Student Records Protection Act

Student Records Protection Act

This bill revises the requirements for an accrediting agency to be recognized by the Department of Education (ED) as a reliable authority on the quality of education being offered at an institution of higher education (IHE). It also requires an IHE to establish a records management plan for accreditation purposes.

Specifically, an accrediting agency must require an IHE to submit for approval a records management plan upon notification by the IHE that it intends to cease its operations. The plan must, among other things, include a plan for the custody, continued access, and disposition of student records (e.g., student transcripts, billing, and financial-aid records). Further, the IHE must submit the plan to ED.

Under current law, an IHE must be accredited by an accrediting agency to participate in federal student-aid programs.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8552 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8552

 To amend the Higher Education Act of 1965 to require institutions of 
 higher education to establish record-management plans in order to be 
    accredited or continue to be accredited, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2020

    Mr. Cartwright (for himself, Mr. San Nicolas, and Ms. Bonamici) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to require institutions of 
 higher education to establish record-management plans in order to be 
    accredited or continue to be accredited, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Records Protection Act''.

SEC. 2. RECORD-MANAGEMENT PLANS REQUIRED.

    (a) Accrediting Requirements.--Section 496(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1099b(c)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) beginning on the date that is 5 years after the date 
        of the enactment of this paragraph, requires an institution to 
        submit for approval to the accrediting agency a records 
        management plan upon the institution's notifying the 
        accrediting agency that the institution intends to cease 
        operations. Such plan shall include--
                    ``(A) a plan for the custody, continued access, and 
                disposition of student records, including student 
                transcripts, billing, and financial aid records;
                    ``(B) a plan to provide to the Secretary, State 
                authorizing agency, and such accrediting agency or 
                association a list that includes the name and contact 
                information of each student enrolled in such 
                institution--
                            ``(i) on the date such institution closed;
                            ``(ii) on the date that is 120 days before 
                        the date described in clause (i); and
                            ``(iii) on the date that is 180 days before 
                        the date described in clause (i);
                    ``(C) an assurance from the institution that such 
                institution--
                            ``(i) will release all financial holds 
                        placed on student records;
                            ``(ii) for the 1-year period beginning on 
                        the date of the closure of such institution, 
                        will not require any student or former student 
                        who requests the student records of such 
                        student to purchase such records or otherwise 
                        charge such student a fee with respect to such 
                        records; and
                            ``(iii) after the 1-year period described 
                        in clause (ii), will either continue to not 
                        require the purchase of the records described 
                        in such subclause or charge a nominal fee with 
                        respect to such records, as determined by the 
                        Secretary; and
                    ``(D) an estimate of the costs necessary to carry 
                out the record-management plan and a plan for how such 
                institution will provide funding for such costs.''.
    (b) Program Participation Agreement.--
            (1) Amendment.--Section 487(f)(1) of the Higher Education 
        Act of 1965 (20 U.S.C. 1094(f)(1)) is amended by striking the 
        period at the end and inserting ``and to prepare and submit to 
        the Secretary a record-management plan that includes the 
        information required under subparagraphs (A) through (D) of 
        section 496(c)(10).''
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 6 months after the date 
        of the enactment of this Act.
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