IN THE SENATE OF THE UNITED STATES
To amend the Family Educational Rights and Privacy Act of 1974 to provide improvements to such Act.
This Act may be cited as the
Uninterrupted Scholars Act
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
in paragraph (1)—
in subparagraph (J)(ii), by striking
and after the semicolon at the end;
in subparagraph (K)(ii), by striking the
period at the end and inserting
; and; and
by inserting after subparagraph (K), the following:
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 Education 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 individual 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.
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 matters, and the order is issued in
the context of that proceeding, additional notice to the parent by the
educational agency or institution is not required after
educational institution or agency.
Passed the Senate December 17, 2012.