[Congressional Record Volume 148, Number 130 (Monday, October 7, 2002)]
[House]
[Pages H7143-H7144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AMENDING THE GENERAL EDUCATION PROVISIONS ACT REGARDING FAMILY 
                     EDUCATIONAL AND PRIVACY RIGHTS

  Mr. TIBERI. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5331) to amend the General Education Provisions Act to 
clarify the definition of a student regarding family educational and 
privacy rights.
  The Clerk read as follows:

                               H.R. 5331

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENT TO GENERAL EDUCATION PROVISIONS ACT.

       Paragraph (6) of subsection (a) of section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g; also known 
     as the Family Educational Rights and Privacy Act of 1974) is 
     amended by inserting ``(other than a person educated at a 
     home school, whether or not a home school is treated as a 
     home school or a private school under State law)'' after 
     ``does not include a person''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Tiberi) and the gentlewoman from California (Ms. Woolsey) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Tiberi).


                             General Leave

  Mr. TIBERI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
H.R. 5331.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. TIBERI. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Minnesota (Mr. Kennedy), an author of this legislation.
  Mr. KENNEDY of Minnesota. Mr. Speaker, I thank my colleague from Ohio 
for yielding me this time, and I speak today on behalf of this very 
important bill. I want to begin by thanking the gentleman from Ohio 
(Mr. Boehner), the chairman of the committee, and his staff for their 
cooperation and their leadership on gaining a hearing for this very 
important legislation that we are scheduling here today.
  This is a very simple but very important piece of legislation.

                              {time}  2045

  Mr. Speaker, it further enshrines in the law that we will treat all 
students equally and that we will protect family privacy. The problem 
stems from uncertainty in the Family and Educational Rights and 
Protection Act. Confusion about who is covered under the act has led to 
the private information of many nonpublic students being treated as 
public information. This has caused confusion in Minnesota and other 
States across the Nation. While the law is being applied appropriately 
for most students, many home-schooled and private school students have 
faced problems with their personal information being released to the 
public.
  I do not believe that was the intent of the law. We should fix it and 
make sure that all students have the same protections of privacy under 
the law. This common-sense solution simply clarifies the definition of 
a student and ensures that all students' private information is 
protected. I urge Members to vote for this bill.
  Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5331 would ensure that the educational records of 
home-schooled students are provided the same protections as the 
education records of non-home-schooled students. This legislation evens 
the playing field,

[[Page H7144]]

and we have no objection to its passage.
  However, I am concerned that this House has the time to debate this 
legislation, yet has been unable to pass a Labor-HHS-Education 
appropriations bill. H.R. 5331 focuses on protecting the educational 
records of home-schooled students. Unfortunately, by our inaction on 
the education budget, we have failed to provide vital funding that 
benefits the remaining 99 percent of our children, those who attend 
public schools.
  President Bush's fiscal year 2003 budget provides for the smallest 
increase in education funding in the past 7 years. His budget provides 
only a 2.8 percent increase.
  Mr. Speaker, Congress has increased the education budget by 15 
percent annually over the past 7 years. President Bush's proposal is 
absolutely unacceptable, and our time today could be much better spent 
if we address that issue instead of an issue we all agree on. I support 
passage of this legislation, but believe that the American people would 
be better served by the passage of an education budget.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TIBERI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again I want to reiterate what the sponsor of this 
legislation, the gentleman from Minnesota (Mr. Kennedy), has already 
said, and that is H.R. 5331 makes a technical correction to FERPA to 
ensure that the records of home-schooled students are treated in the 
same manner as all other public school students today. H.R. 5331 
requires local school districts to treat the records of all students in 
the same manner and protect the privacy rights of all students. I urge 
Members to pass the Kennedy-sponsored bill, H.R. 5331.
  Mr. Speaker, I yield back the balance of my time.
  Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in closing, I would like to remind Members that the 
President had a bipartisan vote on a bill called Leave No Child Behind. 
It was a good bill, but what the President forgot is we have to fund 
good bills. He is leaving 99 percent of our children behind by not 
including full funding for his bill in this budget.
  Mr. BOEHNER. Mr. Speaker, I rise in support of H.R. 5331, which would 
extend educational and privacy rights currently available to families 
of public school students to home schooled children. I want to applaud 
my colleague from Minnesota, Representative Mark Kennedy, for 
sponsoring this legislation and his continued commitment to the 
education of our nation's children. This bill provides an important 
opportunity for Congress to correct an oversight in the federal Family 
Educational Rights and Privacy Act of 1974 (FERPA) that has resulted in 
some school districts and states being unable to maintain the privacy 
of information collected from families who home school their children.
  Under current law, FERPA protects the privacy of students who attend 
public school. However, many school districts and numerous States hold 
the private records of home-schooled students because these students 
are required by State law to register either with their State or local 
school district. A privacy problem arises from FERPA's definition of a 
student, which ``does not include a person who has not been in 
attendance at such agency or institution.'' Therefore, under current 
law, the information of a home-schooled student who has never attend a 
public school is not protected under FERPA. Unless States or local 
school boards create their own rules restricting the release of home-
schooled student information, public schools can freely disseminate a 
home-schooled student's private information.
  By closing this loophole in the law, home-school student's records 
nationwide would be protected, including in Representative Kennedy's 
home state of Minnesota, which classifies such information as public. 
FERPA should treat all students the same and not permit districts to 
disseminate publicly the records of some children, while protecting the 
records of others.
  H.R. 5331 exemplifies the commitment that this Congress has shown to 
parents who choose to home school their children. I am proud to be a 
co-sponsor and urge my colleagues to vote yes on this legislation 
extending privacy protections to families of home-schooled students.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Brown of South Carolina). The question 
is on the motion offered by the gentleman from Ohio (Mr. Tiberi) that 
the House suspend the rules and pass the bill, H.R. 5331.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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