Student Privacy Protection Act (Introduced in the House)
HR 2915 IH
106th CONGRESS
1st Session
H. R. 2915
IN THE HOUSE OFREPRESENTATIVES
Mr. GEORGE MILLER of California (for himself, Mr. MCGOVERN, Mr. MURTHA, andMs. ESHOO) introduced the following bill; which was referred to the Committeeon Education and the Workforce
A BILL
Be it enacted by the Senate andHouse of Representatives of the United States of America in Congress assembled,
This Act may be cited as the`Student Privacy Protection Act'.
Part E of title XIV of theElementary and Secondary Education Act of 1965 (20 U.S.C. 8891 et seq.) isamended by adding at the end the following:
`(a) IN GENERAL- None of the fundsauthorized under this Act may be used by an applicable program to allow a thirdparty to monitor, receive, gather, or obtain information intended forcommercial purposes from any student under 18 years of age without prior,written, informed consent of the parent of the student.
`(b) INTENTION OF THIRD PARTY-Before a school, local educational agency, or State, as the case may be, entersinto a contract with a third party, the school, agency, or State shall inquirewhether the third party intends to gather, collect, or store information onstudents, the nature of the information to be gathered, how the informationwill be used, whether the information will be sold, distributed, or transferredto other parties and the amount of class time, if any, that will be consumed bysuch activity.
`(c) CONSENT FORM- The consent formreferred to in subsection (a) shall indicate the dollar amount and nature ofthe contract between a school, local educational agency, or State, as the casemay be, and a third party, including the nature of the information to begathered, how the information will be used, if the information will be sold,distributed, or transferred to other parties, and the amount of class time, ifany, that will be consumed by such activity.'.
(a) IN GENERAL- The ComptrollerGeneral of the United States shall conduct a study in accordance withsubsection (b) regarding the prevalence and effect of commercialism inelementary and secondary education.
(b) CONTENTS- The study shall--
(1) document the nature, extent,demographics, and trends of commercialism (commercial advertising, sponsorshipsof programs and activities, exclusive agreements, incentive programs,appropriation of space, sponsored educational materials, electronic marketing,market research, and privatization of management) in elementary and secondaryschools receiving funds under the Elementary and Secondary Education Act of1965;
(2) consider the range of benefitsand costs, educational, public health, financial and social, of such commercialarrangements in classrooms; and
(3) consider how commercialarrangements in schools affect student privacy, particularly in regards to newtechnologies such as the Internet, including the type of information that iscollected on students, how it is used, and the manner in which schools informparents before information is collected.