[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1848 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1848
To afford students and parents with private civil remedies for the
violation of their privacy rights under the General Education
Provisions Act.
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IN THE HOUSE OF REPRESENTATIVES
April 29, 2003
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
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A BILL
To afford students and parents with private civil remedies for the
violation of their privacy rights under the General Education
Provisions 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 ``Student Privacy Protection Act of
2003''.
SEC. 2. REMEDY ESTABLISHED.
(a) Amendment.--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 .''.
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