[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3472 Referred in House (RFH)]

112th CONGRESS
  2d Session
                                S. 3472


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2012

        Referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 AN ACT


 
   To amend the Family Educational Rights and Privacy Act of 1974 to 
                   provide improvements to such 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 ``Uninterrupted Scholars Act (USA)''.

SEC. 2. FAMILY EDUCATIONAL RIGHTS AND PRIVACY.

    Section 444(b) of the General Education Provisions Act (20 U.S.C. 
1232g(b)) (commonly known as the ``Family Educational Rights and 
Privacy Act of 1974'') is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (J)(ii), by striking ``and'' 
                after the semicolon at the end;
                    (B) in subparagraph (K)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (K), the 
                following:
            ``(L) an agency caseworker or other representative of a 
        State or local child welfare agency, or tribal organization (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S. C. 450b)), who has the right 
        to access a student's case plan, as defined and determined by 
        the State or tribal organization, when such agency or 
        organization is legally responsible, in accordance with State 
        or tribal law, for the care and protection of the student, 
        provided that the education records, or the personally 
        identifiable information contained in such records, of the 
        student will not be disclosed by such agency or organization, 
        except to an individual or entity engaged in addressing the 
        student's education needs and authorized by such agency or 
        organization to receive such disclosure and such disclosure is 
        consistent with the State or tribal laws applicable to 
        protecting the confidentiality of a student's education 
        records.''; and
            (2) in paragraph (2)(B), by inserting ``, except when a 
        parent is a party to a court proceeding involving child abuse 
        and neglect (as defined in section 3 of the Child Abuse 
        Prevention and Treatment Act (42 U.S.C. 5101 note)) or 
        dependency matters, and the order is issued in the context of 
        that proceeding, additional notice to the parent by the 
        educational agency or institution is not required'' after 
        ``educational institution or agency''.

            Passed the Senate December 17, 2012.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.