Page:United States Statutes at Large Volume 88 Part 1.djvu/618

 PUBLIC LAW 93-380-AUG. 21, 1974

574

Ante, p p. 568571. Effective date. 20 USC 1232g note. 20 USC 1232g note.

[88 STAT.

be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means. " (g) The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section, according to the procedures contained in sections 434 and 437 of this Act.". (b)(l)(i) The provisions of this section shall become effective ninety days after the date of enactment of section 438 of the General Education Provisions Act. (2)(i) This section may be cited as the "Family Educational Rights and Privacy Act of 1974". PROTECTION OF P U P I L RIGHTS

Ante,

p. 571,

SEC. 514. (a) Part C of the General Education Provisions Act is further amended by adding after section 438 the following new section: "PROTECTION OF P U P I L RIGHTS

20 USC 1232h.

Definition.

Effective date. 20 USC 1232h note.

"SEC. 439. All instructional material, including teacher's manuals, films, tapes, or other supplementary instructional material which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians of the children engaged in such program or project. For the purpose of this section 'research or experimentation program or project' means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.". (b) The amendment made by subsection (a) shall be effective upon enactment of this Act. LIMITATION ON WITHHOLDING OF FEDERAL F U N D S

Supra.

SEC. 515. (a) Part C of the General Education Provisions Act is further amended by adding after section 439 the following new section: LIMITATION ((.

20 USC 12321. Ante, p. 572.

Effective date. 20 USC 12321 note.

ON WITHHOLDING OF FEDERAL F U N D S

"SEC. 440. Except as provided in section 438(b)(1)(D) of this Act, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.". (b) The amendment made by subsection (a) shall be effective upon enactment of this Act.

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