Parental Rights Under the Protection of Pupil Rights Amendment (PPRA)

Editorial note :  This is not legal advice but it is legal information. This is a summation of work that has been completed by several parents who have championed the Parental Bill of Rights and legal protections for kids and families in Pinellas, Pasco and Hillsborough Counties of Florida.  Do your own research and seek competent legal advice with any questions you may have.  

In the United States, the Protection of Pupil Rights Amendment (PPRA) safeguards the privacy of students and families by restricting schools from engaging in certain types of information gathering without explicit parental consent. The law applies to state and local educational agencies receiving federal funds and governs the administration of surveys, analyses, and evaluations covering sensitive topics. Specifically, schools are prohibited from collecting information on the following without prior parental consent:

1. Political affiliations or beliefs of the student or parents.
2. Mental or psychological problems of the student or family.
3. Sexual behavior or attitudes.
4. Illegal, anti-social, self-incriminating, or demeaning behavior.
5. Critical appraisals of individuals with whom students have close family relationships.
6. Legally recognized privileged relationships, such as those with lawyers, physicians, and ministers.
7. Religious practices, affiliations, or beliefs.
8. Income, except as required by law for determining eligibility for financial assistance​ (LII / Legal Information Institute)​​ (Student Privacy)​​ (Student Privacy Compass)​.

The Importance of Opting Out

Parents in Pinellas, Pasco, and Hillsborough Counties in Florida discovered that the districts attempt to skirt this Federal protection by including permissions for these activities within the student code of conduct or multipage handbooks. While these handbooks may present the option to "opt-in," when parents don't read the entire student code of conduct policies and just sign it, it is crucial for parents to be aware of their right to opt-out of these intrusive inquiries.

Opting out is not only a matter of protecting the privacy of the family but also a way to maintain control over sensitive information that may be shared with schools and potentially third-party organizations. For instance, while some surveys may seem benign or intended for educational improvements, the collection of personal data can sometimes lead to unintended consequences, such as data breaches or misuse of information.  Not only is the district prohibited from this information, but they're using deception to try and get around your and your child's Federally protected rights.  

Moreover, the PPRA requires that schools notify parents annually about their policies and practices concerning these activities and provide parents with an opportunity to inspect related materials. Parents must be given sufficient time to make informed decisions about their children's participation​ (LII / Legal Information Institute)​​ (Student Privacy Compass)​.  As a result, you have to take our action steps every year.  

Action Steps for Parents

1. Review All School Materials: Carefully read the student handbook and any forms requiring signatures at the beginning of the school year. Look for sections related to surveys or personal information collection.
2. Exercise Your Rights: If you wish to opt out of these activities, inform the school in writing using something similar to our template as below. Schools are required to honor your decision without penalizing the student.
3. Stay Informed: Keep up-to-date with your rights under the PPRA and any state-specific laws that might add additional protections or requirements.

In conclusion, while schools in these Florida counties may seek permission for various surveys and evaluations, parents are encouraged to carefully consider the implications and exercise their rights to protect their children's privacy. The PPRA provides a legal framework to ensure that parents remain informed and involved in decisions concerning sensitive information related to their children.

Here's a copy of what they want you to agree to, that is required ONLY because Federal Law prohibits them from doing the things listed unless you opt in. 

This same letter works for Pasco, Pinellas and Hillsborough and should be included with your signed packet for the Student Code of Conduct required at the beginning of the year.  All districts will honor a letter from you following this or a similar structure.  This letter was drafted in 2023, so check the 2024 requirements provided by your school district to make sure the language is still matching, or reasonably close.  You may need to tweak the language to make sure all provisions are exempted.  

Principal :

School :

Student Name :

Grade :

Date of Notification :

The Protection of Pupil Rights Amendment (PPRA) requires the Pinellas County School District to notify me concerning the following School Board policy. The policy requires the district to obtain consent or allow me to opt my child out of participating in surveys. Be advised that you do not have my permission, and should consider this letter as an opt OUT of your ability to discuss any of the following with my child, including but not limited to what is contained in your Student Code of Conduct ANNUAL NOTICE OF SCHOOL BOARD POLICY REQUIRED BY THE PROTECTION OF PUPIL RIGHTS AMENDMENT.

You are NOT to discuss with my child :

A. political affiliations or beliefs of the student or the student’s parent;

B. mental and psychological problems of the student or the student’s family;

C. sexual behavior or attitudes;

D. illegal, anti-social, self-incriminating, or demeaning behavior;

E. critical appraisals of other individuals with whom respondents have close family relationships;

F. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

G. religious practices, affiliations, or beliefs of the student or student’s parent;

H. income (other than that required by law to determined eligibility for participation in a program or before receiving financial assistance under such program).

Any discussion or survey of my child on any of these topics is a violation of The Protection of Pupil Rights Amendment (PPRA).

The district is also to notify me if there is a request from any outside agency for my student to participate in similar surveys or discussions, and is to prohibit any outside agency from engaging my child on any of the above topics.

A copy of this letter is being provided by email and by printed notice for your records.

Sincerely ,