|
|
|
|
Protection
of Pupil Rights (Hatch Amendment) Goals
2000, Educate America Act— Sec.
1017.
PROTECTION OF PUPILS Section
439 of the General Education Provisions Act (20 U.S.C.
1232g) is amended to read as follows: "PROTECTION
OF PUPIL RIGHTS "Sec.
439.
(a) All instructional materials, including teacher's manuals, films, tapes, or
other supplementary material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program shall be available for
inspection by the parents or guardians of the children. "(b)
No student shall be required, as part of any applicable program, to submit to a
survey, analysis, or evaluation that reveals information concerning— "(1)
political affiliations; "(2)
mental and psychological problems potentially
embarrassing to the student or his family; "(3)
sex behavior and attitudes; "(4)
illegal, anti-social, self-incriminating and
demeaning behavior; "(5)
critical appraisals of other individuals with whom
respondents have close family relationships; "(6)
legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and ministers; or "(7)
income (other than that required by law to determine
eligibility for participation in a program or for receiving financial assistance
under such program), without
the prior consent of the student (if the student is an adult or emancipated
minor), or in the case of an unemancipated minor,
without the prior written consent of the parent. "(c)
Educational agencies and institutions shall give parents and students effective
notice of their rights under this section. "(d)
Enforcement.—The Secretary shall take such action as the Secretary determines
appropriate to enforce this section, except that action to terminate assistance
provided under an applicable program shall be taken only if the Secretary
determines that— "(1)
there has been a failure to comply with such section; and "(2)
compliance with such section cannot be secured by
voluntary means. "(e)
Office of Review Board.—The Secretary shall establish or designate an office
and review board within the Department of Education to investigate, process,
review, and adjudicate violations of the rights established under this
section.". |