PRINTER'S NO. 1784
No. 1285 Session of 2008
INTRODUCED BY DINNIMAN, O'PAKE, M. WHITE, COSTA, FERLO, FONTANA,
KITCHEN, LAVALLE, MELLOW, RHOADES, TOMLINSON, WASHINGTON,
D. WHITE, C. WILLIAMS AND EARLL, FEBRUARY 19, 2008
REFERRED TO EDUCATION, FEBRUARY 19, 2008
AN ACT
1 Requiring State institutions of higher education and independent
2 institutions of higher education to provide parents of
3 students enrolled at each institution with information
4 relating to the institution's drug and alcohol policy, the
5 student disciplinary process and notification of a parent
6 following a student's violation of the drug and alcohol
7 policy.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Higher
12 Education Parental Notification Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Community college." A community college as defined in
18 section 1502-A of the act of March 10, 1949 (P.L.30, No.14),
19 known as the Public School Code of 1949.
20 "Education record." An education record as defined in the
1 Family Educational Rights and Privacy Act of 1974 (Public Law
2 90-247, 20 U.S.C § 1232g).
3 "Family Educational Rights and Privacy Act of 1974." The
4 Family Educational Rights and Privacy Act of 1974 (Public Law
5 90-247, 20 U.S.C. § 1232g).
6 "Independent institution of higher education." An
7 independent institution of higher education as defined in
8 section 1502-A of the act of March 10, 1949 (P.L.30, No.14),
9 known as the Public School Code of 1949.
10 "Institution of higher education" or "institution." A
11 community college, State-owned institution, State-related
12 institution or an independent institution of higher education.
13 "Personally identifiable information." As defined in 34 CFR
14 99.3 (relating to what definitions apply to these regulations?).
15 "State-owned institution." A State-owned institution as
16 defined in section 1502-A of the act of March 10, 1949 (P.L.30,
17 No.14), known as the Public School Code of 1949.
18 "State-related institution." A State-related institution as
19 defined in section 1502-A of the act of March 10, 1949 (P.L.30,
20 No.14), known as the Public School Code of 1949.
21 "Student." An individual who is 21 years of age or younger
22 and is enrolled at either a State institution of higher
23 education or an independent institution of higher education.
24 Section 3. Distribution of information.
25 (a) General rule.--Each institution of higher education
26 shall provide to parents of students a written copy of the
27 following:
28 (1) The institution's drug and alcohol policy for the
29 institution, including whether such policy addresses off-
30 campus drug or alcohol-related activity.
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1 (2) A summary of the disciplinary process utilized to
2 review an alleged violation of the drug or alcohol policy.
3 (3) A list of the potential sanctions and actions for a
4 violation of the drug or alcohol policy.
5 (4) A statement whether the institution notifies the
6 parents of a student following a determination by the
7 institution's disciplinary process that the student violated
8 the institution's drug and alcohol policy, including any
9 information relating to compliance by the institution with
10 the Family Educational Rights and Privacy Act of 1974.
11 (5) A summary of any drug and alcohol prevention
12 program, if services are provided to students.
13 (6) The institution's policy whether the institution
14 discloses personally identifiable information from the
15 education record of the student without the student's consent
16 to appropriate parties where the information is necessary to
17 protect the health or safety of the student and other
18 individuals, as authorized under the Family Educational
19 Rights and Privacy Act of 1974, including any information
20 relating to compliance by the institution with the Family
21 Educational Rights and Privacy Act of 1974.
22 (7) A statement whether the institution deems parents as
23 appropriate parties for the disclosure of such information to
24 appropriate parties where the information is necessary to
25 protect the health or safety of the student and other
26 individuals.
27 (b) Compliance.--An institution shall comply with subsection
28 (a) within 15 days after:
29 (1) The date of the student's initial enrollment at the
30 institution.
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1 (2) The date of each amendment, revision or change made
2 by the governing body of the institution regarding the
3 following:
4 (i) The institution's drug and alcohol policy for
5 the institution.
6 (ii) The disciplinary process for students at the
7 institution.
8 (iii) Sanctions and actions available for imposition
9 by the institution for a drug and alcohol policy
10 violation by a student.
11 (iv) The institution's drug and alcohol prevention
12 program, if applicable.
13 (v) The institution's policy regarding the
14 disclosure of any personally identifiable information
15 from a student's education record without the consent of
16 the student to appropriate parties where the information
17 is necessary to protect the health or safety of the
18 student or other individuals, including whether the
19 institution deems parents as appropriate parties.
20 Section 4. Administration.
21 (a) Violations of policy.--This act shall not be interpreted
22 to require an institution to perform the following:
23 (1) Provide such notification to a parent of a student
24 who violates the drug and alcohol policy.
25 (2) Provide without the student's consent any personally
26 identifiable information from the student's education record
27 to the student's parents, as an appropriate party, where the
28 information is necessary to protect the health or safety of
29 the student or other individuals.
30 (b) Other laws.--This act shall not be interpreted to
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1 relieve an institution of the requirements of the Family
2 Educational Rights and Privacy Act of 1974 or other Federal,
3 State or local law.
4 Section 5. Effective date.
5 This act shall take effect in 60 days.
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