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Student & Family Privacy Rights

Photo of students and their families participating in activities during the BPAC Field Day

Surveys

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 6:10, Educational Philosophy and Objectives, or assist students’ career choices. 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 at Third party

Before a school official or staff member administers or distributes a survey or evaluation created by a third party to a student, the student’s parent(s)/guardian(s) may inspect the survey or evaluation, upon their request and within a reasonable time of their request. This 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.

Parents who object to disclosure of information concerning their child to a third party may do so in writing to the building principal.

Surveys Requesting Personal Information

School officials and staff members shall not request, nor disclose, the identity of any student who completes any survey or evaluation (created by any person or entity, including the district) contained one or more of the following items:

1. Political affiliations or beliefs of the student or the student’s parent/guardian.

2. Mental or psychological problems of the student or the student’s family.

3. Behavior or attitudes about sex.

4. Illegal, anti-social, self-incriminating, or demeaning behavior.

5. Critical appraisals of other individuals with whom students have close family relationships.

6. Legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers.

7. Religious, practices, affiliations, or beliefs of the student or the student’s parent/guardian.

8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The student’s parent(s)/guardian(s) may:

1. Inspect the survey or evaluation upon, and within a reasonable time of, their request, and/or;

2. Refuse to allow their child to participate in the activity described above. The school shall not penalize any student whose parent(s)/guardian(s) exercised this option.


 

Equal Educational Opportunities-Policy 7:010

Equal educational and extracurricular opportunities shall be available for all students without regard to color, race, national origin, religion, sex, sexual orientation, ancestry, age,  physical or mental disability, military status, unfavorable military discharge, gender identity, status of being homeless, immigration status, order of protection status, reproductive health decisions, actual or potential marital or parental status, including pregnancy.

Sex Equity

No student shall, based on sex, sexual orientation, or gender identity be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, advantage, or denied equal access to educational and extracurricular programs and activities.

Any student may file a sex equity complaint by using Board Policy 2:260, Uniform Grievance Procedure. A student may appeal the Board’s resolution of the complaint to the appropriate Intermediate Service Center (pursuant to 105 ILCS 5/3-10) and, thereafter, to the State Superintendent of Education (pursuant to 105 ILCS 5/2-3.8). 

Administrative Implementation 

The Superintendent shall appoint a Nondiscrimination Coordinator. The Superintendent and Building Principal shall use reasonable measures to inform staff members and students of Board Policy 7:010, Equal Educational Opportunities, and the grievance procedure. 

Student rights and responsibilities-policy 7:130

All students are entitled to enjoy the rights protected by the U.S. and Illinois Constitutions and laws for persons of their age and maturity in a school setting. Students should exercise these rights reasonably and avoid violating the rights of others. Students who violate the rights of others or violate district policies or rules will be subject to disciplinary measures. 

Students may, during the school day, during non instructional time, voluntarily engage in individually or collectively initiated, non-disruptive prayer or religious-based meetings that, consistent with the Free Exercise and Establishment Clauses of the U.S. and Illinois Constitutions, are not sponsored, promoted, or endorsed in any manner by the school or any school employee. Noninstructional time means time set aside by a school before actual classroom instruction begins or after actual classroom instruction ends.

5essentials

In order to capture student (grades 4-12), guardian, teacher, and administration voice, Illinois utilizes the 5Essentials Survey as a quality indicator for school accountability purposes.

There is evidence that school culture and climate has an impact on student achievement. Therefore, Illinois currently requires districts to use the 5Essentials Survey or an alternate survey selected from a list approved by the State Superintendent.

District 62 encourages all our families, applicable students, and staff to participate in the survey so that we can effectively respond to stakeholder feedback.

instructional material

A student’s family/guardian(s) may inspect, upon their request, any instructional material used as part of their child/ward’s educational curriculum within a reasonable time of their request.

The term “instructional material” means instructional content that is provided to a student, regardless of its formal, 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.

physical exams or screenings

No school official or staff member shall subject a student to a non-emergency, invasive physical examination or screening as a condition of school attendance. The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

The above paragraph does not apply to any physical examination or screening that:

  1. Is permitted or required by an applicable state law, including physical examinations or screenings that are permitted without parental notification.
  2. Is administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
  3. Is otherwise authorized by School Board Policy.

Notification of Rights and Procedures

The Superintendent or designee shall notify students’ parents/guardians of:

1. This policy as well as its availability from the general administration office and district website.

2. How to opt their child out of participation in activities as provided in this policy.

3. The approximate dates during the school year when a survey requesting personal information, as described above, is scheduled, or expected to be scheduled.

4. How to request access to any survey or other material described in this policy.

This notification shall be given to parents/guardians at least annually, at the beginning of the school year, and within a reasonable period after any substantive change in this policy.

Prohibition on selling or marketing students' personal information

No school official or staff member shall market or sell personal information concerning students (or otherwise provide that information to others for that purpose). The term personal information means individually identifiable information including: (1) a student 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) a telephone number, (4) a social security identification number or (5) a driver’s license number or state identification card.

Unless otherwise prohibited by law, the above paragraph does not apply: (1) if the student’s parent(s)/guardian(s) have consented; or (2) to the collection, disclosure or, use of 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: 

  1. Book clubs, magazines, and progress providing access to low-cost literary products.
  2. Curriculum and instructional materials used by elementary schools and middle schools.
  3. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
  4. The sale by students of products or services to raise funds for school-related or education-related activities.
  5. Student recognition programs.

Under no circumstances may a school official or staff member provide a student’s personal information to a business organization or financial institution that issues credit or debit cards.

EDUCATION OF CHILDREN WITH DISABILITIES (BOARD POLICY 6:120)

The school district shall provide a free appropriate public education in the least restrictive environment and necessary related services to all children with disabilities enrolled in the district, as required by the Individuals with Disabilities Education Act (IDEA) and implementing provisions of the School Code, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

The term “children with disabilities” as used in this policy, means children between ages 3 and 15 for whom it is determined, through definitions and procedures described in the Illinois State Board of Education rules, that special education services are needed.

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.

For students eligible for services under IDEA, the district shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities provided in the Illinois State Board of Education’s Special Education rules.

For those students who are not eligible for services under IDEA, but, because of disability as defined by Section 504 of the Rehabilitation Act of 1973, need or are believed to need special instruction or related services, the district shall establish and implement a system of procedural safeguards.  The safeguards shall cover students’ identification, evaluation, and educational placement.

This system shall include notice, an opportunity for the student’s parent(s)/guardian(s) to examine relevant records, an impartial hearing with opportunity for participation by the student’s parent(s)/guardian(s), representation by counsel, and a review procedure.

The district may maintain membership in one or more cooperative associations of school districts that shall assist the district in fulfilling obligations to the district’s disabled students.

If necessary, students may also be placed in nonpublic special education programs or education facilities.