An Act To Protect Students' Rights and Privacy Regarding Their School Records

Sec. 1. 20-A MRSA §6001-C  is enacted to read:

§ 6001-C.  Dissemination of information by other schools; rules

The dissemination of information about students not otherwise governed by section 6001 is governed by rules adopted by the commissioner; these rules must include substantially the same prohibitions and standards set forth in the United States Family Educational Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568, and the United States Education of All Handicapped Children Act, Public Law 94-142. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 2. Penalty. Not later than January 15, 2016, the Commissioner of Education shall report back to the Joint Standing Committee on Education and Cultural Affairs with recommendations for an appropriate penalty for a violation of the Maine Revised Statutes, Title 20-A, section 6001-C, including any necessary implementing legislation. The Joint Standing Committee on Education and Cultural Affairs may report out a bill to the Second Regular Session of the 127th Legislature to implement a penalty for a violation of Title 20-A, section 6001-C.

SUMMARY

This bill directs the Commissioner of Education to adopt rules regarding dissemination of student information by schools not covered under current law. These rules are major substantive rules and must include substantially the same prohibitions and standards regarding dissemination of student information as applicable to publicly funded schools. The commissioner is required to recommend an appropriate penalty for a violation of the rules to the Joint Standing Committee on Education and Cultural Affairs no later than January 15, 2016.