees who violate this policy.

3. Procedure:

3.1. The Parental Permission to Review and/or Obtain Personal Information (Form 940) is to be used to allow a parent, legal guardian, or eligible student to grant permission to access or examine personally identifiable information described in Section 2.1 above.

Attachments:

Form 940 - Parental Permission to Review/Obtain Personal Information/Privacy in Testing