[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR98.4]



[Page 314-315]

 

                           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.



[[Page 315]]



    (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))