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 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 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4596 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4596
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
July 21, 2021
Mr. Cartwright (for himself, Mrs. Axne, Ms. Bonamici, and Mr.
Fitzpatrick) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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