Section 1 Short title
This Act may be cited as the “Protecting Education Privacy Act”.
Protecting Education Privacy Act
A BILL
To clarify the requirements of authorized representatives under the Family Educational Rights and Privacy Act of 1974, and for other purposes.
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—
in paragraph (1)(C)(i)(III), by inserting “or local” after “State”;
in paragraph (3)—
by striking “(A)” and inserting “(i)”;
by striking “(B)” and inserting “(ii)”;
by striking “(C)” and inserting “(iii)”;
by striking “(3) Nothing” and inserting the following: “(3)(A) Nothing”;
by inserting “or local” after “State”;
by striking “programs:” and inserting “programs.”;
by striking “Provided, That except” and inserting the following:
“(B) Except”
by striking “such officials” and inserting “the officials described in items (i) through (iii) of subparagraph (A)”; and
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.”
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.”
Sec. 3 FERPA regulations
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early childhood education program, and education program in section 99.3 of title 34, Code of Federal Regulations, are repealed and shall have no legal effect.
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.