Sec. 5. Remedies
284 words·~1 min read·
/bill/114/s/1341/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ), as amended by sections 2, 3, and 4, is further amended by adding at the end the following: As a condition of receiving any funds provided to the Department or under any applicable program, an educational agency or institution, and any third party that collects, maintains, or otherwise obtains access to student data through such agency or institution, that fails to comply with any requirement imposed under this section with respect to any individual shall be liable to that person in the amount determined under paragraph (2).
Any Federal agency that fails to comply with any requirement imposed under this section with respect to any individual shall be liable to that person in the amount determined under paragraph (2). In an individual action, the sum awarded for liability under paragraph
(1)is equal to— in the case of a first violation, an amount of not less than $1,000; in the case of a second violation by the same person involving the student data and privacy of the same student, an amount of not less than than $5,000; and in the case of a third or any subsequent violation by the same person involving the student data and privacy of the same student, an amount of not less than $10,000. For purposes of this subsection, each violation of this section that involves different student data of an individual, or a different student, shall be considered a separate violation. In the case of any successful action to enforce liability under paragraph (1), the defendant shall be liable for the costs of the action and reasonable attorney fees as determined by the court. .
Connectionstraces to 1
Traces to 1 document