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).''