Law / United States /
Guam
Pupil testing consent and limits on access to the pupil accumulative folder
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Data subject rights
- Audit expectation
- none
What it requires
- If you are a public school, give a test of pupil attitudes, parent attitudes, or personal information about the pupil and the family, including their habits or values, personality inventories, value appraisals, psychological inventories and individually administered intelligence tests, only after receiving written parental permission (17 GCA 4113(b)).
- Make test results available to a parent or guardian on request (17 GCA 4113(b)).
- Limit access to a pupil's permanent accumulative folder to the student, the parent or legal guardian and appropriate school personnel, unless the student, parent or guardian gives written permission or a court subpoenas the folder (17 GCA 4113(c)).
- Let a parent or legal guardian inspect the pupil's entire accumulative folder by appointment with the guidance counselor present to prevent misinterpretation of the records and to answer questions, and file in the folder a student's response to its material (17 GCA 4113(c)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 4113 sets consent for personal-attitude testing and access limits for the accumulative folder, and names no log, record-keeping, retention or audit duty beyond the folder itself.
- Kind
- None
- As of
What this law does
Pupils may be tested for proficiency in basic skills and academic subject matter without parental permission, but testing that concerns pupil attitudes, parent attitudes or personal information about the pupil and the family or their habits or values, including personality inventories, value appraisals, psychological inventories and individually administered intelligence tests, may be given only after written parental permission.
Test results must be made available to a parent or guardian on request. Access to a pupil's permanent accumulative folder is limited to the student, the parent or legal guardian and appropriate school personnel, unless the student, parent or guardian gives written permission or a court subpoenas the folder. A parent or legal guardian may inspect the pupil's entire accumulative folder by appointment, and the guidance counselor is responsible for being present.
The folder should be open to challenge by the student or the parent or legal guardian, which does not oblige school personnel to change it, and each student may have a response to material in the folder filed in it. Section 4113 derives from former Government Code section 11207, added by Public Law 13-139 on .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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