THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, LONGIETTI, WAGNER AND HARKINS, JUNE 30, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for immunity

for private independent colleges from liability involving

breach of confidentiality regarding student data or records

shared with the Department of Education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8340.2.  Private independent colleges immunity from liability

of breach of student data or records shared with the

Department of Education.

(a)  Immunity.--An independent institution of higher

education in this Commonwealth who discloses information on

student records or data information, upon request from the

Department of Education, shall not be held liable in any court

of law for any breach of confidentiality pertaining to any

information concerning students' enrollment.

(b)  Applicability.--This provision shall apply if the breach

resulted from actions of the Department of Education or its

staff, contractors or researchers and not from the transmission

of the data or records either electronically or in writing. This

section shall apply to any student data or records that are

confidential under any law of this State or any Federal law,

including, but not limited to, the Family Educational Rights and

Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g).

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Department."  The Department of Education.

"Independent institution."  An accredited nonprofit private

or independent college or university located in this

Commonwealth.

Section 2.  This act shall take effect in 60 days.