Title: Protecting Education Privacy Act
Policy area: Education

Summary:
Protecting Education Privacy Act
This bill amends the Family Educational Rights and Privacy Act of 1974, and repeals specified provisions of regulations promulgated under that Act, to further limit the release of a student's educational record or personally identifiable information.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5224 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5224

  To clarify the requirements of authorized representatives under the 
   Family Educational Rights and Privacy Act of 1974, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2018

Mr. Luetkemeyer (for himself, Mr. Sessions, Mrs. Wagner, and Mr. Cole) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To clarify the requirements of authorized representatives under the 
   Family Educational Rights and Privacy Act of 1974, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Education Privacy Act''.

SEC. 2. AMENDMENTS TO FERPA.

    Section 444(b) of the General Education Provisions Act (20 U.S.C. 
1232g(b)) (commonly known as the ``Family Educational Rights and 
Privacy Act of 1974'') is amended--
            (1) in paragraph (1)(C)(i)(III), by inserting ``or local'' 
        after ``State'';
            (2) in paragraph (3)--
                    (A) by striking ``(A)'' and inserting ``(i)'';
                    (B) by striking ``(B)'' and inserting ``(ii)'';
                    (C) by striking ``(C)'' and inserting ``(iii)'';
                    (D) by striking ``(3) Nothing'' and inserting the 
                following: ``(3)(A) Nothing'';
                    (E) by inserting ``or local'' after ``State'';
                    (F) by striking ``programs:'' and inserting 
                ``programs.'';
                    (G) by striking ``Provided, That except'' and by 
                inserting the following:
                    ``(B) Except'';
                    (H) by striking ``such officials'' and inserting 
                ``the officials described in items (i) through (iii) of 
                subparagraph (A)''; and
                    (I) by adding at the end the following:
                    ``(C)(i) For purposes of this section, the term 
                `authorized representative' means an individual who--
                                    ``(I) is designated as an 
                                authorized representative by an 
                                official described in item (i), (ii), 
                                or (iii) of subparagraph (A); and
                                    ``(II) is under the direct control, 
                                as a contractor or employee, of such 
                                official.
                            ``(ii) An authorized representative shall 
                        not release any educational records or 
                        personally identifiable information collected 
                        while serving as an authorized representative 
                        to any individual, agency, or organization, 
                        other than the official under whom the 
                        authorized representative is under the direct 
                        control.''; and
            (3) by adding at the end the following new paragraph:
            ``(8) Nothing in this section may be construed to authorize 
        the educational records or the personally identifiable 
        information of students to be shared, without the written 
        consent of their parents, for the development of commercial 
        products or services.''.

SEC. 3. FERPA REGULATIONS.

    (a) Repeals.--The definitions of the terms ``authorized 
representative'', ``early childhood education program'', and 
``education program'' in section 99.3 of title 34, Code of Federal 
Regulations, are repealed and shall have no legal effect.
    (b) Certain Regulations Prohibited.--The Secretary of Education 
shall not promulgate or enforce any regulation or rule that defines 
``early childhood education program'' or ``education program'' for any 
purpose under section 444 of the General Education Provisions Act (20 
U.S.C. 1232g) (commonly known as the ``Family Educational Rights and 
Privacy Act of 1974'') on or after the date of enactment of this Act.
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