‘‘(9) The Secretary of Agriculture, or the des-
ignee of the Secretary from the Food and Nutrition 
Service acting on behalf of the Food and Nutrition 
Service, for the purposes of conducting program 
monitoring, evaluations, and performance measure-
ments of State and local educational and other agen-
cies and institutions receiving funding or providing 
benefits of 1 or more programs authorized under the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.) for which the results 
will be reported in an aggregate form that does not 
identify any individual, on the conditions that— 
‘‘(A) any data collected under this para-
graph shall be protected in a manner that will 
not permit the personal identification of stu-
dents and their parents by anyone other than 
the Secretary of Agriculture or the designee of 
such Secretary; 
‘‘(B) any personally identifiable informa-
tion shall be destroyed when the information is 
no longer needed for program monitoring, eval-
uations, or performance measurements; and 
‘‘(C) the parents of the student have been 
notified that the student’s education records 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
will be disclosed for the purposes described in 
this paragraph. 
‘‘(10) Accrediting organizations in order to 
carry out their accrediting functions. 
‘‘(11) Parents of a dependent student of such 
parents, as defined in section 152 of the Internal 
Revenue Code of 1986. 
‘‘(12) In connection with an emergency, appro-
priate persons if the knowledge of such information 
is necessary to protect the health or safety of the 
student or other persons. 
‘‘(13) Teachers and school officials who have le-
gitimate educational interest in the behavior of the 
student, including teachers and school officials in 
another educational agency or institution who need 
to know information in the education record of a 
student to protect the safety of their students, if the 
information concerns disciplinary action taken 
against a student for conduct that posed a signifi-
cant risk to the safety or well-being of that student, 
other students, or other members of the educational 
agency or institution community. 
‘‘(14)(A) An agency caseworker or other rep-
resentative of a State or local child welfare agency, 
or tribal organization (as defined in section 4 of the 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b)), who has the right to access 
a foster youth’s case plan (as defined and deter-
mined by the State or tribal organization), when 
such agency or organization is legally responsible (in 
accordance with State or tribal law), for the care 
and protection of the student in foster care place-
ment, provided that the education records, or the 
personally identifiable information contained in such 
records, of the student will not be released by such 
agency or organization, except to an individual or 
entity engaged in addressing the student’s education 
needs and authorized by such agency or organization 
to receive such disclosure, and such disclosure is 
consistent with the State or tribal laws applicable to 
protecting the confidentiality of a student’s edu-
cation records. 
‘‘(B) Nothing in this paragraph shall prevent a 
State from further limiting the number or type of 
State or local officials who will continue to have ac-
cess under this paragraph.’’. 
(b) TRANSFER
AND REDESIGNATIONS.—(1) Sub-
section (b)(1) (20 U.S.C. 1232g(b)(1)) is amended by 
moving subparagraph (J) so that it appears at the end 
of subsection (c) (as so amended). 
VerDate Sep 11 2014 
20:39 Jul 27, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
(2) Subparagraph (J) of subsection (c) (20 U.S.C. 
1232g(c)), as amended by paragraph (1), is further 
amended— 
(A) by striking ‘‘(J)(i)’’ and inserting ‘‘(15)’’; 
and 
(B) by striking ‘‘(ii)’’ and inserting ‘‘(16)’’. 
SEC. 6. DISCLOSURE OF RECORDS FOR COLLEGE ADMIS-
SIONS, CREDIT, AND AID. 
Subsection (d) (20 U.S.C. 1232g(d)) is amended to 
read as follows: 
‘‘(d) DISCLOSURE OF RECORDS FOR COLLEGE AD-
MISSIONS, CREDIT, AND AID.— 
‘‘(1) IN GENERAL.—Records, files, documents, 
information, or other materials that are collected 
during or based on the administration of an exam-
ination that meets the requirements of paragraph 
(2) may be used or released by the developer of such 
examination, provided that— 
‘‘(A) such developer is not an educational 
agency or institution or State educational au-
thority; and 
‘‘(B) such records, files, documents, infor-
mation, or other materials are released by such 
developer solely for the purposes of college ad-
missions, college placement, college academic 
VerDate Sep 11 2014 
20:39 Jul 27, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
credit, or college scholarships to any entity eli-
gible to receive funds under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.) or any entity that has a legitimate in-
terest in such records, files, documents, infor-
mation, or other materials to award scholar-
ships to a student for attendance at an institu-
tion of higher education. 
‘‘(2) EXAMINATION.—An examination covered 
under paragraph (1) is an examination that— 
‘‘(A) may culminate in academic credit 
that is widely accepted by institutions of higher 
education; 
‘‘(B) is norm-referenced and used for col-
lege admissions or scholarship purposes; or 
‘‘(C) is administered by institutions of 
higher education for purposes of college place-
ment.’’. 
SEC. 7. RULES OF CONSTRUCTION. 
Subsection (e) (20 U.S.C. 1232g(e)) is amended to 
read as follows: 
‘‘(e) RULES OF CONSTRUCTION.— 
‘‘(1) DISCIPLINARY PROCEEDINGS.— 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—Nothing in this sec-
tion shall be construed to prohibit an institution 
of higher education from disclosing— 
‘‘(i) to an alleged victim of any crime 
of violence (as that term is defined in sec-
tion 26 of title 18, United States Code), or 
a nonforcible sex offense, the final results 
of any disciplinary proceeding conducted 
by such institution against the alleged per-
petrator of such crime or offense with re-
spect to such crime or offense; or 
‘‘(ii) the final results of any discipli-
nary proceeding conducted by such institu-
tion against a student who is an alleged 
perpetrator of any crime of violence (as 
that term is defined in section 16 of title 
18, United States Code), or a nonforcible 
sex offense, if the institution determines as 
a result of that disciplinary proceeding 
that the student committed a violation of 
the institution’s rules or policies with re-
spect to such crime or offense. 
‘‘(B) DEFINITION.—For the purpose of 
this paragraph, the final results of any discipli-
nary proceeding— 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) shall include only the name of the 
student, the violation committed, and any 
sanction imposed by the institution on that 
student; and 
‘‘(ii) may include the name of any 
other student, such as a victim or witness, 
only with the written consent of that other 
student. 
‘‘(2) DRUG AND ALCOHOL DISCLOSURES.— 
‘‘(A) IN GENERAL.—Nothing in this Act or 
the Higher Education Act of 1965 shall be con-
strued to prohibit an institution of higher edu-
cation from disclosing, to a parent or legal 
guardian of a student, information regarding 
any violation of any Federal, State, or local law, 
or of any rule or policy of the institution, gov-
erning the use or possession of alcohol or a con-
trolled substance, regardless of whether that in-
formation is contained in the student’s edu-
cation records, if— 
‘‘(i) the student is under the age of 
21; and 
‘‘(ii) the institution determines that 
the student has committed a disciplinary 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
violation with respect to such use or pos-
session. 
‘‘(B) STATE
LAW
REGARDING
DISCLO-
SURE.—Nothing in this paragraph shall be con-
strued to supersede any provision of State law 
that prohibits an institution of higher education 
from making the disclosure described in sub-
paragraph (A). 
‘‘(3) ADAM
WALSH
CHILD
PROTECTION
AND 
SAFETY ACT OF 2006.— 
‘‘(A) IN GENERAL.—Nothing in this Act 
shall be construed to prohibit an educational 
agency or institution from disclosing informa-
tion provided to the agency or institution under 
the Adam Walsh Child Protection and Safety 
Act of 2006 (42 U.S.C. 16901 et seq.). 
‘‘(B) NOTIFICATION.—The Secretary shall 
take appropriate steps to notify educational 
agencies and institutions that disclosure of in-
formation described in subparagraph (A) is per-
mitted.’’. 
SEC. 8. OTHER DISCLOSURES. 
Such section (20 U.S.C. 1232g) is further amend-
ed— 
(1) by striking subsection (f); and 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
(2) by redesignating subsection (j) as sub-
section (f). 
SEC. 9. MARKETING AND ADVERTISING BAN. 
Subsection (g) (20 U.S.C. 1232g(g)) is amended to 
read as follows: 
‘‘(g) MARKETING AND ADVERTISING BAN.— 
‘‘(1) GENERAL PROHIBITION.—No person with 
access to an education record or a student’s person-
ally identifiable information contained in the edu-
cation record shall market or otherwise advertise di-
rectly to students with the use of the information 
gained through access to such record or information. 
‘‘(2) PROHIBITIONS RELATING TO EDUCATION 
SERVICE PROVIDERS.—Subject to paragraph (3), an 
educational agency or institution or State edu-
cational authority shall not contract or enter into an 
agreement with an education service provider that 
has a policy or practice of using, releasing, or other-
wise providing access to personally identifiable infor-
mation in the education record of a student— 
‘‘(A) to advertise or market a product or 
service; or 
‘‘(B) for the development of commercial 
products or services. 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(3) EXCEPTIONS.—The prohibitions described 
in paragraph (2) shall not apply with respect to— 
‘‘(A) official school pictures, class rings, 
yearbooks, or other traditional school-sanc-
tioned commemorative products, events, or ac-
tivities; 
‘‘(B) personally identifiable information 
which may be used by an education service pro-
vider to develop, diagnose, or deliver services to 
improve a student’s academic outcomes or to 
assist an educational agency or institution to 
develop, diagnose, or deliver services to improve 
a student’s academic outcomes; 
‘‘(C) an educational agency or institution 
or State educational authority sharing informa-
tion on educational opportunities offered by 
such agency, institution, or authority; or 
‘‘(D) in a case in which the parent of a 
student at an educational agency or institution 
has provided written consent for an educational 
service provider described in paragraph (2) to 
carry out the activities described in such para-
graph with the personally identifiable informa-
tion contained in such student’s education 
record.’’. 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 10. GENERAL RULES ON DISCLOSURE OR RELEASE OF 
INFORMATION. 
Subsection (h) (20 U.S.C. 1232g(h)) is amended to 
read as follows: 
‘‘(h) GENERAL RULES ON DISCLOSURE OR RELEASE 
OF INFORMATION.— 
‘‘(1) IN GENERAL.—A disclosure or release of 
education records or personally identifiable informa-
tion in such records under this section shall be lim-
ited to records or information determined by the ap-
propriate educational agency or institution or State 
educational authority to be necessary to meet the 
specific conditions of the permitted disclosures listed 
under subsection (c). 
‘‘(2) STATE OR LOCAL LAWS.—A State or local 
law may further restrict the permitted disclosures or 
release of information under subsection (c) or pro-
vide additional rights to parents with respect to the 
disclosure of education records (or the personally 
identifiable information contained therein).’’. 
SEC. 11. ENFORCEMENT. 
Subsection (i) (20 U.S.C. 1232g(i)) is amended to 
read as follows: 
‘‘(i) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall take 
appropriate actions to enforce this section and to ad-
VerDate Sep 11 2014 
20:39 Jul 27, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
dress violations of this section, in accordance with 
this Act, except that action to terminate assistance 
may be taken only if the Secretary finds there has 
been a failure to comply with this section, and the 
Secretary has determined that compliance cannot be 
secured by voluntary means. 
‘‘(2) FINES.— 
‘‘(A) EDUCATIONAL AGENCIES AND INSTI-
TUTIONS.—The Secretary may impose, on an 
educational agency or institution, or State edu-
cational authority, for failure to voluntarily 
comply with this section or for a substantial 
violation of this section (which may include a 
single violation), a fine equal to a minimum of 
$100 and a maximum of $1,500,000, depending 
on the severity of the violation, except in no 
case may such a fine exceed 10 percent of the 
annual budget of such agency or institution, or 
authority. 
‘‘(B) OTHER PARTIES.—With respect to a 
release of an education record or personally 
identifiable 
information 
contained 
therein, 
which was made by a party that is not subject 
to a fine under subparagraph (A), and which 
violates this section because the release was 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
made without the parental consent required 
under this section, or in violation of a written 
agreement entered into under this section or 
another provision of this section, the Secretary 
shall— 
‘‘(i) refer such violation, and the sup-
porting material for such violation, to the 
Commissioner of the Federal Trade Com-
mission or the Attorney General for action; 
and 
‘‘(ii) require the educational agency or 
institution, or local educational agency or 
State educational authority involved to 
prohibit access to such personally identifi-
able information by such party (or individ-
uals who worked for or with such party at 
the time of such violation) for a period of 
not less than 5, and not more than 12 
years, as determined by the Secretary. 
‘‘(3) DISTRIBUTION
OF
CERTAIN
MONETARY 
PENALTIES COLLECTED.—Any monetary penalty or 
settlement collected under this subsection with re-
spect to an offense punishable under this section 
shall be transferred to the Secretary to be used for 
the purposes of providing technical assistance on pri-
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
vacy and security and enforcing the provisions of 
this section.’’. 
SEC. 12. COMPLIANCE OFFICE. 
Such section (20 U.S.C. 1232g) is further amended 
by adding at the end the following: 
‘‘(j) COMPLIANCE OFFICE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish or designate an office within the Department for 
the purpose of investigating, processing, reviewing, 
and adjudicating violations of this section and inves-
tigating, processing, reviewing, and adjudicating 
complaints which may be filed concerning alleged 
violations of this section. This office shall be the of-
ficial office within the Department to address pri-
vacy concerns in student education records. 
‘‘(2) REGIONAL OFFICES.—Except for the con-
duct of hearings, none of the functions of the Sec-
retary under this section shall be carried out in any 
of the regional offices of such Department.’’. 
SEC. 13. PROHIBITION ON DATA GATHERING. 
Such section (20 U.S.C. 1232g) (as amended by sec-
tion 12) is further amended by adding at the end the fol-
lowing: 
‘‘(k) PROHIBITION ON DATA GATHERING.—No sur-
vey or data-gathering activities shall be conducted by the 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
Secretary, or an administrative head of an education agen-
cy under an applicable program, unless such activities are 
authorized by Federal law.’’. 
SEC. 14. REGULATIONS. 
Such section (20 U.S.C. 1232g) (as amended by sec-
tion 13) is further amended by adding at the end the fol-
lowing: 
‘‘(l) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary, in accord-
ance with this section and section 446, shall adopt 
appropriate regulations or procedures or identify ex-
isting regulations or procedures, which protect the 
rights of privacy of students and their families in 
connection with any surveys or data-gathering activi-
ties conducted, assisted, or authorized by the Sec-
retary or an administrative head of an education 
agency and ensure that parents are aware of their 
rights under those sections. 
‘‘(2) 
CONTENTS.—Regulations 
established 
under this subsection shall include provisions con-
trolling the use, dissemination, and protection of 
such data.’’. 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 15. DEFINITIONS. 
Such section (20 U.S.C. 1232g) (as amended by sec-
tion 14) is further amended by adding at the end the fol-
lowing: 
‘‘(m) DEFINITIONS.—For purposes of this section: 
‘‘(1) AUTHORIZED REPRESENTATIVE.— 
‘‘(A) IN GENERAL.—The term ‘authorized 
representative’ means any individual, agency, or 
organization— 
‘‘(i) who is an employee or contractor 
designated by an official listed in sub-
section (c)(5)(B) to conduct an activity de-
scribed in clause (i), (ii), or (iii) of sub-
section (c)(5)(A); and 
‘‘(ii) who is under the direct control of 
an official listed in subsection (c)(5)(B) 
with respect to the use and maintenance of 
education records. 
‘‘(B) LIMITATION ON RELEASE OF INFOR-
MATION.—An authorized representative shall 
not release to any individual, agency, or organi-
zation, any education records or personally 
identifiable information of a student collected 
while serving as an authorized representative, 
except that an authorized representative may 
release such records or such information in a 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
case in which the authorized representative is in 
compliance with information security require-
ments of subparagraphs (A) and (C) of sub-
section (b)(6), and such representative— 
‘‘(i) has written consent from the stu-
dent’s parents specifying the education 
records to be released; 
‘‘(ii) releases such records or informa-
tion to the official under whom the author-
ized representative is an employee or con-
tractor; or 
‘‘(iii) releases such records or infor-
mation— 
‘‘(I) in compliance with the pub-
lically available, written agreement 
specifying the terms of such release 
and permitting such release without 
the written consent of the student’s 
parents; and 
‘‘(II) under the approval of the 
official under whom such representa-
tive is working as an employee or con-
tractor. 
‘‘(2) DIRECTORY INFORMATION.—The term ‘di-
rectory information’ includes, with respect to a stu-
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
dent, the student’s name, address, telephone listing, 
electronic mail address, date and place of birth, 
major field of study, grade level, and enrollment sta-
tus in higher education, dates of attendance, partici-
pation in officially recognized activities and sports, 
weight and height (if the student is a member of an 
athletic team for an official game program or roster 
at an educational agency or institution), dates of at-
tendance, degrees, honors and awards received, and 
the name of the educational agency or institution 
most recently attended by the student. 
‘‘(3) EDUCATIONAL AGENCY OR INSTITUTION.— 
The term ‘educational agency or institution’ means 
any public or private elementary school or secondary 
school, local educational agency, or institution of 
higher education, which is— 
‘‘(A) principally engaged in the provision 
of education, including early childhood edu-
cation, to students; and 
‘‘(B) the recipient of funds under an appli-
cable program. 
‘‘(4) EDUCATION RECORDS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘education records’ 
means those records, files, documents, and 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
other materials which contain information di-
rectly related to a student and are— 
‘‘(i) 
maintained, 
electronically, 
digitally, or physically, by an educational 
agency or institution, or by a person acting 
for such agency or institution; 
‘‘(ii) accessible, collected, used, or 
maintained by a party described in sub-
section (c)(2) in the course of providing 
services to a school official; or 
‘‘(iii) created by or for a State edu-
cational authority, without regard to 
whether the student who attends a school 
subject to this section attends a school 
under the jurisdiction of such State edu-
cational authority. 
‘‘(B) LIMITATIONS.—The term ‘education 
records’ does not include— 
‘‘(i) records of instructional, super-
visory, and administrative personnel and 
educational personnel ancillary thereto 
which are not created in conjunction with 
the student and are in the sole possession 
of the maker thereof and which are not ac-
cessible or revealed to any other person; 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) records maintained by a law en-
forcement unit of the educational agency 
or institution that were created by that law 
enforcement unit for the purpose of law 
enforcement; 
‘‘(iii) in the case of persons who are 
employed by an educational agency or in-
stitution but who are not in attendance at 
such agency or institution, records made 
and maintained in the normal course of 
business which relate exclusively to such 
person in that person’s capacity as an em-
ployee and are not available for use for any 
other purpose; or 
‘‘(iv) records on a student who is 18 
years of age or older, or is attending an in-
stitution of higher education, which are 
made or maintained by a physician, psy-
chiatrist, psychologist, or other recognized 
professional or paraprofessional acting in 
his professional or paraprofessional capac-
ity, or assisting in that capacity, and which 
are made, maintained, or used only in con-
nection with the provision of treatment to 
the student, and are not available to any-
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
one other than the student (if showing the 
student the records would not be detri-
mental to the student or others) or persons 
providing such treatment, except that such 
records can be personally reviewed by a 
physician or other appropriate professional 
of the student’s choice. 
‘‘(C) MAINTAIN.—The term ‘maintain’ 
when used with respect to an education record, 
means keeping, retaining, conserving, or pre-
serving such education record, in any manner, 
whether physically, electronically or digitally, 
for any non-trivial length of time, except that 
student tests and papers that are peer-graded 
are not maintained until such tests or papers 
are turned into or collected by the teacher or 
other school official involved. 
‘‘(5) EDUCATION
SERVICE
PROVIDER.—The 
term ‘education service provider’ means any pro-
vider, other than a school official or employee, of 
services developed and targeted to students for an 
educational purpose, whether specifically marketed 
to schools, institutions of higher education, edu-
cational agency or institution employees or officers, 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
or other individuals primarily engaged in the provi-
sion of education services. 
‘‘(6) ESEA TERMS.—The terms ‘elementary 
school’, ‘secondary school’, and ‘local educational 
agency’ have the meanings given such terms in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
‘‘(8) PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘personally identifiable informa-
tion’ means— 
‘‘(A) any information (such as a student’s 
name, Social Security number, email address, 
or parent’s name), or compilation of informa-
tion, in electronic, digital, or paper form that, 
alone or in combination, is linked or linkable to 
a specific student that would allow a reasonable 
person in the school community, who does not 
have personal knowledge of the relevant cir-
cumstances, to identify the student with reason-
able certainty; 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) biometric information, including any 
record of one or more measurable biological or 
behavioral characteristics that may be used for 
automated recognition of a student, such as fin-
gerprints, retina and iris patterns, voiceprints, 
DNA sequence, facial characteristics, and hand-
writing; or 
‘‘(C) information in an education record 
requested by a person who an educational agen-
cy or institution reasonably believes knows the 
identity of the student to whom the education 
record relates. 
‘‘(9) STATE
EDUCATIONAL
AUTHORITY.—The 
term ‘State educational authority’ means a State 
agency or other entity in charge of the education 
programs of a State. 
‘‘(10) STUDENT.—The term ‘student’ includes 
any person with respect to whom an educational 
agency or institution maintains education records or 
personally identifiable information, but does not in-
clude a person who has not been in attendance at 
such agency or institution.’’. 
VerDate Sep 11 2014 
00:35 Jul 25, 2015
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3157.IH
H3157
SSpencer on DSK4SPTVN1PROD with BILLS