Protecting Education Privacy Act

Bill: 117-hr-5339
Sponsor: full_name: Rep. Luetkemeyer, Blaine [R-MO-3]
Introduced: 2021-09-22
Policy area: Education
Latest action: action_date: 2021-09-22
text: Referred to the House Committee on Education and Labor.

Summaries:
action_date: 2021-09-22
action_desc: Introduced in House
text: <p><b>Protecting Education Privacy Act</b></p> <p>This bill limits&nbsp;the release of&nbsp;students' personally identifiable information contained in education records. </p> <p>The bill includes local educational authorities among the officials designated as authorized representatives of an education agency with access to student records.</p> <p> Authorized representatives must be under the direct control of the agency.</p> <p>The bill prohibits (1) the use of students' personally identifiable information for the development of commercial products or services without the written consent of their parents, and (2) the Department of Education from promulgating or enforcing any regulation that defines<i> early childhood education program</i> or <i>education program</i> for any purpose under the Family Educational Rights and Privacy Act of 1974 on or after this bill's enactment.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5339 IN THE HOUSE OF REPRESENTATIVES September 22, 2021 Mr. Luetkemeyer (for himself and Mr. Sessions ) introduced the following bill; which was referred to the Committee on Education and Labor 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 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 personally identifiable information contained in education records 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) (A) Nothing in this section may be construed to authorize the personally identifiable information contained in education records of students to be shared, without the written consent of their parents, for the development of commercial products or services. (B) In this section, the term commercial products or services does not include official school pictures, class rings, yearbooks, or other traditional school-sanctioned commemorative products, events, or activities. . 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.