[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 290 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 290
To increase parental involvement and protect student privacy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2001
Mr. Dodd (for himself and Mr. Shelby) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To increase parental involvement and protect student privacy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Privacy Protection Act''.
SEC. 2. INCREASING PARENTAL INVOLVEMENT AND PROTECTING STUDENT PRIVACY.
Title XIV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801 et seq.) is amended by adding at the end the following:
``Part I--Increasing Parental Involvement and Protecting Student
Privacy
``SEC. 14901. INTENT.
``It is the purpose of this part to provide parents with notice of
and opportunity to make informed decisions regarding commercial
activities occurring in their children's classrooms.
``SEC. 14902. COMMERCIALIZATION POLICIES AND PRIVACY FOR STUDENTS.
``(a) Policy Development.--A State educational agency or local
educational agency that receives funds under this Act shall develop a
policy regarding in-school commercialization activities in consultation
with parents and provide notice to parents regarding such policy and
any changes to such policy, including locally developed exceptions
under subsection (e).
``(b) Funding Prohibition.--Except as provided in subsection (c),
no State educational agency or local educational agency that receives
funds under this Act may--
``(1) disclose data or information the agency gathered from
a student to a person or entity that seeks disclosure of the
data or information for the purpose of benefiting the person or
entity's commercial interests; or
``(2) permit by contract a person or entity to gather from
a student, or assist a person or entity in gathering from a
student, data or information, if the purpose of gathering the
data or information is to benefit the commercial interests of
the person or entity.
``(c) Parental Consent.--
``(1) Disclosure.--A State educational agency or local
educational agency that is a recipient of funds under this Act
may disclose data or information under subsection (b)(1) if the
agency, prior to the disclosure--
``(A) explains to the student's parent, in writing,
what data or information will be disclosed, to which
person or entity the data or information will be
disclosed, the amount of class time, if any, that will
be consumed by the disclosure, and how the person or
entity will use the data or information; and
``(B) obtains the parent's written permission for
the disclosure.
``(2) Gathering.--A State educational agency or local
educational agency that is a recipient of funds under this Act
may permit by contract, or assist, the gathering of data or
information under subsection (b)(2) if the agency, prior to the
gathering--
``(A) explains to the student's parent, in writing,
what data or information will be gathered including
whether any of the information is personally
identifiable, which person or entity will gather the
data or information, the amount of class time if any,
that will be consumed by the gathering, and how the
person or entity will use the data or information; and
``(B) obtains the parent's written permission for
the gathering.
``(d) Definitions.--In this part:
``(1) Student.--The term `student' means a student under
the age of 18.
``(2) Commercial interest.--The term `commercial interest'
does not include the interest of a person or entity in
gathering data or information from a student for the purpose of
developing, evaluating, or providing educational products or
services for or to students or educational institutions, such
as--
``(A) college and other post-secondary education
recruiting;
``(B) book clubs and other programs providing
access to low cost books or other related literary
products;
``(C) curriculum and instructional materials used
by elementary and secondary schools to teach if--
``(i) the information is not used to sell,
advertise, or develop another product; and
``(ii) the curriculum and instructional
materials are used in accordance with
applicable Federal, State, and local policies;
and
``(D) the development and administration of tests
and assessments used by elementary and secondary
schools to provide cognitive, evaluative, diagnostic,
clinical, aptitude, or achievement information about
students (or to generate other statistically useful
data for the purpose of securing such tests and
assessments) and the subsequent analysis and public
release of aggregate data if--
``(i) the information is not used to sell,
advertise, or develop another product; and
``(ii) the tests are conducted in
accordance with applicable Federal, State, and
local policies.
``(e) Locally Developed Exceptions.--A local educational agency, in
consultation with parents, may develop appropriate exceptions to the
consent requirements contained in this part.
``(f) Funding.--A State educational agency or local educational
agency may use funds provided under part A of title VI to enhance
parental involvement in areas affecting children's in-school
privacy.''.
<all>