[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1848 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 1848

  To afford students and parents with private civil remedies for the 
     violation of their privacy rights under the General Education 
                            Provisions Act.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2003

 Mr. Andrews introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To afford students and parents with private civil remedies for the 
     violation of their privacy rights under the General Education 
                            Provisions Act.

    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 of 
2003''.

SEC. 2. REMEDY ESTABLISHED.

    (a) Amendment.--Section 444 of the General Education Provisions Act 
(20 U.S.C. 1232g) is amended by adding at the end the following new 
subsection:
    ``(k) Private Remedies.--
            ``(1) Actions authorized.--No educational agency or 
        institution subject to the requirements of this section shall 
        deprive any parent or student (or person applying for admission 
        as a student) of any of the rights of privacy of and access to 
        educational records established by this section. Any such 
        parent, student, or person aggrieved by an action or inaction 
        in violation of this section or the regulations thereunder by 
        such an educational agency or institution may bring, in an 
        appropriate United States district court--
                    ``(A) an action based on a violation of this 
                section or the regulation prescribed thereunder to 
                enjoin such violation;
                    ``(B) an action to recover damages from such a 
                violation, as determined by the court; or
                    ``(C) both such actions.
            ``(2) Treble damages.--If the court finds that the 
        defendant willfully or knowingly violated this section or the 
        regulations thereunder, the court may, in its discretion, 
        increase the amount of the award under paragraph (1) to not 
        more than 3 times the amount available under subparagraph (B) 
        of such paragraph .''.
                                 <all>