To amend the data privacy provisions regarding statewide P-16 education data systems.

1. 1

   Change 1: Rewrites page 164, lines 11–22

   ReplacesPrinted page

   Removes page 164, lines 11–22 of the printed bill. See that page

   Inserted: (C) Privacy and access to data.--

   Inserted: (i) In general.--Each State that receives a grant under subsection (c)(2) shall implement measures to--

   Inserted: (I) limit the State's use of information in the statewide P-16 education data system to the purposes and functions for use of such information set forth in Federal or State law regarding education and allow access to the information in the statewide data system only to those State employees, and only on such terms, as may be necessary to fulfill those purposes and functions;

   Inserted: (II) prohibit the disclosure of information in the statewide P-16 education data system to any other person, agency, institution, or entity, except to the extent necessary to assist the State in fulfilling the purposes and functions for use of such information set forth in Federal or State law regarding education, and only if such party has signed a data use agreement that--

   Inserted: (aa) prohibits the party from further disclosing the information;

   Inserted: (bb) prohibits the party from using the information for any purpose other than the purpose specified in the agreement, which purpose must relate to assisting the State in carrying out the purposes and functions for use of such information set forth in Federal or State law regarding education; and

   Inserted: (cc) requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;

   Inserted: (III) keep an accurate accounting of the date, nature, and purpose of each disclosure of information in the statewide P-16 education data system, and the name and address of the person, agency, institution, or entity to whom the disclosure is made, which accounting shall be made available on request to parents of any student whose information has been disclosed;

   Inserted: (IV) maintain adequate security measures to ensure the confidentiality and integrity of the data system;

   Inserted: (V) ensure that the statewide P-16 education data system meets any further requirements of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g);

   Inserted: (VI) where rights are provided to parents under this clause, provide those rights to the student instead of the parent if the student has reached the age of 18 or is enrolled in a postsecondary educational institution; and

   Inserted: (VII) ensure adequate enforcement of the requirements of this clause.

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   Inserted: (ii) Use of unique identifiers.--

   Inserted: (I) Governmental use of unique identifiers.--It shall be unlawful for any Federal, State, or local governmental agency to use the unique identifiers employed in the statewide P-16 education data systems for any purpose other than as authorized by Federal or State law regarding education, or to deny any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose the individual's unique identifier.

   Inserted: (II) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall promulgate regulations governing the use by governmental and non-governmental entities of the unique identifiers employed in statewide P-16 education data systems, including, where necessary, regulations requiring States desiring grants for statewide P-16 education data systems under this section to implement specified measures, with the goal of safeguarding individual privacy to the maximum extent practicable consistent with the uses of the information authorized in this Act or other Federal or State law regarding education.

   Original wording

   On page 164, strike lines 11 through 22 and insert the following:

2. 2

   Change 2: Rewrites page 169, lines 15–17

   ReplacesPrinted page

   Removes page 169, lines 15–17 of the printed bill. See that page

   Inserted: (i) a description of the privacy protection and enforcement measures that the State has implemented or will implement pursuant to subparagraph (C), and assurances that these measures will be in place prior to the establishment or improvement of the statewide P-16 education data system; and

   Original wording

   On page 169, strike lines 15 through 17 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed