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State by state template created by UOO, http://unitedoptout.com
This is not a legal document. It is for informational purposes only.
Template revised: 6.13.13
1
Testing opt-out/Refusal guide for FLORIDA
Form completed by UOO Administrator (CS)
Contact information [email protected]
Florida FCAT based on Next Generation Florida Sunshine State Standards
(NGSSS) has been replaced by the Florida Standards Assessment Test (FSA)
developed by The American Institutes for Research (AIR) and piloted in Utah.
However, students who scored below proficient levels on NGSSS assessments last
school year and before will be scheduled to take FCAT Retake Assessments and End
of the Course Exams that are based on NGSSS. Below is a list of the FSA and NGSS
based assessments followed by a schedule for the assessments.
Florida Standards Assessments
FSA English Language Arts Writing Component Field Test 4 - 11(select schools only)
FSA English Language Arts Writing Component 4 11 (4th grade paper-based)
FSA English Language Arts/Mathematics 3 4 (paper-based)
FSA English Language Arts 5 11
FSA Mathematics 5 8
Algebra 1, Geometry, Algebra 2 End of Course Assessment
Next Generation Sunshine State Standards (NGSSS) Assessments
FCAT Mathematics Retake (SSS) retained 10 AD
FCAT Reading Retake retained 10 AD
FCAT 2.0 Science 5 and 8
Algebra 1 Retake, Biology 1, Civics, Geometry Retake, U.S. History End of Course Assessments
Other Statewide Assessments
Florida Kindergarten Readiness Screening (FLKRS)
Florida Assessments for Instruction in Reading (FAIR) (optional K-12)
ACT Plan
Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT)
National Assessment of Educational Progress (NAEP) grades 4, 8, 12 reading, math and science
Comprehensive English Language Learning Assessment (CELLA)
Alternative Assessments for Students with Significant Disabilities
Advanced Placement (AP) Exams
Postsecondary Education Readiness Test (PERT)
State by state template created by UOO, http://unitedoptout.com
This is not a legal document. It is for informational purposes only.
Template revised: 6.13.13
2
State by state template created by UOO, http://unitedoptout.com
This is not a legal document. It is for informational purposes only.
Template revised: 6.13.13
3
file:///C:/Users/Ceresta/Downloads/Florida%20Assessment%20Program%202014-
2015%20Schedule%20-%20Copy%20(1).pdf
State by state template created by UOO, http://unitedoptout.com
This is not a legal document. It is for informational purposes only.
Template revised: 6.13.13
4
file:///C:/Users/Ceresta/Downloads/Florida%20transition%20to%20CBT%20-
%20Copy%20(1).pdf
State by state template created by UOO, http://unitedoptout.com
This is not a legal document. It is for informational purposes only.
Template revised: 6.13.13
5
Special Considerations and Graduation Requirements for the Above Assessments
Logistically, a parent can refuse to have their child sit for all state standardized
assessments and still have the child promoted to 4th
grade and graduate with a
standard diploma.
Florida retains students who are unable to pass 3rd grade reading assessments.
However, a Florida statute does allow for portfolio review by teachers and
administrators in lieu of a passing score
(http://www.fldoe.org/board/meetings/2008_02_19/Item%204%201-094221.pdf):
The district school board may only exempt students from mandatory retention, as
provided in paragraph (5) (b), for good cause. Good cause exemptions shall be limited to
the following:
1. Limited English proficient students who have had less than 2 years of instruction in
an English for Speakers of Other Languages program.
2. Students with disabilities whose individual education plan indicates that
participation in the statewide assessment program is not appropriate, consistent with the
requirements of State Board of Education rule.
3. Students who demonstrate an acceptable level of performance on an alternative
standardized reading assessment approved by the State Board of Education.
4. Students who demonstrate, through a student portfolio, that the student is reading on
grade level as evidenced by demonstration of mastery of the Sunshine State Standards in
reading equal to at least a Level 2 performance on the FCAT.
Graduation testing requirements vary depending on when your child entered high
and the particular diploma track he/she is following. 10th grade reading (either
FCAT or FSA) and Algebra I EOC passing scores are requirements for graduation
with a standard high school diploma. Passage of the other EOC tested subjects (tests
are 30% of the course grade) is required as well even though passage of the actual
tests are not required for graduation. EOCs are to be written by individual districts
for every course other than those generated by the state. This school year students
are to take an EOC in every single course in which they are registered. Note: This
policy failed in Texas.
In addition to standard diploma requirements, passage of the 11th
grade FS
language arts assessment, and passage of one industry certification for students specific discipline is required for the Merit Diploma .
Note: When one searches others sites besides the Florida Department of Education,
they may list that Algebra II EOC, Biology EOC, and U.S. History EOC are required
for the Scholars Diploma. Check with the school counselor to determine who and what tests are required for the Scholars Diploma. Also, this distinction is of little consequence for college admission. And, it is causing confusion as to who needs to
take what. See the excerpt from the Orlando Sentinel:
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The "scholar" designation was a small portion of the legislation, but educators say it has
created an outsized amount of frustration and confusion. That's in large part because of its
retroactive test requirements that depend on when students started high school.
The Florida Department of Education has provided conflicting information on its
website about the new testing requirements, and different schools also have given
different guidelines.
Education Department officials said students mostly juniors and seniors might need
to take two exams for courses they've already completed, those in biology and U.S.
history. They said students should not have to take any mathematics exams, as Tilley's
family was told.
"It's unbelievably confusing," said Mike Blasewitz, senior administrator who oversees
Seminole County high schools.
Even though the standards and the names of the assessments have changed, Florida
statutes still allow for the use of concordant scores
(http://fcat.fldoe.org/pdf/fcatpass.pdf) for graduation with a standard diploma.
Keep in mind that SAT and ACT tests (concordant score options) are being revised
to adhere to CCSS. We will post revisions as they come:
"1008.22 (10) CONCORDANT SCORES FOR THE FCAT. --
(a) The Commissioner of Education shall analyze the content and concordant data sets
for nationally recognized high school achievement tests, including, but not limited to, the
PSAT, PLAN, SAT, ACT, and College Placement Test, to assess if concordant scores for
FCAT scores can be determined for high school graduation. When content alignment and
concordant scores can be determined, the Commissioner of Education shall adopt those
scores as meeting the graduation requirement in lieu of achieving the FCAT passing
score and may adopt those scores as being sufficient to achieve additional purposes as
determined by rule. Each time that test content or scoring procedures change for the
FCAT or for a high school achievement test for which a concordant score is determined,
new concordant scores must be determined.
1008.22 (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS. --
(a) The Commissioner of Education shall analyze the content and equivalent data sets
for nationally recognized high school achievement tests and industry certification tests
under the Industry Certification Funding List, pursuant to rules adopted by the State
Board of Education, including, but not limited to, grade 10 FCAT Mathematics retakes
until such retakes are discontinued pursuant to subsection (9), the PSAT, the PLAN, the
SAT, the ACT, and the College Placement Test, to assess if equivalent scores for end-of-
course assessment scores can be determined for passage of an end-of-course assessment.
When content alignment and equivalent scores can be determined, the Commissioner of
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Education shall adopt those scores as meeting the requirement to pass the end-of-course
assessment and as being sufficient to achieve additional purposes as determined by rule.
Each time that assessment content or scoring procedures change for an end-of-course
assessment or for a high school achievement test or an industry certification test under
the Industry Certification Funding List, pursuant to rules adopted by the State Board of
Education for which an equivalent score is determined, new equivalent scores must be
determined.
(b) Use of an equivalent score adopted by the State Board of Education under
paragraph (a) for purposes of grade adjustment, grade forgiveness, or course credit
recovery is contingent upon and subject to district school board rules.
As of October 22, 2013, the test results for the Post-Secondary Education Readiness Test
(PERT) for math can be used as a concordant score for the Algebra EOC if a student is
unable to pass the Algebra EOC. See below:
On September 17, 2013 the State Board of Education approved an amendment to Rule 6A-10.0315, Florida Administrative Code (FAC), addressing changes to college-ready cut scores for the Postsecondary Education Readiness Test (PERT) and the American College Testing Program-Enhanced ACT.
o The effective date for the rule change will be October 22, 2013. Students scores for any tests taken on or after October 22nd must meet these new criteria. Any scores for tests taken prior to October 22nd must meet the previous cut scores.
o Revised college-ready scores for PERT are as follows:
PERT Before October 22, 2013 On or After October 22, 2013 Reading 104 106 Writing 99 103
Mathematics 113 114
o Revised college-ready scores for the ACT are as follows:
ACT Before October 22, 2013 On or After October 22, 2013 Reading 18 19 English 17 17
Mathematics 19 19
In addition, new Rule 6A-1.094223 FAC establishes a concordant score linking the Florida Algebra 1 EOC assessment and the mathematics portion of the PERT.
State by state template created by UOO, http://unitedoptout.com
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8
Assessment Score Algebra 1 Level 3
(Scale Score 399) PERT Mathematics 97
The data mining that was to accompany state testing has been curtailed via the
following declaration:
STATE OF FLORIDA OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 13-276 (Florida Plan for Education Accountability)
WHEREAS, the Federal government has no constitutional authority to unilaterally set academic
standards for Florida, nor any authority to unilaterally direct local school board decisions on
curriculum and instruction; and
WHEREAS, Floridians will not accept Federal government intrusion into the academic standards
that are taught to our students in our classrooms and will not tolerate the Federal government
using such standards to coerce policy decisions at the state or local level on the issues of
assessments, curriculum, and instructional materials, which are within the Constitutional
purview of Florida's state and local governments; and
WHEREAS, the Partnership for Assessment of Readiness for College and Careers (P ARCC)
assessments, as designed today, do not meet the needs of our students or the expectations of state
leaders in their cost effectiveness, length of testing time, prescriptive computer-based testing
requirements, and excessive involvement by the United States Department of Education; and
WHEREAS, Floridians have raised concerns about the Federal government's interest in using
educational standards and assessments to collect data on psychological attitudes, values, and
beliefs; and
WHEREAS, section l002.221 (2) (a), Florida Statutes, directs that without the written consent of
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9
the student or parent, an agency, public school, center, institution, or any other entity that is part
of Florida's education system is prohibited from releasing a student's education records; and
WHEREAS, making changes to the school grades calculation mid-year or during major academic
transitions is unfair to students, parents, and teachers; and
WHEREAS, the State Board of Education can offer stability by limiting changes to Florida's
school grade accountability system until new state assessments are implemented; and
WHEREAS, the United States Department of Education has unfairly issued policies on
achievement measures for English language learners (ELL)/English for speakers of other
languages (ESOL) students and has coerced states to enact them; and
WHEREAS, the State has a specific role in ensuring that districts evaluate the performance of
their teachers and school administrators in a fair and consistent manner; and
WHEREAS, district evaluation systems are intended to meet state standards for high quality and
to include each district's authority for local decision-making so that their evaluation system
supports student learning and addresses the needs of their local system. 1
NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested
in me by the Constitution and the laws of the State of Florida, do hereby issue the following
Executive Order to take immediate effect, in order to ensure a Florida Plan for Education
Accountability that best serves the interests of Floridians:
Section 1. State Standards Assessments
(a) The Commissioner of Education shall recommend to the State Board of Education the
establishment of an open process to procure Florida's next assessment by issuing a competitive
solicitation that sets forth the following assessment criteria:
a. Provides timely and informative reports of results;
b. Includes costs that are in line with current assessment costs;
c. Ensures that testing time for students is not significantly different from current assessments;
d. Provides for summative assessments to occur as close as possible to the end of the school
year;
e. Measures student mastery of the standards taught, including comparability to other states;
f. Includes test quality metrics that are as rigorous as current assessments;
g. Provides results that can be used in conjunction with Florida's school accountability system;
h. Requires technology parameters that are defined and can be supported, including appropriate
accommodations for exceptional students.
(b) The Commissioner of Education shall recommend to the State Board of Education the
termination of Florida's role as the fiscal agent for PARCC no later than December 31, 2013.
Section 2. Student Data Security
(a) The Commissioner of Education shall immediately conduct a student data security review and
issue policies, including internal protocols and operating procedures, for the Department, school
districts, and any assessment provider or other entity with access to student data, in order to
protect student information and prevent any unintended use or release of such information.
(b) The Commissioner of Education shall also make recommendations regarding any needed rule
or legislative change to safeguard the privacy of our students' data by December 31, 2013.
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(c) The Commissioner of Education shall ensure that adequate protections are in place to ensure
that no agency, public school, center, institution, or any other entity that is part of Florida's
education system releases a student's education records without the written consent of the student
or parent to any individual, agency, or organization, except as specifically provided by Florida
law.
Section 3. School Accountability System
(a) The Commissioner of Education shall recommend to the State Board of Education that only
specific changes outlined herein be made to the school accountability system in order to provide
stability and clarity to Florida's students, parents, and teachers during the 2013-14 and 2014-15
school years when schools will transition to new state assessments pursuant to the Florida Plan
for Education Accountability.
2
(b) Changes during this period shall be limited to inclusion of the U.S. History end of course
exam, other technical changes directed by statute, and the adoption of State Board of Education
emergency rules meant to ensure a stable transition.
(c) The Commissioner of Education shall immediately recommend the State Board of Education
resubmit Florida's Elementary and Secondary Education Act (ESEA) waiver and make it clear
that Florida will not comply with terms involving Federal overreach into the handling of ELL and
ESOL student achievement measures in the school accountability system.
(d) The Commissioner of Education and State Board of Education shall continue to make any
necessary recommendations to the Governor and Florida Legislature to further ensure that
Florida's education accountability system is fair and transparent.
Section 4. Teacher Evaluations
The Commissioner of Education shall review the summit participants' contributions regarding
teacher evaluations and provide the Governor, the State Board of Education, and the Legislature
with are commended action plan no later than December 31, 2013, to ensure the successful
implementation of teacher evaluations.
ATTEST:
IN TESTIMONY WHEREOF, I have hereunto set my
hand and have caused the Great Seal of the State of
Florida to be affixed, at Tallahassee, this 23rd day of
September, 2013.
RICK SCOTT, GOVERNOR
The above resolution suggests that modifications will be made to the laws cited below:
Issues with Florida SB 878 Common Core Linked Data Warehouse Bill
Issues with Florida SB 878 Common Core Linked Data Warehouse Bill Karen R. Effrem, MD President, Education Liberty Watch Executive Summary SB 878 is a huge danger to the data privacy of Floridas children and their families for the following reasons:
1) It is being written to comply with the longitudinal data system requirements of the
Stimulus bill in general, the Race to the Top grant program, and the No Child Left
Behind waivers so that the state can receive funds, not on behalf of the students of
Florida and their families.
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2) According to the US. Department of Education, the Common Core related
assessments will be assessing students on various psychological parameters, not just on
academic issues, so that the assessment in Floridas K-20 Warehouse will definitely include psychological assessment data.
3) According to numerous sources, health and psychological data in education
records covered by the Family Education Rights and Privacy Act (FERPA) are not
subject to the Health Insurance Privacy and Portability Act (HIPPA) privacy protections.
4) The bill aligns Floridas data system with the National Center for Education Statistics National Data Model which contains hundreds of data items on each and every
child in the state that include both academic and non-academic data, such as religious
and political affiliations, mental health data, medical data, bus stop and bus route
description, and even DNA sequence. The federal and state governments have no legal
or constitutional right to this amount and detail of information on innocent American
citizens, especially since it is being stored without parental consent.
5) Although the bill language strives to make it appear that privacy is protected by the
various provisions that rely on the Family Educational Rights and Privacy Act (FERPA)
passed by Congress to protect student privacy, the Obama administrations weakening of the law via regulation have created broad exceptions to the requirement to obtain
parental consent before releasing individual data that many entities including a
contractor, consultant, volunteer, or other party Therefore, this very sensitive, private data will go to outside parties and many government entities without parental
consent.
6) The bill combines the K-20 Data Warehouse with the Department of Economic
Opportunitys Wage Record Interchange System so that all of your childs personal and private data will follow them not only throughout their academic careers, but throughout
their work lives as well.
7) The U.S. Department of Education is being sued by the Electronic Privacy
Information Center because it has so weakened the FERPA. [1] And parents, the PTA
and the ACLU in states that are part of the inBloom database that already holds data on
millions of children from nine different states [2], are protesting to education officials
and seem poised to bring lawsuits in those states. Florida will be open to this kind of
legal action if this bill becomes law.
Procedures for opt-out/refusal
For parents who choose to opt out of the testing, following are recommended
procedures:
1. Submit an opt out letter to the school site administrator, which includes your rights as
the parent or legal guardian of the student (see Get Tough Guide on UOO website).
2. Provide your own written statement that you are aware you are not required to keep
your child home during the testing window.
State by state template created by UOO, http://unitedoptout.com
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Template revised: 6.13.13
12
3. Secure alternative in school academic assignments/activities for your child during the
testing window.
4. Know the legal requirements for high school graduation, but advocate for alternative
assessments to be used to determine student proficiency in the required subjects such as a
portfolio review for elementary and middle school students, all of which are voluntary
and will provide the parent with the student's actual completed work demonstrating
proficiency.
4. Be adamant in your resolve to exempt your child from testing, which can include any
or all the following:
Seeking legal assistance
Seeking police protection if your child meets with verbal or physical force in an attempt to have him/her report to a testing area
Organizing and attending regular meetings with opt out support groups or consult online groups
Contacting any of the United Opt Out administrators for additional support or information
Sample language to include in opt-out/refusal
To Whom It May Concern:
Please be advised that our child will not be participating in state standardized testing
during the current school year. Furthermore, we ask that no record of this testing be part
of our child's permanent file, as we do not wish our child to participate in standardized
achievement testing for promotion, graduation, or school/state report cards.
We believe the following of forced, high stakes testing:
Is not scientifically-based and fails to follow the U.S. Government's own data on learning
Fosters test driven education that is not meeting the individual/intellectual needs of students
Presents a racial and economic bias detrimental to second language students, impoverished students, and students of color
Violates fiscal fairness in funding schools
Supports complicity of corporate interests rather than democracy based on public concerns
Fosters coercion over cooperation with regards to federal funding for public education
Promotes a culture of lying, cheating, and exploitation within the school community
Has used the achievement gap to foster a de facto segregation that has resulted in separate and unequal education for minorities
State by state template created by UOO, http://unitedoptout.com
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We understand that federal law provides the parent or guardian the right of choice
regarding standardized testing when such testing violates beliefs. In contrast to our
beliefs, which are firmly rooted in a moral code that embraces equity and fairness, we
believe such testing is not in the best interests of our child since it fosters competition
instead of cooperation, contributes to separate and unequal education for minorities, and
belies our child's intellectual, creative, and problem-solving abilities, while presenting a
fictitious picture as to the impact of the pedagogy provided by our child's individual
educators.
Ultimately, our state is required to provide our child with an education in a least
restrictive environment that does not force us to go against our core beliefs. My child
should proceed to learn and develop at an individual pace following education standards
that are imparted under the guidance of education professionals, not market-based
reformers, who are able to provide quality pedagogy without fear of reprisal if students -
who mature at vastly different levels and come from diverse backgrounds that may or
may not be supportive of intellectual pursuit - do not hit the bulls' eye of a constantly
moving achievement target.
Therefore, we request that the school provide appropriate learning activities during the
testing window and utilize an alternative assessment portfolio or concordant college
testing score to fulfill promotion and or graduation requirements, as our child opts out of
standardized testing.
Sincerely,
Child's Name ____________________________________________
ID#_________________________
Resources and organizations
SOS Florida https://www.facebook.com/groups/149781225088781/members/
Opt Out Orlando https://www.facebook.com/groups/261827207286648/
Parents Across America http://parentsacrossamerica.org/affiliates/
Florida BATS https://www.facebook.com/groups/603022716383300/
Floridians Against Common Core Education http://www.flcommoncore.net/index.html
Opt Out Broward https://www.facebook.com/optout.broward?fref=ts
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State specific watch-list
StudentsFirst Fl. (Michelle Rhee)
Foundation for Excellence in Education (Jeb Bush)
Foundation for Florida's Future (Jeb Bush)
Teach For America (Wendy Kopp)
Parent Revolution
Sen. Anitere Flores (R-38)
Sen. John Thrasher (R-6)
Additional or miscellaneous information
Common Core State Standards (CCSS) were adopted by Florida legislators in 2010.
However, due to pressure from Florida constituents, lawmakers and Florida Department
of Education renamed the Common Core State Standards to be called Florida Standards
(FS). There is negligible difference between CCSS and FS.
FSA, like CCSS, have been implemented without following the laws for experimental
procedure. This lack of following procedure has been referred to as cognitive abuse on
children who are being used as test subjects.
Below is a definition of what is scientifically proven data:
Both the Individuals with Disabilities Education Act (IDEA) and Elementary and
Secondary Education Act (ESEA) require that schools use programs, curricula, and
practices based on scientifically-based research to the extent practicable. This means that whenever possible, the educational interventions being used must be strongly
supported by evidence from well-conducted research studies. Educational research may
be said to be scientific when it includes the following:
Uses a sound research design
Is tested teaching strategy
Is based on high quality data analysis
Researchers who have carefully collected, stored and examined the data
Involves other researchers to review the results
Study is reported in a journal so other researchers can review the methods used and repeat the research in other settings.
From Parentcenternetwork.org-resource
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Also, parents may take into consideration the laws that are allegedly violated by the
standards, the testing, and the data collection.: Constitution, The
General Educational Provisions Act, the No Child Left Behind Act, the
Family Educational Rights and Privacy Act, and the Protection of Pupil Rights
Amendment?
The General Educational Provisions Act (20 USC 1232a) (GEPA) also prohibits
federal overreach. It states:
No provision of any applicable program shall be construed to authorize any department,
agency, officer, or employee of the United States to exercise any direction, supervision,
or control over the curriculum, program of instruction, administration, or personnel of
any educational institution, school, or school system, or over the selection of library
resources, textbooks, or other printed or published instructional materials by any
education institution or school system, or to require the assignment or transportation of
students or teachers in order to overcome racial imbalance.
Elementary and Secondary Education Act of 1965 as amended by the No Child Left
Behind Act of 2001 (20 USC 7907(a)) (NCLBA) also makes the federal over-reach of
CCSS ill-advised. It states:
Nothing in this Act shall be construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local educationalagency, or schools
curriculum, program of instruction, or allocation of State and local resources, or
mandate a State or any subdivision thereof to spend anyfunds or incur any costs not
paid for under this Act.
FERPA Family Educational Rights and Privacy Act (20.U.S.C. Sect 1232g et seq ),
which is a national Student Privacy Law requiring written parental consent. FERPA
provides student and parent access to school records and a parents right to request
modification of them; as well as protecting confidentiality of student records. It should be
noted that a student or teacher who feels that one of these statutes passed by the United
States Congress has been violated by state action may bring an action in a federal court
after exhausting the applicable administrative remedies.
Protection of Pupil Rights Amendment (PPRA), (20 U.S.C. 1232h),
which requires [School District] to notify you and obtain consent or allow you to opt your
child out of participating in certain school activities. These activities include a student
survey, analysis, or evaluation that concerns one or more of the following eight areas
(protected information surveys):
Political affiliations or beliefs of the student or students parent;
Mental or psychological problems of the student or students family
Sex behavior or attitudes;
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Illegal, anti-social, self-incriminating, or demeaning behavior;
Critical appraisals of others with whom respondents have close family
relationships;
Legally recognized privileged relationships, such as with lawyers, doctors, or
ministers;
Religious practices, affiliations, or beliefs of the student or parents; or
Income, other than as required by law to determine program eligibility.
This requirement also applies to the collection, disclosure or use of student
information for marketing purposes (marketing surveys), and certain physical
exams and screenings.