Law / United States / 
Idaho
Parental Rights in Education, parent access to student records and permission for sensitive student surveys
In force since .
A sensitive categories rule binding government bodies.
- Private right of action
- Yes
- Obligation class
- Consent, Data subject rights
What it requires
- If you are a school district or public charter school, do not let your parental-involvement policy prohibit parents or legal guardians from accessing any of their children's education and health records created, maintained, or used by the school, unless the records relate to physical abuse, abandonment, or neglect by the parent or legal guardian, and provide the records within five school days after a request unless another state or federal law sets a timeline (Idaho Code 33-6001(3)).
- Before a public school employee administers a noncurricular student survey, well-being questionnaire, or health screening to any student, obtain consent from the school's superintendent or designee (Idaho Code 33-6001(8)).
- If a survey, questionnaire, or screening regards an individual student's sexuality, sex, religion, personal political beliefs, mental or psychological problems, personal family information, or individual or family financial information, give the form to the student's parent or legal guardian in advance and obtain the permission of the parent or legal guardian (Idaho Code 33-6001(8)).
- Adopt policies and procedures to accept, evaluate, and remedy a parent's or legal guardian's complaint that rights under section 33-6001 were violated (Idaho Code 33-6001(10)).
These lines are LexLint's reading of the law's text.
What this law does
A parental-involvement policy adopted by a school district or public charter school may not prohibit parents or legal guardians from accessing any of their children's education and health records created, maintained, or used by the public school, unless the documentation relates to physical abuse, abandonment, or neglect by the parent or legal guardian.
Unless another state or federal law sets a timeline, records must be provided to the parent or legal guardian within five school days after a request to access them. Before a public school employee administers a noncurricular student survey, well-being questionnaire, or health screening to any student, the employee must first obtain consent from the school's superintendent or designee.
If the content of the survey, questionnaire, or screening regards an individual student's sexuality, sex, religion, personal political beliefs, mental or psychological problems, personal family information, or individual or family financial information, the public school must give the form to the student's parent or legal guardian in advance and obtain the permission of the parent or legal guardian.
A parent whose rights under the section are violated may file a complaint with the school, and a parent whose complaint is not satisfactorily remedied has a private cause of action for injunctive relief, damages, and any other relief available under law against the school.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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