Sec. 2. Defining student data
548 words·~2 min read·
/bill/114/s/1341/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 444(a) of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act ) ( 20 U.S.C. 1232g ) is amended— by striking paragraph
(4)and inserting the following: For the purposes of this section, the term student data means information about a student collected and maintained by an educational agency or institution, by a person or third party collecting or maintaining such information through the active intervention, facilitation, or authorization of such agency or institution, or by a person or third party acting for such agency or institution. The term student data does not include— records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement; in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. ; and in paragraph (5)(A), by striking includes the following and inserting consists of only the following . Section 444 of such Act ( 20 U.S.C. 1232g ), as amended by subsection (a), is further amended— in subsection (a)— in paragraph (1)— in subparagraph (A), by striking educational records and inserting student data ; and in subparagraph (C)(ii), by striking placed in the education records and inserting obtained ; and in paragraph (2)— by striking the records each place the term appears and inserting the data ; and by striking such records each place the term appears and inserting such data ; in subsection (b)— in paragraph (1)— in subparagraph (B), by striking the record each place the term appears and inserting the data ; in subparagraph (E), by striking whose records each place the term appears and inserting whose student data ; and in subparagraph (L), by striking such records and inserting such data ; in paragraph (2)(A), by striking records each place the term appears and inserting student data ; and in paragraph (4)(A), by striking such records and inserting such data ; in subsection (j)(1)(B), by striking such records and inserting such student data ; by striking education records each place the term appears and inserting student data ; and by striking education record each place the term appears and inserting student data .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 2
Defining student data
Cites 1Cited by 0 across 0 sources