Butte School District
THE BOARD OF TRUSTEES
2132
Student and Family Privacy Rights
All fundamental parental rights are exclusively reserved to the parent of a child without obstruction or interference by a government entity as consistently recognized in state and federal courts and as required by state and federal law and District policy.
Surveys - General
All surveys requesting personal information from students, as well as any other instrument used to collect personal information from students, must advance or relate to the District’s educational objectives as identified in Board Policy. This applies to all surveys, regardless of whether the student answering the questions can be identified and regardless of who created the survey.
Surveys Created by a Third Party
Before the District administers or distributes a survey created by a third party to a student, the student’s parent(s)/guardian(s) may inspect the survey upon request and within a reasonable time of their request. This section applies to every survey: (1) that is created by a person or entity other than a District official, staff member, or student, (2) regardless of whether the student answering the questions can be identified, and (3) regardless of the subject matter of the questions.
Surveys Requesting Personal Information
School officials and staff members shall not request, nor disclose, the identity of any student who completes ANY survey containing one (1) or more of the following items:
The student’s parent(s)/guardian(s) may:
- Inspect the survey within a reasonable time of the request, and/or
- Refuse to allow their child to participate in any survey requesting personal information. The school shall not penalize any student whose parent(s)/guardian(s) exercise this option.
No student in the District shall be required, as part of any applicable program, to submit to any survey, analysis, or evaluation that includes the above-noted information 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. This provision specifically documents the arrangements taken to protect student privacy in accordance with 20 USC § 1232h(c)(1)(a)(b).
Instructional Material
A student’s parent(s)/guardian(s) may, within a reasonable time of the request, inspect any instructional material used as part of their child’s educational curriculum.
The term “instructional material,” for purposes of this policy, means instructional content that is provided to a student, regardless of its format, printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
Collection of Personal Information from Students for Marketing Prohibited
The term “personal information,” for purposes of this section only, means individually identifiable information including: (1) a student’s or parent’s first and last name, (2) a home or other physical address (including street name and the name of the city or town), (3) telephone number, or (4) a Social Security identification number.
The District will not collect, disclose, or use student personal information for the purpose of marketing or selling that information or otherwise providing that information to others for that purpose.
The District, however, is not prohibited from collecting, disclosing, or using 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:
Notification of Rights and Procedures
This policy shall be posted on the District’s website and provided in a manner specified in accordance with law and policy. The Superintendent or designee shall notify students’ parents/guardians of:
This notification shall be given parents/guardians at least annually at the beginning of the school year and within a reasonable period after any substantive change in this policy. The rights provided to parents/guardians in this policy transfer to the student, when the student turn 18 years of age or is an emancipated minor.
NOTE: This policy must be adopted in consultation with parents. 20 U.S.C. § 1232h(c)(1). Therefore, MTSBA recommends that, at a minimum, Boards specifically note this on their meeting agendas and request public comment prior to adoption.
Cross Reference:
3410 Student Health
2311 Instructional Materials
3200 Student Rights and Responsibilities
20 U.S.C. 1232h Protection of Pupil Rights
Policy History:
Adopted on: 10/18/04
Revised on: 2/20/2024
- 2000 - Goals
- 2100 - School Year Calendar & Day
- 2105 - Grade Organization
- 2110 - Objectives
- 2113 - Pre-Kindergarten Programs
- 2120 - Curriculum Development & Assessment
- 2130 - Program Evaluation & Diagnostic Tests
- 2132 - Student & Family Privacy Rights
- 2140 - Guidance & Counseling
- 2150 - Suicide Awareness and Prevention
- 2151 - Interscholastic Activities
- 2158 - Family Engagement Policy
- 2160 - Title I Parent Involvement
- 2160P - Title I Parent Involvement Continued
- 2161 - Special Education
- 2161P - Special Education Continued
- 2162 - Section 504 of the Rehabilitation Act of 1973
- 2162P - Section 504 of the Rehabilitation Act of 1973 Continued
- 2163 - Traffic Education
- 2166 - Gifted Program
- 2167 - Correspondence Courses
- 2170 - Montana Digital Academy (MDA)
- 2170F-1 Montana Digital Academy (MTDA) Consent Form (opens in new window)
- 2170P - Montana Digital Academy (MDA) Instruction
- 2171 - Significant Writing Program
- 2221 - School Closure
- 2221P - School Closure Continued
- 2240 - Summer School
- 2250 - Community & Adult Education
- 2309 - Library Materials
- 2310 - Selection of Library Materials
- 2311 - Instructional Materials
- 2310P - Selection of Library Materials Continued
- 2311P - Selection, Adoption & Removal of Textbooks & Instructional Materials
- 2312 - Copyright
- 2314 - Learning Materials Review
- 2314 F-1 - Request Form for Reconsideration of Learning Materials (opens in new window)
- 2314 F-2 Reconsideration of Learning Materials for Review Committee (opens in new window)
- 2320 - Field Trips, Excursions & Outdoor Education
- 2322 - Contest for Students
- 2330 - Controversial Issues & Academic Freedom
- 2332 - Student Religious Activities at School
- 2333 - Participation in Commencement Exercises
- 2335 - Instruction - Health Enhancement (opens in new window)
- 2335F1 - Human Sexuality Annual Notice 11-2022 (opens in new window)
- 2335F2 - Human Sexuality 48 hour notice- 11-2022 (opens in new window)
- 2413 - Instruction - Credit Transfer/Assessment for Placement
- 2420 - Intruction - Grading and Progress Reports
- 2420P - Instruction
- 2450 - Recognition of Native American Cultural Heritage
- 2510 - School Wellness Policy
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