THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, PILEGGI, ORIE, TOMLINSON, M. WHITE, ERICKSON, D. WHITE, TARTAGLIONE, EICHELBERGER, FONTANA, WAUGH, RAFFERTY AND FERLO, FEBRUARY 1, 2011

REFERRED TO EDUCATION, FEBRUARY 1, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for collection of identifying information of students

attending institutions of higher education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 118.  Collection of Identifying Information of

Students Attending Institutions of Higher Education.--(a)  The

following provisions shall apply to the Department of

Education's collection of identifying information of students:

(1)  The department may collect identifying information of

students only if the department is specifically required to do

so under Federal statute or regulation or under another

provision of this act.

(2)  To the extent the department may collect identifying

information of a student under paragraph (1), the following

shall apply:

(i)  Before collecting any identifying information from an

institution of higher education, the department shall provide

the institution of higher education with written notice of the

identifying information the department seeks to collect and the

date by which a student who wishes to do so may opt out of the

department's information collection.

(ii)  Upon receiving the notice required under subparagraph

(i), the institution of higher education shall provide those

students who are subject to the request for identifying

information with electronic notice of the department's request

and of the students' ability to opt out of the department's

collection of identifying information by the date identified by

the department in subparagraph (i). The notice shall direct

students to an Internet web page maintained by the department

which shall contain the following information:

(A)  A description of the identifying information the

department seeks to collect.

(B)  A statement of the department's legal authority to

collect the identifying information.

(C)  A statement informing students that, by the date

identified by the department in subparagraph (i), they may opt

out of the department's collection of identifying information.

(D)  An electronic link the student may use to opt out of the

department's collection of identifying information.

(iii)  Following the opt-out date identified by the

department in subparagraph (i), the department shall provide the

institution of higher education with a list of those students

who have opted out of the department's collection of identifying

information.

(iv)  The institution of higher education may provide the

department with identifying information for only those students

who have not opted out of the department's collection of

identifying information.

(3)  Notwithstanding paragraph (1), the department may

collect student information in an aggregated format that does

not reveal the identifying information of an individual student.

(4)  To the extent the Family Educational Rights and Privacy

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

successor Federal statute requires an institution of higher

education to obtain a student's written consent to the

disclosure of identifying information, those provisions shall

apply.

(5)  An institution of higher education that discloses

identifying information to the department at the department's

request shall not be held liable in any court of law for any

breach of confidentiality pertaining to such identifying

information that resulted from actions of the department or the

department's staff, contractors or researchers, whether paid or

unpaid.

(b)  The Secretary of Education shall establish an advisory

committee to offer recommendations to the Department of

Education concerning the department's collection of identifying

information and other data from institutions of higher

education. The following shall apply to the advisory committee

established under this section:

(1)  The secretary shall appoint six (6) members to the

advisory committee, including the following:

(i)  A representative of a community college operating under

Article XIX-A.

(ii)  A representative of the State System of Higher

Education.

(iii)  A representative of an institution of higher education

that is designated as "State-related" by the Commonwealth.

(iv)  A representative of an accredited private or

independent college or university.

(v)  A representative of a private licensed school.

(vi)  A representative of the department's information

technology staff.

(2)  The advisory committee shall meet at least quarterly at

the call of the secretary, who shall serve as chairperson. The

first meeting of the advisory committee shall occur within sixty

(60) days of the effective date of this section.

(3)  Members of the advisory committee shall serve without

compensation.

(c)  For purposes of this section, the following words and

phrases shall have the following meanings:

"Identifying information" shall mean any document,

photographic, pictorial or computer image of another person, or

any fact used to establish identity, including, but not limited

to, a name, birth   date, Social Security number, driver's license

number, nondriver governmental identification number, telephone

number, checking account number, savings account number, student

identification number, employe or payroll number, residence

address, mailing address, e-mail address or electronic

signature.

"Institution of higher education" includes any of the

following:

(1)  A community college operating under Article XIX-A.

(2)  A university within the State System of Higher

Education.

(3)  The Pennsylvania State University.

(4)  The University of Pittsburgh.

(5)  Temple University.

(6)  Lincoln University.

(7)  Any other institution that is designated as "State-

related" by the Commonwealth.

(8)  Any accredited private or independent college or

university.

(9)  Any private licensed school as defined in the act of

December 15, 1986 (P.L.1585, No.174), known as the "Private

Licensed Schools Act."

"Student" shall mean a person who attends an institution of

higher education, whether enrolled on a full-time, part-time,

credit or noncredit basis.

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