           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
    Part 4--Records; Privacy; Limitation on Withholding Federal Funds
 
Sec. 1232h. Protection of pupil rights


(a) Inspection of instructional materials by parents or guardians

    All instructional materials, including teacher's 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) Limits on survey, analysis, or evaluations

    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;
        (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 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),

without the prior consent of the student (if the student is an adult or 
emancipated minor), or in the case of an unemancipated minor, without 
the prior written consent of the parent.

(c) Notice

    Educational 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 and 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.

(Pub. L. 90-247, title IV, Sec. 445, formerly Sec. 439, as added Pub. L. 
93-380, title V, Sec. 514(a), Aug. 21, 1974, 88 Stat. 574; amended Pub. 
L. 95-561, title XII, Sec. 1250, Nov. 1, 1978, 92 Stat. 2355; Pub. L. 
103-227, title X, Sec. 1017, Mar. 31, 1994, 108 Stat. 268; renumbered 
Sec. 445, Pub. L. 103-382, title II, Sec. 212(b)(1), Oct. 20, 1994, 108 
Stat. 3913.)


                            Prior Provisions

    A prior section 445 of Pub. L. 90-247 was classified to section 
1233d of this title prior to repeal by Pub. L. 103-382.


                               Amendments

    1994--Pub. L. 103-227 amended section generally, substituting in 
subsec. (a), provisions relating to inspection of instructional 
materials by parents or guardians for similar provisions, in subsec. 
(b), provisions relating to limits on survey, analysis, or evaluations 
for provisions relating to psychiatric or psychological examinations, 
testing, or treatment, and adding subsecs. (c) to (e).
    1978--Pub. L. 95-561 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 
1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3 of 
this title.


                             Effective Date

    Section 514(b) of Pub. L. 93-380 provided that: ``The amendment made 
by subsection (a) [enacting this section] shall be effective upon 
enactment of this Act [Aug. 21, 1974].''
