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THE HATCH AMENDMENT

20 U.S.C. 1232 h Protection of Pupil Rights

SEC. 439 (a) . All instructional material, including teacher's 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 parents or guardians of the children engaged in such programs or project. For the purpose of this section "research or experimentation program or project" means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.

No student shall be required, as part of any applicable program, to submit to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal 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 behavior; 5. Critical appraisals of other individuals with whom respondents have 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 such a program.) without the prior consent of the student (if the student is an adult or an emancipated minor), or in the case of unemancipated minor, without the prior written consent of the parent.

(20 U.S.C. 1232 h) Enacted August 21, 1974, P.L. 93-380. sec 514 (a), 88 Stat. 574; amended Nov. 1, 1978, P.L. 95-561, sec. 1250, 92 Stat. 2355, 2356, (General Education Provision Act)

THE GRASSLEY AMENDMENT

SEC. 439 (a). All instructional materials, including teachers 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) No student shall be required, as part of any applicable program, to submit to a SURVEY ANALYSIS, or EVALUATION THAT REVEALS information concerning: (same as 1 through 7 of Hatch Act.)

(c) Education 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 means.

(e) OFFICE OF 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.

(20 U.S.C. 1232 h ) Enacted, August 21, 1974, P.L. 93-380. sec. 514(a), 88 Stat. 574; amended Nov. 1, 1978, P.L. 95-561. sec. 1250, 92 Stat. 2355, amended Sept. 6, 1984, (20 U.S.C. 1232g) effective Nov. 12, 1984. [Grassley Amendment] effective March 17, 1994, P.L. 103.277 (General Education Provision Act.) **********

To file a complaint you must file with the Family Policy Compliance Office, Washington, D.C. Following is their policy on the Grassley Amendment/Hatch Act and their address and telephone number. This is current information as of 9/22/97.

Family Policy Compliance Office (FPCA)

Protection of Pupil Rights Amendment

The Protection of Pupil Rights Amendment (PPRA), 20 U.S C., 1232h, applies to programs that receive funding from the U.S. Department of Education (ED). The Law was amended under the "Goals 2000: Educate America Act" on March 31, 1994. The Department issued a Notice of Proposed Rulemaking (NPRM) on August 28, 1995, to reflect changes in the law. Final regulations are expected in 1 997.

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 sued 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 a 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 facts giving reasonable cause to believe that a violation of PPRA has occurred.

For additional information or technical assistance, you may call (202) 260-3887 voice or (202) 260-8965 TDD or contact:

Family Policy Compliance Office U.S. Department of Education 600 Independence Avenue, S.W. Washington, D.C., 20202-4605


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