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May 14, 1974 Col 14579 Case 1:12-Cv-00327-ABJ Document 18-2

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May 14, 1974 Col 14579 Case 1:12-Cv-00327-ABJ Document 18-2 Case 1:12-cv-00327-ABJ Document 18-2 Filed 11/30/12 Page 1 of 27 May 14, 1974 COl GRESSIONAL RECORD - SENATE 14579 "(A) other school officials, including Mr. McCLELLAN. Give us 5 or 10 min- ords, files, and data directly related to their children, including all material that Is in- teachers within the educational institution utes on the- corporated into each student's cumulative or local educational agency who have legiti- Mr. ROBERT C. BYRD. Mr. President, record folder, and intended for school use or mate educational interests; if we are not careful, we are going to to be available to parties outside the school "(B) to officials of other schools or school get in one h-e-c-k of a fix tomorrow on or school system, and specifically including, systems in which the student intends to en- the Gurney amendment. The Senator but not necessarily limited to, identifying roll, upon condition that the student's par- the transfer, receive a was here when we entered into this data, academic work completed, level of ents be notified of achievement (grades, standardized achieve- copy of the record if desired, and have aa agreement. I hope we will not abuse that ment test scores), attendance data, scores on opportunity for a hearing to challenge th. agreement- standardized intelligence, aptitude, and psy- content of the record. Mr. JAVITS. If the Senator needs a chological tests, interest inventory results, "(2) No funds shall be made available un- few minutes to consider it, I would ask health data, family background information, der any applicable program to any State cr unanimous consent that I may yield for teacher or counselor ratings and observa- local educational agency, any institution oC 10 minutes to the junior Senator from tions, and verified reports of serious or recur- higher education, any community college, New York (Mr. BUCKLEY) to discuss rent behavior patterns. Where such records any school, preschool, or any other educa- whatever amendments he brings up, with or data include information on more than tional institution which has a policy or prac- one student, the parents of any student shall tice of furnishing, in any form, any informa- leave to present this amendment and be entitled to receive, or be informed of, that tion contained in personal school records, to then to return to the amendment which part of such record or data as pertains to any persons other than those listed in sub- I have pending. their child. Each recipient shall establish section (c) (1) unless- The PRESIDING OFFICER. Is the appropriate procedures for the granting of a "(A) there is written consent from the Senator for yielding time from the bill? request by parents for access to their child's student's parents specifying records to be Mr. JAVITS. I cannot yield time. He school records within a reasonable period of released, the reasons for such release, and than forty-five has got to do it on his own time. I ask time, but in no ease more to whom, and with a copy of the records days after the request has been made. to the student's parents and unanimous consent, Mr. President, that to be released "(2) Parents shall have an opportunity for the student if desired by the parents, or I may lay aside the amendment which a hearing to challenge the content of their "(B) such information is furnished in I have pending for 10 minutes and then child's school records, to insure that the rec- compliance with judicial order, or pursuant return to it. ords are not inaccurate, misleading, or other- to any lawfully issued subpena, upon condi- The PRESIDING OFFICER. Is there wise in violation of the privacy or other tion that parents and the students are noti- objection to the request of the Senator rights of students, and to provide an oppor- fied of all such orders or subpenas In advance of any from New York (Mr. JAVITS) ? The Chair tunity for the correction or deletion of the compliance therewith by the education misleading, or otherwise in- hears none, and it is so ordered. such inaccurate, institution or agency. appropriate data contained therein. "(3) In any case in which the Secretary Mr. GRIFFIN. Mr. President, reserv- "(b) PARENTAL CONSENT.-(l) No student or an administrative head of an education ing the right to object, I did not under- shall, as a part of an applicable program, be agency is authorized under any applicable stand that the Senator from New York required to undergo medical, psychological, program to request or require any State or had an amendment pending. or psychiatric examination, testing, or treat- local educational agency, any institution of Mr. JAVITS. I do. ment, or immunization (except to the ex- higher education, any community college, Mr. GRIFFIN. Is there a time limita- tent necessary to protect the public from any school, preschool, or any other educa- epidemics of contagious diseases), or to re- tion on it? tional institution to submit to a third party veal information about his or her personal (or to the Secretary or an administrative Mr. JAVITS. Yes; there is a time limit or family life without the prior, informed, head of an education agency, as defined in on it of 30 minutes. My time has expired written consent of the student's parents. section 409 of this Act) any data from per- but Senator MCCLELLAN'S time has not. "(2) No student shall, as a part of any ap- sonal statistics or records of students, such I could get time from the bill, of course. plicable program, be required, without the data shall not include the names of students Mr. McCLELLAN. I have only 2 more prior, informed, written consent of the stu- or their parents (in code or otherwise) with- any project minutes remaining because I yielded my dent's parents, to participate in out the written consent of the student's program, or course, the primary purpose or parents, except- time trying to get the unanimous-con- principal effect of which is to affect or alter sent agreement. "(A) in connection with a student's appli- the personal behavior or personal values of a cation for financial aid; Mr. PELL. Mr. President, I am de- student, or to explore and develop teaching "(B) in compliance with any court order, lighted to yield 10 minutes if it will help techniques or courses primarily intended to or pursuant to any lawfully issued subpena, us move along on the pending bill. affect such behavior and values. if the parents and students are notified of "(3) Parents shall be informed, reason- Is there any such order in advance of the compliance The PRESIDING OFFICER. ably in advance and in writing, of the in- objection to the request of the Senator therewith by the State or local educational tended participation of their child in any of higher education, from New York? The Chair hears none, agency, the institution research or experimentation project which is the community college, the school, preschool, and it is so ordered. a part of an applicable program. No child or other educational institution. The junior Senator from New York shall participate in such a project if the "(4) (A) With respect to subsections (c) (Mr. BUCKLEY) is now recognized. parents of such child object to such partici- (1) and (c) (2) and (c)(3), all persons, pation. AMENDMENT NO. 1289 agencies, or organizations desiring access to "(4) As used in this subsection the term the records of a student shall be required project' means Mr. BUCKLEY. Mr. President, I call 'research or experimentation to sign a written form which shall be kept is a part of up my amendment No. 1289 and ask that any project or program which permanently with the file of the student, it be stated. an applicable program, and which is author- but only for inspection by the parents or by an administrative officer of an edu- The PRESIDING OFFICER. The ized student, indicating specifically the legiti- cation agency, a State or local education amendment will be stated. mate educational or other interest that each agency, or any education institution, in- person, agency, or organization has in seek- The legislative clerk read as follows: of cluding preschools, for the purpose ing this information. Such form shall be On page 330, between lines 17 and 18, in- except that re- research or experimentation, parents and to the school offi- new section: available to sert the following search or experimentation projects shall not cial responsible for record maintenance as "PROTECTION OF THE RIGHTS AND PRIVACY OF include projects in the field of reading or a means of auditing the operation of tho PARENTS AND STUDENTS bilingual education, as determined by the system. "SEC. 437. (a) RIoHT OF ACCESS AND OF A Commissioner. "(4) (B) With respect to this subsection, HEARING.-(l) No funds shall be made avail- "(C) CONDITIONS FOR THE RELEASE OF PER- personal information shall only be trans- able under any applicable program to any SONAL DATA.-(1) No funds shall be made ferred to a third party on the condition that State or local educational agency, any insti- available under any applicable program to such party will not permit any other party tution of higher education, any community any State or local education agency, any in- to have access to such information without college, any school, preschool, or any other stitution of higher education, any commu- the written consent of the parents of the educational institution which has a policy nity college, any school, preschool, or any student.
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