Protecting Education Privacy Act

Bill: 113-hr-3604
Sponsor: full_name: Rep. Luetkemeyer, Blaine [R-MO-3]
Introduced: 2013-11-21
Policy area: Education
Subjects: Administrative law and regulatory procedures

Department of Education

Education programs funding

Elementary and secondary education

Preschool education

Right of privacy

School administration

Student records
Latest action: action_date: 2013-11-21
text: Referred to the House Committee on Education and the Workforce.

Summaries:
action_date: 2013-11-21
action_desc: Introduced in House
text: <p>Protecting Education Privacy Act - Amends provisions of the Family Educational Rights and Privacy Act of 1974 that prohibit the Department of Education from funding educational agencies or institutions that release student educational records (or personally identifiable information other than certain directory information) to any individual, agency, or organization without written parental consent.</p> <p>Expands the list of individuals exempt from such prohibitions (thereby permitting the educational agencies or institutions participating in a Department of Education program to release records or identifiable information to such individuals without parental consent) to include authorized representatives of local educational authorities.</p> <p>Defines &quot;authorized representative,&quot; for purposes of determining the individuals authorized to access student records in specified circumstances, as an individual who is: (1) designated by the Comptroller General (GAO), Secretary of Education, or state or local educational authorities; and (2) under the direct control, as a contractor or employee, of such officials.</p> <p>Prohibits students' educational records or personally identifiable information from being: (1) released by an authorized representative to any individual, agency, or organization, other than the official who has direct control over such representative; or (2) shared, without the written parental consent, for the development of commercial products or services.</p> <p>Repeals Department of Education regulations that define &quot;authorized representative,&quot; &quot;early childhood education program,&quot; and &quot;education program.&quot; Prohibits the Secretary from promulgating or enforcing any regulation that defines such programs.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3604 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Luetkemeyer (for himself, Mr. Bishop of Utah , and Mr. Harris ) 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.

1. Short title This Act may be cited as the Protecting Education Privacy Act . 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. . 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.