115 STAT. 2086 PUBLIC LAW 107-110—JAN. 8, 2002 "(III) not necessary to protect the immediate health and safety of the student, or of other students. "(3) EXISTING POLICIES. —^A local educational agency need not develop and adopt new policies if the State educational agency or local educational agency has in place, on the date of enactment of the No Child Left Behind Act of 2001, policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and guardians of students, in accordance with paragraph (2). "(4) EXCEPTIONS. — " (A) EDUCATIONAL PRODUCTS OR SERVICES. —Paragraph (1)(E) does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following: "(i) College or other postsecondary education recruitment, or military recruitment. "(ii) Book clubs, magazines, and programs providing access to low-cost literary products. "(iii) Curriculum and instructional materials used by elementary schools and secondary schools. "(iv) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments. "(v) The sale by students of products or services to raise funds for school-related or education-related activities. "(vi) Student recognition programs. "(B) STATE LAW EXCEPTION.—The provisions of this subsection— "(i) shall not be construed to preempt applicable provisions of State law that require parental notification; and "(ii) do not apply to any physical examination or screening that is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification. "(5) GENERAL PROVISIONS.— " (A) RULES OF CONSTRUCTION. — "(i) This section does not supersede section 444. "(ii) Paragraph (1)(D) does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). "(B) STUDENT RIGHTS.— The rights provided to parents under this section transfer to the student when the student turns 18 years old, or is an emancipated minor (under an applicable State law) at any age.
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