Dear Dr. Baughman: Under United States Code (20 USC Sec. 1232h), parents have the right to refuse their childs participation to any mental or psychological survey, analysis, or evaluations, as part of any school program or curriculum which receives funds--directly or indirectly--from the United States Department of Education. See citing below. Nestor -CITE- 20 USC Sec. 1232h 01/05/99 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY Part 4 - Records; Privacy; Limitation on Withholding Federal Funds -HEAD- Sec. 1232h. Protection of pupil rights -STATUTE- (a) Inspection of instructional materials by parents or guardians 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) Limits on survey, analysis, or evaluations 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) Notice 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 and 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. -SOURCE- (Pub. L. 90-247, title IV, Sec. 445, formerly Sec. 439, as added Pub. L. 93-380, title V, Sec. 514(a), Aug. 21, 1974, 88 Stat. 574; amended Pub. L. 95-561, title XII, Sec. 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L. 103-227, title X, Sec. 1017, Mar. 31, 1994, 108 Stat. 268; renumbered Sec. 445, Pub. L. 103-382, title II, Sec. 212(b)(1), Oct. 20, 1994, 108 Stat. 3913.) -MISC1- PRIOR PROVISIONS A prior section 445 of Pub. L. 90-247 was classified to section 1233d of this title prior to repeal by Pub. L. 103-382. AMENDMENTS 1994 - Pub. L. 103-227 amended section generally, substituting in subsec. (a), provisions relating to inspection of instructional materials by parents or guardians for similar provisions, in subsec. (b), provisions relating to limits on survey, analysis, or evaluations for provisions relating to psychiatric or psychological examinations, testing, or treatment, and adding subsecs. (c) to (e). 1978 - Pub. L. 95-561 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3 of this title. EFFECTIVE DATE Section 514(b) of Pub. L. 93-380 provided that: ''The amendment made by subsection (a) (enacting this section) shall be effective upon enactment of this Act (Aug. 21, 1974).''