An Act To amend the Family Educational Act of 1974 to provide improvements to such Act. [Slip Law] AE 2.110:112-278

0.2 MB·English

by  The United States

126 STAT. 2480 PUBLIC LAW 112–278—JAN. 14, 2013
Public Law 112–278
112th Congress
An Act
Jan. 14, 2013 To amend the Family Educational Rights and Privacy Act of 1974 to provide
improvements to such Act.
[S. 3472]
Be it enacted by the Senate and House of Representatives of
Uninterrupted the United States of America in Congress assembled,
Scholars
Act (USA). SECTION 1. SHORT TITLE.
20 USC 1221
This Act may be cited as the ‘‘Uninterrupted Scholars Act
note.
(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 Edu-
cation 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 indi-
vidual 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 mat-
S ters, and the order is issued in the context of that proceeding,
W
C LA additional notice to the parent by the educational agency or
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PUBLIC LAW 112–278—JAN. 14, 2013 126 STAT. 2481
institution is not required’’ after ‘‘educational institution or
agency’’.
Approved January 14, 2013.
LEGISLATIVEHISTORY—S. 3472:
CONGRESSIONAL RECORD:
Vol. 158 (2012): Dec. 17, considered and passed Senate.
S Dec. 30, considered in House.
AW Vol. 158 (2013): Jan. 1, considered and passed House.
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