This week from The Educational and Cultral Affairs Committee LD 1251 and LD 1252 were both were voted out of the EDU committee not to pass. I would recommend that you to call your state senator and state representative to support both of these two bills, which protect the parenteral rights of consent in accordance with three federal laws.

FERPA, PPRA and COPPA are federal laws pertaining to parental consent rights. If you are concerned, check into it and call your state rep about how they should vote concerning these two bills. The Family Educational Rights and Privacy Act (FERPA) (20 U.S. C. § ]232g; 34 CFR Part 99) is a federal law passed in 1974 that bars the disclosure of personally identifiable data in student records to third parties without parental consent. The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 123 2h; 34 CFR Part 98) was enacted in 1978, and applies to student surveys, instructional materials or evaluations funded by the federal government that deal with highly sensitive issues. Congress enacted the Children’s Online Privacy Protection Act (COPPA) in 1998, which is regulated by the Federal Trade Commission, not the US Department of Education. The primary goal of COPPA is to allow parents to have control over what information is collected online from their children under age 13. The law applies to any operators of websites, online services including web-based testing, programs or “apps” that collect, use, or disclose children’s personal information, whether at home or at school.

LD 1251 is “An Act To Safeguard Students’ Personal and Private Information.” This bill establishes data privacy practices for the Department of Education and school administrative units. It prohibits the department and school administrative units from disclosing personally identifiable information about students without the written consent of the parents of children under 18 years of age and the written consent of the students themselves when the students are at least 18 years of age. There are specific exceptions to the prohibitions. The bill also prohibits the collection, entry and maintenance of certain information about students and their families. A contractor, consultant or other party that has entered into a contract or other agreement with the department or a school administrative unit who violates the restrictions is subject to a $5,000 civil penalty per violation and disqualification from future access to education records.

EDU Committee Action: Reported Out, April 27, ONTP

EDU Committee Report: April 27, Ought Not To Pass

LD 1252 is “An Act To Protect Student Data.” This bill establishes restrictions and protocols on the access and use of personally identifying student data by public and private elementary and secondary schools in software applications used to input, store and manage student data and on school-authorized access data on students’ personal electronic devices.

EDU Committee Action: Reported Out, April 27, ONTP

EDU Committee Report: April 27, Ought Not To Pass

Gordon Draper
Bowdoin