Private rights of action under FERPA and PPRA

(a) Family Educational Rights and Privacy Act Section 444(g) of the General Education Provisions Act (20 U.S.C. 1232g(g)) (commonly known as the Family Educational Rights and Privacy Act of 1974) is amended to read as follows: (g) Office and review board (1) In general The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. (2) Complaints The Secretary shall ensure that complaints filed pursuant to paragraph (1) are investigated, processed, reviewed, and adjudicated not later than 90 days after being filed. (3) Private right of action (A) In general A parent (or a student who is at least eighteen years of age or is attending an institution of postsecondary education) who is aggrieved by a violation of this section by an educational agency or institution may bring a civil action in an appropriate district court of the United States against such educational agency or institution for declaratory relief, injunctive relief, or reasonable attorney’s fees and costs with respect to the violation. (B) Administrative remedies not required A civil action under subparagraph (A) may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies. (C) Intervention of Attorney General A court may, in its discretion, permit the Attorney General to intervene in a civil action brought under subparagraph (A) if the Attorney General certifies that the action is of general public importance. (4) Prohibition Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of the Department.. (b) Protection of Pupil Rights Amendment Section 445(f) of the General Education Provisions Act (20 U.S.C. 1232h(f)) (commonly known as the Protection of Pupil Rights Amendment) is amended to read as follows: (f) Office and review board (1) In general The Secretary shall establish or designate an office and review board within the Department of Education to investigate, process, review, and adjudicate violations of the rights established under this section. (2) Complaints The Secretary shall ensure that complaints filed pursuant to paragraph (1) are investigated, processed, reviewed, and adjudicated not later than 90 days after being filed. (3) Private right of action (A) In general A parent (or a student who is at least eighteen years of age or is an emancipated minor under an applicable State law) who is aggrieved by a violation of this section by an educational agency or institution may bring a civil action in an appropriate district court of the United States against such educational agency or institution for declaratory relief, injunctive relief, or reasonable attorney’s fees and costs with respect to the violation. (B) Administrative remedies not required A civil action under subparagraph (A) may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies. (C) Intervention of Attorney General A court may, in its discretion, permit the Attorney General to intervene in a civil action brought under subparagraph (A) if the Attorney General certifies that the action is of general public importance..