109 HR 6315 IH: Student Privacy Protection Act of U.S. House of Representatives 2006-11-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6315 IN THE HOUSE OF REPRESENTATIVES November 13, 2006 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.

1.

Short title

This Act may be cited as the Student Privacy Protection Act of 2006.

2.

Remedy established

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. .