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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.



    20 USC Sec. 1232h                                            01/05/99
    Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

    Sec. 1232h. Protection of pupil rights
    (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
        (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
    (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.
    (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.)
                              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.
      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
      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).''

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