[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR98.4]

[Page 296]
 
                           TITLE 34--EDUCATION
 
PART 98--STUDENT RIGHTS IN RESEARCH, EXPERIMENTAL PROGRAMS, AND TESTING--
Table of Contents
 
Sec. 98.4  Protection of students' privacy in examination, testing, or 
treatment.

    (a) No student shall be required, as part of any program specified 
in Sec. 98.1 (a) or (b), to submit without prior consent to psychiatric 
examination, testing, or treatment, or psychological examination, 
testing, or treatment, in which the primary purpose is to reveal 
information concerning one or more of the following:
    (1) Political affiliations;
    (2) Mental and psychological problems potentially embarrassing to 
the student or his or her family;
    (3) Sex behavior and attitudes;
    (4) Illegal, anti-social, self-incriminating and demeaning behavior;
    (5) Critical appraisals of other individuals with whom the student 
has 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 a program.
    (b) As used in paragraph (a) of this section, prior consent means:
    (1) Prior consent of the student, if the student is an adult or 
emancipated minor; or
    (2) Prior written consent of the parent or guardian, if the student 
is an unemancipated minor.
    (c) As used in paragraph (a) of this section:
    (1) Psychiatric or psychological examination or test means a method 
of obtaining information, including a group activity, that is not 
directly related to academic instruction and that is designed to elicit 
information about attitudes, habits, traits, opinions, beliefs or 
feelings; and
    (2) Psychiatric or psychological treatment means an activity 
involving the planned, systematic use of methods or techniques that are 
not directly related to academic instruction and that is designed to 
affect behavioral, emotional, or attitudinal characteristics of an 
individual or group.

(Authority: 20 U.S.C. 1232h(b))