34 CFR PART 98—PROTECTION OF PUPIL RIGHTS AMENDMENT
Below are the regulations at 34 CFR Part 98 implementing section 445 of the General Education Provisions Act (GEPA)(20 U.S.C. 1232h), which is commonly referred to as the Protection of Pupil Rights Amendment (PPRA). These regulations can also be found at the Electronic Code of Federal Regulations: Title 34, Part 98--Protection of Pupil Rights Amendment.
Since the enactment of these regulations in September 1984, there have been significant amendments to section 445 of GEPA by the No Child Left Behind Act of 2001 (NCLB) passed in 2002, Pub. L. 107-110, and by Goals 2000: Educate America Act, Pub. L. 103-227, passed in 1994. The regulations do not reflect these most recent amendments to PPRA, and certain provisions in the current regulations are superseded by these statutory amendments. The current statute can be found at https://www.govinfo.gov/content/pkg/USCODE-2010-title20/pdf/USCODE-2010-title20-chap31-subchapIII-part4-sec1232h.pdf
§98.3 Access to instructional material used in a research or experimentation program.
(a) All instructional material—including teachers' manuals, films, tapes, or other supplementary instructional material—which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians of the children engaged in such program or project.
(b) For the purpose of this part research or experimentation program or project means any program or project in any program under §98.1 (a) or (b) that is designed to explore or develop new or unproven teaching methods or techniques.
(c) For the purpose of the section children means persons not above age 21 who are enrolled in a program under §98.1 (a) or (b) not above the elementary or secondary education level, as determined under State law.
§98.4 Protection of students' privacy in examination, testing, or treatment.
(a) No student shall be required, as part of any program specified in §98.1 (a) or (b), to submit without prior consent to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal information concerning one or more of the following:
(1) Political affiliations;
(2) Mental and psychological problems potentially embarrassing to the student or his or her family;
(3) Sex behavior and attitudes;
(4) Illegal, anti-social, self-incriminating and demeaning behavior;
(5) Critical appraisals of other individuals with whom the student has close family relationships;
(6) Legally recognized privileged and 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 a program.
(b) As used in paragraph (a) of this section, prior consent means:
(1) Prior consent of the student, if the student is an adult or emancipated minor; or
(2) Prior written consent of the parent or guardian, if the student is an unemancipated minor.
(c) As used in paragraph (a) of this section:
(1) Psychiatric or psychological examination or test means a method of obtaining information, including a group activity, that is not directly related to academic instruction and that is designed to elicit information about attitudes, habits, traits, opinions, beliefs or feelings; and
(2) Psychiatric or psychological treatment means an activity involving the planned, systematic use of methods or techniques that are not directly related to academic instruction and that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.
(a) The Secretary has designated an office to provide information about the requirements of section 439 of the Act, and to investigate, process, and review complaints that may be filed concerning alleged violations of the provisions of the section.
(b) The following is the name and address of the office designated under paragraph (a) of this section: Family Educational Rights and Privacy Act Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.
(a) Only a student or a parent or guardian of a student directly affected by a violation under Section 439 of the Act may file a complaint under this part. The complaint must be submitted in writing to the Office.
(b) The complaint filed under paragraph (a) of this section must—
(1) Contain specific allegations of fact giving reasonable cause to believe that a violation of either §98.3 or §98.4 exists; and
(2) Include evidence of attempted resolution of the complaint at the local level (and at the State level if a State complaint resolution process exists), including the names of local and State officials contacted and significant dates in the attempted resolution process.
(c) The Office investigates each complaint which the Office receives that meets the requirements of this section to determine whether the recipient or contractor failed to comply with the provisions of section 439 of the Act.
(Approved by the Office of Management and Budget under control number 1880-0507)
(a) If the Office receives a complaint that meets the requirements of §98.7, it provides written notification to the complainant and the recipient or contractor against which the violation has been alleged that the complaint has been received.
(b) The notice to the recipient or contractor under paragraph (a) of this section must:
(1) Include the substance of the alleged violation; and
(2) Inform the recipient or contractor that the Office will investigate the complaint and that the recipient or contractor may submit a written response to the complaint.
(a) If the recipient or contractor does not comply during the period of time set under §98.9(c), the Secretary may either:
(1) For a recipient, take an action authorized under 34 CFR part 78, including:
(i) Issuing a notice of intent to terminate funds under 34 CFR 78.21;
(ii) Issuing a notice to withhold funds under 34 CFR 78.21, 200.94(b), or 298.45(b), depending upon the applicable program under which the notice is issued; or
(iii) Issuing a notice to cease and desist under 34 CFR 78.31, 200.94(c) or 298.45(c), depending upon the program under which the notice is issued; or
(2) For a contractor, direct the contracting officer to take an appropriate action authorized under the Federal Acquisition Regulations, including either:
(i) Issuing a notice to suspend operations under 48 CFR 12.5; or
(ii) Issuing a notice to terminate for default, either in whole or in part under 48 CFR 49.102.
(b) If, after an investigation under §98.9, the Secretary finds that a recipient or contractor has complied voluntarily with section 439 of the Act, the Secretary provides the complainant and the recipient or contractor written notice of the decision and the basis for the decision.