Section 1 Short title
This Act may be cited as the “Safeguarding Children’s Privacy in Schools Act”.
Safeguarding Children’s Privacy in Schools Act
A BILL
To amend the Children’s Online Privacy Protection Act of 1998 to provide that a school may not act as the agent of a parent of a child for purposes of providing verifiable parental consent to the collection, use, or disclosure of personal information of the child, and for other purposes.
Sec. 2 Protection of rights of parents regarding personal information of students
The Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) is amended—
in section 1302, by amending paragraph (9) to read as follows:
“(9) Verifiable parental consent—The term “verifiable parental consent”, with respect to the collection, use, and disclosure (as applicable) by an operator of the personal information of a child—
“(A) means consent by a parent of the child to the collection, use, and disclosure (and to any subsequent use of the information) that is obtained by the operator—
“(i) before the information is collected from the child; and
“(ii) after notice to the parent of the operator’s personal information collection, use, and disclosure practices; and
“(B) may include consent to future collection, use, and disclosure described in the notice.”
in section 1303—
in subsection (b)(2)(C)—
in clause (i), by striking “; or” and inserting a semicolon;
by striking clause (ii); and
by striking “that request—” and all that follows through “if, before” and inserting “that request, if, before”; and
by adding at the end the following:
“(e) Prohibition on school or local educational agency acting as agent of parent
“(1) In general—An elementary school, secondary school, or local educational agency, or an employee or other agent of such school or agency, may not act as the agent of a parent of a child enrolled in such school (or in a school served by such agency, as the case may be) for purposes of providing verifiable parental consent under the regulations prescribed under subsection (b), making any request under such regulations, or receiving any notice or other information required to be provided to a parent of the child under such regulations.
“(2) Definitions—In this subsection, the terms “elementary school”, “secondary school”, and “local educational agency” have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”