117 HR 5630 IH: Safeguarding Children’s Privacy in Schools Act U.S. House of Representatives 2021-10-19 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.

I117th CONGRESS1st SessionH. R. 5630IN THE HOUSE OF REPRESENTATIVESOctober 19, 2021Mrs. Miller of Illinois (for herself, Mr. Good of Virginia, Mrs. Boebert, Mr. Grothman, Mr. Weber of Texas, Mr. Mullin, Mr. Babin, Mr. Rosendale, Mr. Johnson of Louisiana, Mr. Owens, Mr. Bishop of North Carolina, Mr. Steube, Mr. Budd, Ms. Foxx, Mr. Roy, Mr. Pfluger, Mr. Allen, Mrs. Greene of Georgia, Mr. Gohmert, Mr. Norman, Mr. Davidson, and Mr. Donalds) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Children’s Online Privacy Protection Act of 1998 to provide that a school may not act as the agent of a parent of a child for purposes of providing verifiable parental consent to the collection, use, or disclosure of personal information of the child, and for other purposes.

1.

Short title

This Act may be cited as the Safeguarding Children’s Privacy in Schools Act.

2.

Protection of rights of parents regarding personal information of students

The Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) is amended—(1)in section 1302, by amending paragraph (9) to read as follows:(9)

Verifiable parental consent

The term verifiable parental consent, with respect to the collection, use, and disclosure (as applicable) by an operator of the personal information of a child—(A)means consent by a parent of the child to the collection, use, and disclosure (and to any subsequent use of the information) that is obtained by the operator—(i)before the information is collected from the child; and(ii)after notice to the parent of the operator’s personal information collection, use, and disclosure practices; and(B)may include consent to future collection, use, and disclosure described in the notice.; and(2)in section 1303—(A)in subsection (b)(2)(C)—(i)in clause (i), by striking ; or and inserting a semicolon;(ii)by striking clause (ii); and(iii)by striking that request— and all that follows through if, before and inserting that request, if, before; and (B)by adding at the end the following:(e)

Prohibition on school or local educational agency acting as agent of parent

(1)

In general

An elementary school, secondary school, or local educational agency, or an employee or other agent of such school or agency, may not act as the agent of a parent of a child enrolled in such school (or in a school served by such agency, as the case may be) for purposes of providing verifiable parental consent under the regulations prescribed under subsection (b), making any request under such regulations, or receiving any notice or other information required to be provided to a parent of the child under such regulations.(2)

Definitions

In this subsection, the terms elementary school, secondary school, and local educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)..