How'd the 9th Circus get around this?:
Protection of Pupil Rights Amendment (PPRA)
(known as the Hatch Amendment)
The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. §1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education (ED). PPRA is intended to protect the rights of parents and students in two ways:
It seeks to ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children participate; and
It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning:
1. Political affiliations;
2. Mental and psychological problems potentially embarrassing to the student and his/her 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).
Parents or students who believe their rights under PPRA may have been violated may file a complaint with ED by writing the Family Policy Compliance Office. Complaints must contain specific allegations of fact giving reasonable cause to believe that a violation of PPRA occurred.
For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339. Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
For more information:
http://www.ed.gov/policy/gen/guid/fpco/ppra/index.html
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....Consent before students are required to submit to a survey that concerns one or more of the following protected areas ("protected information survey") if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)-
1. Political affiliations or beliefs of the student or student's parent;
2. Mental or psychological problems of the student or student's family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
Receive notice and an opportunity to opt a student out of -
1. Any other protected information survey, regardless of funding;
http://www.ed.gov/policy/gen/guid/fpco/ppra/modelnotification.html
******
APRIL 2002
The following document presents a general explanation of the recent changes to FERPA and PPRA made by Congress. It also provides a general description of the two U.S. Supreme Court cases involving FERPA. The Department will issue guidance and/or regulations to provide the public with interpretations of these changes.
http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht04-10-02.html
The court ignored the fact that the consent form never mentioned anything about sex. The court gave the gubmint a free pass to deliberately deceive parents.
A violation of that statute was not alleged in the complaint, would be my guess. Either the statute as not violated, the attorney filing the complaint didn't know of the statute, or the statute doesn't provide a private right of legal action.
(b) Limits on survey, analysis, or evaluationsBest I can tell, the survey was not mandatory. That is, no student was required, as part of any applicable program, to submit to a survey, analysis, or evaluation. Participation was voluntary, and contingent on the parent signing a consent form. The parents consented to the survey without knowing its contents.
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 or beliefs of the student or the student's parent;
(2) mental or psychological problems of the student or the student's family;
(3) sex behavior or attitudes; ...
I'd have to dig a bit further to figure out if the statute creates any right of private action by a parent or student; or if the statute operates only between the federal funding authority and the offending school district.
One more reason to get the feds out of the public education business.