HR 2724 — Protecting Education Privacy Act

Summary

Protecting Education Privacy Act This bill limits the release of students' personally identifiable information contained in education records. The bill includes local educational authorities among the officials designated as authorized representatives of an education agency with access to student records. Authorized representatives must be under the direct control of the agency. 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 early childhood education program or education program for any purpose under the Family Educational Rights and Privacy Act of 1974 on or after this bill's enactment.

Bill Text

• Introduced Introduced in House Current html May 14, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies definitions and requirements regarding authorized representatives under the Family Educational Rights and Privacy Act.

• 20 U.S.C. 1232g(b)(1)(C)(i)(III)

  or local

  This change expands the definition of authorized representatives to include local officials.

• 20 U.S.C. 1232g(b)(3)

  (A) → (i)

  This change redefines subsections to a more standard numbering format.

• 20 U.S.C. 1232g(b)(3)

  (B) → (ii)

  Adjusts subsection lettering for clarity.

• 20 U.S.C. 1232g(b)(3)

  (C) → (iii)

  Aligns subsection lettering with the modified structure.

• 20 U.S.C. 1232g(b)(3)

  Nothing → (A) Nothing

  Introduces lettering to clarify subsequent text.

• 20 U.S.C. 1232g(b)(3)

  or local

  This change again indicates the inclusion of local officials in definitions.

• 20 U.S.C. 1232g(b)(3)

  programs: → programs.

  Changes punctuation for grammatical accuracy.

• 20 U.S.C. 1232g(b)(3)

  Provided, That except → (B) Except

  Rephrases to clarify the exclusion criteria for sharing information.

• 20 U.S.C. 1232g(b)(3)

  such officials → the officials described in items (i) through (iii) of subparagraph (A)

  Clarifies which officials are referenced in the context of authorized representatives.

• 20 U.S.C. 1232g(b)

  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.

  Defines 'authorized representative' more clearly, including control requirements.

• 20 U.S.C. 1232g(b)

  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.

  Establishes confidentiality rules for authorized representatives.

• 20 U.S.C. 1232g(b)(8)

  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.

  Prohibits sharing student information for commercial purposes without parental consent.

• 20 U.S.C. 1232g(b)(8)

  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.

  Clarifies exceptions to the prohibition on sharing information for commercial products.

• 20 U.S.C. 1232g(b)

  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.

  Removes the definitions of certain key terms from federal regulations.

• 20 U.S.C. 1232g(b)

  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.

  Prevents the Secretary of Education from defining specific education programs in future regulations.

Action History

1. May 14, 2019

   Introduced in House

2. May 14, 2019

   Introduced in House

3. May 14, 2019

   Referred to the House Committee on Education and Labor.

Sponsors

• Blaine Luetkemeyer · Primary
• Tom Cole · Cosponsor

Subjects