PROVISIONS OF THE 'FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700060020-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 12, 2016
• Document Release Date: November 23, 2001
• Sequence Number: 20
• Publication Date: January 1, 1974
• Content Type: NOTES

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11/12/74
As discussed at the legislation meeting
today, the Buckley amendment with
which FR is having some problems.
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Provisions of the "Family Educational
Rights and Privacy Act of 1974"
Sec. 43&(a)(1) No federal funds to any school which prevents parents
from examining all school records on their children.
(2) Parents shall have the opportunity for a hearing to challenge
contents of school records.
(b)(1) No federal funds to any school which has'a policy of permitting
the release of personally identifiable records or files of students,
without written consent of the parents to any individual or agency,
other than
(A) other school officials with legitimate interest
(B) official of a school to which student is applying for
admission
(C) representatives of Comptroller General, HEW,'other'
education:.; agency
(D) in connection with student's application for financial aid
(2) No federal funds to any school which has a policy or practice
of furnishing any personally identifiable information contained in
personal school records, except those above [(b)(1)(A)-(D)], unless
(A) written consent from parents specifying records to be
released, and to whom, and reasons for release, or
(B) information is released pursuant to judicial order
(3) Nothing in this section shall preclude responsible authorities
from conducting an audit.
(4)(A) With respect to. sections (b)(l)-(b)(3)., all persons desiring
access to records shall be required to'sign a form in the student's
file, stating the legitimate purpose of reviewing the student's records.
Form shall be available for inspection by student or parent.
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(4)(B) Personal information shall only be made available to a
third party on the condition that the person granted access will not
transfer the information to any other person, without student's or
parent's consent.
(c) HEW shall adopt regulations to protect privacy of students and
families in connection with survey or data-gathering activities.
(d) Consent required in this section of parents shall only be required
of students, if the student is 18 years old or is taking post-secondary
education.
(e) No federal funds unless recipients inform parents and students
of their rights under this section.
(f) HEW shall take necessary action to enforce.
(g) HEW shall establish an office to review and adjudicate
alleged violations.
Section shall become effective 90 days after enactment (November 19).
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 I ueSaay, .tviay 14t, i>I4
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"aily i "igest
HIGHLIGHTS
Senate continued to work on elementary and secondary education bill.
House passed productivity commission bill.
House committees ordered reported eight sundry measures, including bill to
regulate surface coal mining operations; and Sugar Act Amendments.
Senate
Chamber Action
Routine Proceedings, pages S 7877-S 8009
Bills Introduced: 12 bills and i resolution were intro-
duced, as follows: S. 3488-3499; and S. Con. Res. 85.
Pages 57881-57882, 5 7905-5 7906
Bill Reported: Report was made as follows:
H.R. 11864, to accelerate development and use of solar
energy for heating and cooling, with amendments (S.
Rept. 93-847) (Committees on Commerce and Interior
and Insular Affairs were considered as having been dis-
charged from the further consideration of this bill).
Page 5 7905
Measures Passed:
First Continental Congress: Senate agreed to S.
Con. Res. 85, proclaiming October 14, 1974, a Day of
National Observance of the tooth Anniversary of the
First Continental Congress. Pages S 7881-5 7882, S 3081
Military enlistment qualifications: Senate took
from calendar, passed without amendment, and cleared
for the White House H.R. 3418, to establish uniform
original enlistment qualifications for male and female
persons. Pages 5 8008-5 8009
Energy and environment: Senate took from desk,
and by voice vote, passed H.R. 14368, proposed Energy
Supply and Environmental Coordination Act of 1974,
after agreeing to Muskie amendment No. 1303, in the
nature of a substitute. Page S 8009
Senate insisted on its amendment, requested confer-
ence with the House, and appointed as conferees Sena-
tors Randolph, Muskie, Montoya, Baker, Buckley, Jack-
, Blble, and Fannin. Pages 5 8009-5 8032
Elementary and Secondary Education: Senate con-
tinued consideration of S. 1539, to amend and extend
certain laws relating to elementary and secondary edu-
cation programs, taking action on amendments proposed
thereto, as follows:
Adopted:
(i) Hathaway amendment to provide a study of
income levels of families living in impacted aid areas;
Page 5 8034
(2) Modified Dominick amendment (to McClellan
amendment No. 1304) authorizing an additional $75
million in title I funds to be divided among the States
on the basis of their local financial support of schools
above the national average; Page S8057
(3) Sections A, C, and D of modified Buckley amend-
ment No. 1289, providing for the protection of the rights
and privacy of parents and students; and Page S 8064
(4) Buckley amendment No. 1306, to provide that
refusal by a school district to circulate certain -question,
naires is not sufficient cause to suspend Federal assistance.
Page 58081
Rejected:
(1) By 41 yeas to 47 nays, Scott of Pennsylvania
amendment (to McClellan amendment No. 1304) to
count all, rather than two-thirds, of AFDC (aid to
families with dependent children) children above the
so-called Orshansky level; Page S 8059
(2) By 35 yeas to 49 nays, Stevens amendment to
delete section C (to Buckley amendment No. 1289)
setting conditions for the release of personal data; and
Page S 8079
(3) By 40 yeas to 43 nays, section B (of Buckley
amendment No. 1-)89), to provide that no student- be
required to reveal information about his personal or
family life without parental consent. Page S 8081
Pages 5 8037-5 8083
Treaty Received: Protocols for the extension of the
Wheat Trade Convention and the-Food Aid Convention
constituting the International Wheat Agreement, 1971
(Ex. C, 93d Cong., 1st sess.) were received, the injunc-
tion of secrecy removed therefrom, and the protocols,
together with accompanying papers, were referred to
C61nn ittee on Foreign Relations. Page S 8091
Confirmations: Senate confirmed the following noini-
nations:
Russell J. Hawke, Jr., of North Carolina, to be Federal
Cochairman of the Coastal Plains Regional Commis-
sion;
D 525
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 S 8064
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Mr. ROTH. Does the Senator anticipate The PRESIDING OFFICER. Without vote on it immediately before the
9.ov votes tonight? objection, it is so ordered. ley amendments.
amendments yet today. on any rollcall vote today be limited to Mr. ROBERT C. BYRD. Mr. Presides
he would not hold the entire Senate host- IL suggest the. absence of a quorum, on unanimous consent that I may yield.f
tonight. York.. whatever amendments he brings up!*1
majority whip that no votes were held objection, the clerk will call the roll. then to return to the amendment
protect my rights. Mr. MATHIAS. Mr. President, I ask Senator for yielding time from the'bil i
Mr. ROBERT C. BYRD. Mv~ under- unanimous consent that the order for Mr. JAVITS. I cannot Yield time ;Se
certain parts of, the country. The same The PRESIDING OFFICER. Without unanimous consent, Mr. President, Uijig.
request may be made when the Senator objection, it is so ordered. I may lay aside the amendment w
event. time on. this amendment? I yielded here objection to the request of the Senato
Mr. GRIFFIN. It is altogether possible, for the purpose of trying to get a amani- from New York (Mr. JAvrrs} ? The C1
is it not. that if we could discuss the mous-consent agreement. I yielded my hears none, and it is xo ordered,
not take coo lone and we could"handle, The PRESIDING OFFICER. The Sen- Ing the right to object, 1 -did not an d&
perhaps. at least one vote tonight. ator from Arkansas. has 4 rises re- stand that the Senator from New Yorl
is usually very brief in the explanation of . thank the Chair. I yield 1 minute, to the Mr. GRIFFIN. Is- there a time limi
from West Virginia? The Chair. hears The PRESIDING OFFICER. Without Mr. MCCLELI,AN.. i have only 2 mo
senators. --- - -- - Mr:, JAVITS. I yield. Mr: PEEL. Mr. President, I am-
.. -..The PRESIDING OFFICES T'? C?"- , _ ._ . _ . , - ? - - _ . - _ - a
ROBERT C. BYRD. Mr. President, time The PRESIDING OFFICER.Isth
Mr.
?dnt?+rF'T.LAN Mr.;.president T ask .o
. _..? _. --,___ , _ M
r.
The PRESIDING OFFICER. The Sen- sor of the McClellan amendment.
O The :junior... Senator from New Yore
PRES T ING F !0 Wi+i, Alit The - - - - . -
-- -.
The
was recognizing the junior Senator from-....objection, It is .`,o orderred,
. AMENDMENT NO, I289
Mr: McCLELLAN. Now I would ask the
mr, the absence Aar. rresiaen4, 1 bug- would he tell me briefly what his amend- up my amendment No. 1289 and ask that
Best the absence of a quorum. it hP stntPr7_ :4
t
If
i uer
o -w?
Mr. JAVITS. 1 am afraid my time is IU . JA I.LV.
up. Could we do it on the bill or accom- this amendment, would get more than 2 The legislative clerk read as follows:
niociate the Senator under unanimous percent of. the appropriation-I am told on page 330, between lines 17 and 18, in-
.11 ..,, nog - as 'I nw a narrPnt. sert the following new section: '
either side :tor the quorum? but if it takes more than 2 percent, then "PROTECTION OF THE RIGHTS AND PRIVACY O8
Mr. BUCKLEY. Mr. President, I sug- it takes a small sum away, because if we PAnEivzs AND STUDENTS
nest the absence of a quorum and ask treat Puerto Rico as a State, it ni'ay do 'SEC. 437. (a) RIGHT of ACCESS AND OF A
unanimous consent that the time not be better than 2 percent which we deduct HEARING.-(i) No funds shall be made avail
charged to either side. out of the 3 percent. at t under any applicable program to any
State or local educational agency, any inst}-
The PRESIDING OFFICER. Is there Mr. McCLELLAN. Why was this not tution of higher education, any community
objection? The Chair hears none, and done in committee? I do not know how college, any school, preschool, or any other
The legislative clerk proceeded to call I really do not. of denying. or which effectively prevents me-
parents of students under eighteen years of
the roll. Mr. JAVITS. If the Senator wishes, Mending attending any school of such agency, or
l,ir. ROBERT C. BYRD. Mr. President, this matter can be held overnight or, if attending such institution of higher educe-
I ask tunanimous consent that the order necessary, we can have a rollcall vote tion, community college, school, preschool,
for the quorum AA (y 1f ii. Releas ~ ~0~i b v~PJ41 ~ rl~ooo?b a institution, the right to
 May 14, AT 974 CONGRESSIONAL RECORD. - SENATE S x;315
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t d nd all official rec- "(Al other school officials, including of tars c . Regulations esta,~. s1 eft un de;
a
ny a
inspec an revrevi
ords, files, and data directly related to their teachers within the educational institution this subsection shall Include pros i roxr< cor,--
children, including all material that Is in- or local educational agency who have legiti- trolling the use, dissemlin tion a d pro-?
corporated into each student's cumulative mate educational interests; tection of such data. No survey or data-
record folder, and intended for school use or "(B) to officials of other schools or school' gathering activities shall he tonducted by
to she available to parties outside the school systems in which the student intends to en- the Secretary, or an administrative head of
cr,sibilitle
ency have resr
ation a
d
'
.
g
uc
s par- an e
or school system, and specifically Including, roll, upon condition that the student
but not necessarily limited to. identifying eats be notified of the transfer, receive a under an applicable program unless such
data, academic work completed, level of copy of the record it desired, end have an activities are authorized by the Acct estab-
achievenment (grades, standardized achieve- opportunity for a hearing to challenge the lishing such a program.
went test scores), attendance data, scores on content of the record. "(e) For the purposes of this ,section,
Standardized intelligence, aptitude, and psi- "(2) No funds shall be made available un- whenever a student has attained eighteen
chological tests, interest inventory results, der clay applicable program to any State or years of age, the permission or consent re-
health data, family background information, local educational agency, any institution of quired of and the rights accorded to the
teacher or cor.unselor ratings and observa- higher education, any community college, parents of the student shall thereafter cnly
tions, and verified reports of serious or recur- any school, preschool, or any other educa- be required of and accorded to the student.
rent behavior patterns. Where such records f No funds shall be made available un-
tional institution which has a policy or prac- (a applicable unless the re-
or data include information on more than tice of furnishing, in any form, any iuforma- der Y program
one student, the parents of any student shall Lion contained in personal school records, to cipient of such funds informs the parents of
be entitled to receive, or be informed of, that any persons other than those listed in sub- students, or the students, if they are eighteen
of the rights accorded
e or older
ears of a
,
g
part of such record or data' as pertains to section (c) (1) unless- y
their child. Each recipient shall establish "(A) there is written consent from the them by this section.
appropriate procedures for the granting of a student's "parents specifying records to be "(g) The Secretary, or an administrative
-request by parents-for access to their child's released, the reasons for such release, and head of an education agency, shall take ap-
school records within a reasonable period of to whom, and with a copy of the records propriate actions to enforce provisions of this
time, but in no case more than forty-.five. to be released to the student's parents and section and to deal 'with-violations of this
days after the request has been made. the student if desired by the parents, or section, according to: the provisions of this
? (2) Parents shall have an-opportunity for ?(B) such information is furnished . In Act.
a hearing to challenge the content of their compliance with judicial -order, or pursuant ' ' (h) The Secretary shall establish or des-
child's school records, to insure that the rec- to any lawfully issued subpena, upon condi- agnate an office and review board within the
=-Qrds are not Inaccurate, misleading, or other- tion that parents and the students are noti- Department of Health, Education, and Wei--
in violation of -the. privacy or other fled of all such orders or subpenas in advance fare the purpose of investigating, processing,
rights -of students, and to provide an oppor- of the compliance therewith by the education reviewing, and adjudicating violations of the
tunity for the correction or deletion of any institution or agency. ' provisions of this section and complaints
,such inaccurate, misleading, or otherwise in- - -`(3) In any case in which the Secretary which may be filed concerning alleged viola-
appropriate data contained therein. or an administrative head of an education tions of this section, according to the proce-
A?res contained in subsections (c) and (d)
shau, as a part of an appucame progrcuL., uo program to request or require any AI' I'O ti+
required to undergo medical, psychological, local educational agency, any institution oY"(i) With respect any funds obligated
t
or psychiatric examination, testing or treat- higher education, any community college, prior to the effective date of this section to
merit, or immunization (except to the ex- ? any school, preschool,. or any other 'educa- any state or local educational agency, any in-
tent necessary to protect the public from tional institution to submit to a third party stitittion of higher education, any commu-
epidemics of contagious diseases), or to re (or to the Secretary or an administrative` pity college, any school, preschool, or any
veal information about his or her personal head of an education agency,. as defined in Athereducational institution, continued fur-
or family life without the prior, informed, section 409 of this Act) any data from per- Wishing of such funds shall cease meet y 1.
written consent of the student's parents. sonal, statistics or records of students, such . 1975, if the recipient has failed to meet the
"(2) No student shall, as a part of any Sp- data shall not include the names of students. conditions for funding established by this
placable program, be required, without the or their parents (in code or otherwise) with- section.
prior, informed, written consent of the stu- out the written consent of the student's 11 (j) The provisionsof'this section shall be-
dent's parents, to participate in any project parents, except- come effective ninety days after the date c:
, or course, the Primary purpose or enactment of this Act.
program "(A) in connection with "a student's appli- (k) This section may be cited as the `Fain-
principal effect of which is to affect or alter cation for financial aid; of
the personal behavior or personal values of a "(B) in compliance with any court order, ' fly Educational Rights and Privacy Act o_
student, or to explore and develop teaching or pursuant to any lawfully issued subpena, 1974''"
techniques or courses 'primarily intended to if the parents and students are notified of On page 122, in the table contents, after
ow f
-affect such behavior and values. an such order in advance of the compliance the item "Ssc. 512" insert the following:
-- y _ .. - .,Q"
513 prntectinn of the rights and pi'i-
tended the co of their child in any the co ..
participation mmunity college, the school, preschool, Mr. gIICKLEy, W. President, I send
research or experimentation project which is or other educational institution.. , to the desk two perfecting amendments.
a part of an applicable program. No child ?` (4) (A) With respect to subsections (c)
shall participate in such a project if the (1) and (c) (2) and (c) (3), all persons, Through some oversight the printing
parents of such child object to such partiei- ogenciPs nr organizations desiring access to office failed to include two provisions
OFFICER
PRESI
h
.-M
. -? ---
e
eluding preschools, for the purpose oz" available to parents and to the school OM- +
research or experimentation, except that re- cial responsible for record maintenance as , Objection, it is so ordered, and the
search or experimentation projects shall not a means of auditing the operation. of the amendment is so modified.
Include projects in the field of reading or system The text of the perfecting amend-
bilingual education,. as determined by the "(4) (B) With respect to this subsection, meats is as follows:
Commissioner. _ personal Information shall only be trans- On page 1, between lines 2 and 3, insert
n
..,
fatitu,Jtion of higher education, any commu- student. SEC. 513. Part C of the General Education
the
pity college, any school, preschool, or any "(d) PROTECTION of PERSONAL DATA---Tbe Provisions Act is amended by adding at
al institution which has a Secretary shall adopt appropriate regula- end thereof the following new section:
th
d
ti
e
on
er e
uca
c ;policy of permitting the release of records or tions to protect the rights of privacy of stu- On page 4, line 23, after the word "other ?
files (or personal information contained dents and their families in connection with insert the word "local".
therein) of students without the written con- ' any surveys or data-gathering activities
sent of their parents to any individual, conducted, assisted, or authorized by the Mr. BIICF 21Y. Mr. President, as 111o1'e
agency, or organizettoy, other than the foi- Secretary or an administrative head of an stories come out in the media about the
,t ...- education agency (as defined in section 409 abuses of personal data by schools and
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 May 197
5 611066 Approved For I$Ogi~iLRE66 /6 ' :l YW-W1 00700060020-6
My,
, are
the
amen Go:;ea inert agencies, the public and sschooia.rdinn cts around and could cause ental ri htsandtts protect privracgaI
aware of the in ad of tn problems such abuses pose, ps ool
that addition, , the revelations
coming der- sed tNe ~vktvith a slhm larBdemandoard the might heof access to their cnhiidre
L
age
of
h
ol board
o
gatherir_g and the abuse of personal sc
, - disclosure of such records
dies, and have generated increased pub- mand Aa t "violated the aconfiden
that ti proper lacking personal data on students and their pa$
f
the
egua=mow,
- -_--
tion of such activities and abuses. st is proper sa
sopropriate, therefore, that we take this misused or abused. He added that: Third, require parental consent befor?
opportunity to protect the rights of stu- ., These kinds could have been categorized, such records are disclosed to most third
l stereo-typed for life on the basis
an
arties
d
dlS
t
Y
a p
e
,
co
dents and their parents and to preven
.Fourth, require parental consent
tree buse of personal flies and data, in of information put on tae tape while they
l were in school.
ation before their children are
tifl
ti
a
ona
c
ted educa
the area, of federally assis lio
In addition to being denied access to made to undergo certain forms of testing;
artivities. at=
Many absurd and sometimes tragic their children's school records, parents or partake in certain experimental or
_ r _.
,- .. ... -- --__~._ t
,......iii., rcviaTxr tYtP.- or
a.ntiviti~
m
o
-._ - - -
recount one V. emu,. v....-...---- -------- recent article, "How Secret School Rec- in which their children are enrolled. n Fifth, make instructional materiiWt
ords Can Hurt Your. Child," in Parade often they are not asked to give their used in thec ins available for
I -me
child is given very
i
t
th
r
e
parent upon reques
magazine: - consent before
view by The parents of a junior high student are personal or psychological tests, or par- view addition, my, amendment requi
ttend a erimental programs or at- amendment
t
..
"
o a
be _ -
he woes
of to -----
..,. ,,
u
-
grad s.ut uceremoj
graduatio on ceremonies because she's a "bad titTde-affecting courses. priate safeguards to protect the rights
citizen. " What has she done that's bad, The secrecy and the denial of parental and privacy of students and their fam.
the parents ask? oven, the principal says, the rights that seem to be a frequent feature
es in regard to Government autharize8
school had a whole file on her "poor citizen- of American education is disturbing. flit,.crinr and ether data gathering actin
few to get a legal hearing, the New York tors seem the state Commissioner of Education, Ewald B. have the t primary the legal upbr nnde,?Q o fai re tiofJ My of civnlidmi fight Ito include the protee-,
hts
~- r-_--
nient that t It it was s acting in the best interest children and only entrust teem to the ? g
ment
o; the student: in Perusing to reveal the in schools for basic educational purposes. the schools. As a matter of fact, a
e
nt Federal court decision has made th
l that they ce
. formation to the parents-had no merit; The Some educators seem to fee
-, know much more about the welfare and civil rights aspect ;privacy and parer
t
commissioner concluded: "It is resai
o
ght
such information than the p-
--parents,, and therefore, once
they think they man, heard in the U.S. District Cool
sway
not
i
th
t
;
s are
e
r
nd studen
comes under
When parents a allowed to inspect school records and have the right to _ do what they them- Eastern Pennsylvania last fall. Let m
'?
chili with- quote from that summary of the case-t&
th
- _ `-_,. f
or
e
obe
~~.,. -- __ _ -
--- - - - -
records. Such inaccurate materials can parents.
have devastatingly negative, effects on . The world-famous child psychiatrist, A school district proposed to use a program
a?titlPa: Critical Period of Tnterventiaia
of an innocent, -unaware student. cerning the -care of young children till g abusers -among its eighth grsde
les of abuses can be found - that: students: Additionally, the program waui
year
ui4
Many examp
, in recent letters to the National Coin- The criticizing of parents and taking the "p1epne.Ae necesswy interventions, imittee for Citizens in Education' which - children out of the home and putting them tifp resources to train dad-aid the distri
onnel to 'remediate the problems arced
s is being commonly sug-
ol
pers
s a
to the scho
has for a long time carried on the light in for the right of parents tohave access ? gested these days actually undermines the finally, to evaluate the results:' Parental
arental confidence in the parents' own role, consent in a. prerequisite to a student's pew
p
and assisting parents across tne'rti to too much criticism. The educators are guilty solicited by a letter which is admittedly
T _-_,,,,i ins to +alra this onvortunity ity to - tha home rather than build "seiitno device". and "an attempt to coavi.t
the
r- --
commend i-n cululux ----- ing .xo uy:
cated efforts, , and to mention that, the Two cktild~pspchiatrists testified vrlthou
NCCE will very. shortly publish a major. There has been an increasing chorus contradiction. as to several * * * dangerou whieft
f complaints from parents- in the last
i the CPrProgram, none of crib
aspects e
ts and o
study entitled "Children, Paren and
School Records." it is must reading for few years about arts of some attitude. t rs. are mentioned. * * * in any of- the materials
to ha made available to parents. These dark':
g
s
-
ntrol
oss
f
___---
_
~_ _
-
a _
o
I rie
o privacy and the schools. sense
iolations of the privacy of students life and destiny, which many social com- will operate as aself-fulfilling prophecy my
ls mentators.say is growing amongst our which a child. labeled as a potential drug
will bg virtue of a label decide to be `
hoo
b
i
user
n
ccur daily
ly felt by a
and till' parents o a tj the Nation, through courses sc
re- citizens, seems to be increasing s 'that rlix:ring the student to reveal personal parents with respect to the upbringing of is anywayh people already think he or she'
she
* + ? Another danger mentioned
____ A. _ their own children. I- that of scapeAnothe in which a c
hild_",
h elitis a
by the Federal Government for. u- -- -
;n ormation on students and reflect the widening elf orts at some, both pleasant treatment either because of refusal
meet to diminish to take the CPI test or because o: the result
er
- -
E ..L The recen~ a1 of the
of Columbia bia School hool Board to re re- the rights and responsibilities of par- loiyaly co flictdthatxMightLxresult~by asking.
to ndimiinister a battery of tests, de- ents for the upbringing of their children, children the types of personal qusestions
transfer such rights and font-
with par and s.
tionshi
l
i
d t
h
p
r re
a
o
out the
ce of an
s
r:iie a threat by the Federal Offi
in tlons to the State-to separate, Tla Sla- siblings which are included in the CPI gees
illi
on
ff nearly h13 m
F,.1-;?[ 'to : to cut o a cleral l'.in s to the city's public school tively, and in some cases, literally, the tionnaire_?' Finally the qualifications of the.:
is a good case in point. The child from his parents, and to turn him school district personnel who will admin
State as renre- ester the interventions once potential drug
f th
s
e
m to the care o
e ideiit of the schools, Barbara over, L leu re, charged that many items in seated by schools and other arms of its abusers have been identified are woefully'u
C11
t `Loan - inadequate.
r
t
?',l test:, which are required in other -,scu m s
Approved For Release 2002/01/02 CIA-RDP76M00527R000700060020-6
 May 14, 19Abproved For Reras ~ 02 CI 0%p 00527R000700060020-6 4s?;
The court found that the confidenti- children subjected to a project, program entitled, "Guidelines for tali Co) ec on,
ality of the program broke down when or course, the primary purpose or prin- Maintenance, and Dissen-l at:oi; of
the school superintendent-was informed ciple of which is to affect or alter the Pupil Record," which induced samples
of the potential drug abusers, who were personal behavior or personal values of of simple forms that could be mailed to
re ernssio l or
then required to undergo attempted psy; a student. Mr. President, I would like A to parents tot obtain their
though possibly gained with a great- uca,?c .w -w~ -?-- --?-
scientific success, is the most serious prob- right to determine whether the child of parents on a number of matters, in-
lem that. faces the court. How many children should be subject to programs of be- eluding both special testing and sonic
would be labeled as potential drug abusers havior alteration and value modification. special programs or projects, Bach as
-who iii actuality are not, and would be sub- Beneath such a position is 'a very serf- drug programs or sex education.
jected to the problem of group therapy ses- ous threat to the traditional notion long Permit me to add, also, that many ele-
alone conducted by inexperienced iridicid- respected by this Nation that it is the ments of my amendment follow the rec-
.. -f +ho C!-
schools and, it offers the best=available amendment, nor would it be th efect.
vroteetio against educational abuses My amendment. simply ~ gives individual stantially over that, is justifiable. I want
4- -1-1, That ^?t 'here- I now ask the
m
the parents, to some extent, about wha rs sponsored by the Federa . Gvver
ibeing done with and to their children in This .is surely not the intent of my fore, whether my estimate of something
a little more than 2 percent, but not sub-
u
quirertxent of parental consent informs other innovative educational efforts
ent pared to the other States, and see, there-
t 7 n
modification programs. priority in whatever educational legisla- 'wish to state the owing
In fact, it shows that even the require- tion the Senate, in its wisdom, shall Puerto Rico is treated as a State in the
ment of -parental consent-can be an in- enact. House, so the amendment will be in con-
adequate safeguard in the face of the It has been argued that portions of my ference. Two, we should figure out ex-
slick and deceptive selling techniques of amendment would- throttle innovation actlywhat the relationship would be of
some educators. Yet, at least the re- and virtually close down title III and the poor children who would be covered
ert- Rico which we will do, com-
m F
that can result from poorly reso
e a educational bureaucracy but, rather, tre Javl.ts amen en .
testing, Inadequate provisions for the
safeguarding of personal' information, with the personal rights of America's Mr. JAVITS. I yield myself, 2 minutes
and f-devised or administered behavior their irrrh rights and should p rope I rly take believe such After that on f eter r discussion tescussion with Senator PELL, I
facts' One
m
to the individual-and the dangers of ill- will area a oo C
redtape for schools and the educational - Senator yield?
trained persons trying to remediate the
alleged personal behavior or values of bureaucracy. To that argument I must The PRESIDING OFFICER. Under
students. It describes the potential harm reply that I am not so much concerned the unanimous-consent request, the
d about the workload or convenience of the Senate must return to` consideration of
l
naires, violation of confidentiality ? and Some may argue that my amendment? I reserve the remainder of my time.
u h additional work and 11.fr, MATHIAS. Mr. President, will the
abuse of personal dater-with its harm t t
' The court found that the potential ror wmLLeu LA uG?.- ~?~? w? ~-- -education, and in the long run could
harm of this program outweighed any values alteration.
good that might accrue, and concluded I would respectfully suggest, Mr.'Presi- . lead to improved education. and more
as a matter of law that the CPI program dent, that the burden to secure consent harmonious school-community relations. the
it is
resident
, Mr.
rely
not too g
tim parents theright each student
the and p- most conc ntious teachersrwoulduha a SenatePto take a stand inefavor thofe, a d
no problem gaining the consent of a par- to act to protect the rights and privacy
umbra s r of f the eBill ll of inherent Rights o o In the the pen-
a eat providing the teacher ,has. demon- of parents and students where the Fed-
Consist case e I strated the worth of his proposal. To sug- eral Government and Federal funds are
ens addressed a e a microcosm the h-gest otherwise is to insult the parent-and involved. Therefore, I urge the violation of privacy privaycy m by y amendment-the personal question- underestimate the resources of Americas to give,-favorable consideration ton my
violation amendment.
i
When a program talks about labeling cred;b e. s mor and communica-
someone as a particular type and such a that it is the NEA's position that the ,,The increased openness
label could remain with him for the re- teacher should come between parents and tion with parents on the part of the
inainder.of his life, the margin of error must child on such important. matters as schools which would follow from my
be almost nil. . , school programs, the primary purpose at_ amendment would enhance parental in-
Program -worth the enore w zaeubily ,,,,,.
actual 'drug abusers.' pression between child and teacher is in that too often exists between parents
e accurate to conclude and teachers, each distrusting the other.
It
seriousness of this problem is illustrated by reaffirmation of this important and real Equally important as e o er
the fact that if one child-is so harmed and parental right. Further, the attempt to feats of my amendment is the likelihood
would be temporarily or permanently dam- nhoranteriq.p the amendment, as one that the obligation to inform parents
portunities for a child to suffer, insurm em on s oe g
able harm from a labeling when the cruelty organizations representing educators entitled "Records, Computers, and the
of other children is at an extreme. The would move to have the Senate oppose a Rights of Citizens." 41, 4-11
f-
Strict confidentiality is not marntanaeu
after evaluation and there are many op- for the welfare of their children. it bor- retary's Advisory Committee on Au. o-
ount- A I- kin that-one of the national mated Personal Data Systems at IIEW,
school officialA tpwVWeFtbvSWM 2U2'/ f1U2`'~'ChA`-'RDPgG1Vl'0`052TRD00700060020-6
m
tion to my amendment which would re- As a matter o ac , y
,quire school officials to obtain prior, writ- need not create undue pry oblems. For
A s the does nextena:ffect t is r the dft at of d, so Ion','
al Education Association (NEAT fir which denied these right's., vJhat o e sc ate,would lie at the end of the bill.
of the bi
that organization announced its opposi- and the Federal. agencies have to hide?
amendment " The PRESIDING OFFICEfl. So long
f f t
problem, I direct their attention to a licient reason is tnerC Lu-L azl,y .,G
recent communication from the Nation- stand up and say hat
+11 1-is must be amendment, under the l rules of the Sen-
_ing to reduce the future occurrences of right not to have their particular
e
r the gate parents going to court because of participate if they find such a program sstanndin of the meMti ell if it aen
s oidxd bt
encourage schools to improve these types out-of-the-ordinary - ieaerauy luwLUC4t ?w- ~- -------- - _ _
of programs and to eliminate the poten- programs in which their child might par- standing the fact-that a substantive ques-
tial for abuses beforehand, thereby tend- ticipate, and assures the parents the tion may be affected, an amendment may
h?id occur at a later part of the bill, notwith-
 S8068 Approved For. ReleCONMUOSIONA3AHMMIDGGBMGM0006002b-6. May 14J.- 197
Mr. JAVITS. Under those circum-
stances, Mr. President, I withdraw the
amendment.
The PRESIDING OFFICER. The
amendment is withdrawn.
Mr. MATHIAS. Mr. President, will the
Senator yield?
Il FELL. Mr. President, we are on the
Buc:-i?Y amendment, with how much
time on each side?
Tiie PRESIDING OFFICER., The Mc--
clelian amendment is before the Senate
at the moment. A unanimous-consent re-
quest would be in order to proceed to the
Buckley amendment.
Mr. ROBERT C. BYRD. Mr. President,,
I ask unanimous consent that the Sen-
ate now proceed to the consideration of
the Buckley amendment, No. 1289. -
The PRESIDING OFFICER. Without
objection, it is so ordered.
Who yields time?
?vMr. MATHIAS. Mr, President, will the
Senator from New York yield me 3
minutes?
Mr. JAVITS. Yes; in opposition.
Mr. MATHIAS. I have some questions
I would like to ask the distinguished
junior Senator from New York, because I
salute the thrust and the purpose which
I think he seeks to accomplish by this
amendment.
But I do want to be perfectly certain
that I understand the practical effect of
it. Turning to section 437(b) (1), page
3, 2 am wondering what effect this pro-
vision would have in the case of a stu-
dent who was the victim of an accident
sense all education has an affect on atti-
tudes, and so forth. I believe there is a
tacit rule of commonsense that applies
to the interpretation and application of
all legislation and I speak of courses,' the
primary purpose of which is to modify
behavior.
The PRESIDING OFFICER. The time
of the Senator from Maryland has
expired.
Mr, MATHIAS. Will the Senator yield
to me for 3 additional minutes?
Mr. PELL. I yield.
Mr. BUCKLEY. So clearly the exam-
ple of the Senator from Maryland would
not be covered.
Mr. MATHIAS. Of course, my concern
is that the language of the amendment
might cover it. That is what gives me
some uncertainty..
Let. us pass, to section 437(c) (1). Let
us assume the unhappy possibility that
a student is suspected of having bombed
the chemistry laboratory and the FBI or
another law enforcement agency comes
into the school, let us say, without a ju-
dicial order. Would they be unable to ex-
amine the records or files of the student
without. the "Prior, informed, written
consent" of the student's parents?
Mr. BUCKLEY. I believe they should
get a court subpena to have access to
the. records.
Mr. MATHIAS. The amendment does
not even provide for access with a sub-
pena without parental consent.
Mr. BUCKLEY. I refer to page 8,.where
it is stated:,
in the school, or the victim of an ace!- = In compliance with any court order, or
dent on a playground. Would It prevent pursuant to any lawfully issued subpena, if
the school from arranging to have him the parents and students are notified of any
such order in advance of the compliance
immediately examined: 'and medical- therewith
. .
treatment given to him?
Mr. BUGKLEY.'No, of course not. Nor-. Mr. MATHIAS. The Senator is correct
mal medical advice and hospital' pro- but also it would require the warrant or
cedures usually require parental consent, the written consent, even in the case I
and in those situations where the parents suggested.
could not be contacted the treatment Now, I wish to ask the Senator this
would be available. ? question. Does the provision allow the
Mr. MATHIAS.- Would it not be neces- use of -any identification device ? other
sary then, to have an exception because ? than the names of students or the names
there is an exception in the general. im- of parents?
.LT,. T2TT/-TZT'L 1r Sin if Anaa nnf:- _--
mr. i1LLL111Z1.ri " ~" "" wV4tU vu ~atv, ,
gency treatment. would have to be made ,1? ?n~~ihlo iriai +.iflratinn thQra rn~ildrds Asec~eintiog bc~lievea that the intent
n
would be under some jeopardy'here.
Mr. BUCKLEY.I would be glad to ask
n
r
a
a
cure on the student's life, would the Sen of the Senator from Maryland has 1?e c s ..p e ,- .~ r
a or's amendment require the parents, expired. 2. The amendment requires that school
authorities provide parents with student files
"prior, informed, written consent" for Mr. XIATHIAS. Mr. President, will the within thlrt da- s after the request is made:'
that type coAp -oved For Release 2(~92it# :/Q>2eldCtA-t ?Ra~i61~10N$ 100rTWO600, records may have to be
LV . L1VL1a1t1', a. i
:s_a,i~:er of grooming, as the result of a pendent right of access to, and consent with.
course in civics, where he has become Mr. MATHIAS, What will happen to a respect to- the divulgence of. their files. At-
more interested in the system, and we Program of that sort? the same time, It may be advisable to impose:-
have a course which is a positive influ- The PRESIDING OFFICER. The time a minimal age, such as 15 years, at which.,
L ld' -11 d
ch
rt
t
iht^ -IA,
f ct? The Chair hears no objection, and derway in California and Vermont. tames prior to release of such files to third
it is so ordered. parties (with certain exceptions). However,
1 ordered. If there were a course Under this provision if the parents of if the rights of students are distinguishable. HIAS. ';.~ :Mr given which is clearly a course a child object to the child's Participation, from the rights of parents, and if the esser
~ing
than that child would not be able to tion of those rights should not be solely de-
unanimous consent to amend my_amend-
ment by inserting on line 11, page 3,.fol
lowing the word "immunization" the
words "or emergency , medical treat-
ment."
The PRESIDING OFFICER. Is there
objection to the Senator from New York
modifying his amendment to that ef-
Mr. BUCKLEY. No. . , erate uneceeptable confusion because of the.;
Mr. MATHIAS. And the Senator feels complicated legislative language and local
that that is a useful provision. administrative conditions: associated wiu
Finally, there are certain programs in the approach taken In the amendment- We
have been in contact with the Senator and
which there is some testing, specifically, he has:. some of our specific concerns under..
HEW through the National Institute of advisement. Those concerns are outlined
experiment with an educational voucher 1. The amendment. requires that parents
ram r am sure the Senator is fa- have the right of access to their child's,.
ro
p
g
to the Senator from Maryland.
Mr. MATHIAS. What will happen-
What happens to that child when th
whole school is involved, as in the case of
California and Vermont? Does the child
and some alternative education provided?.
Mr. BUCKLEY. That child would ob-
tern were committed to the program,
Senator from New York and I have prevl
ously discussed this amendment. I ask.
unanimous consent that a letter from the i'
National School Boards Association, be
as follows- .
Dn s S=Aroa PEnt,:: Pursuant to his "dear
colleague,. letter dated April 26, 1974, Sena.',
tor Buckley set forth proposed emendmenti
 May 14 ,A x ved For Release ?_R021n 10
5 ~ C, 527 ~1. ~E 060
S sG x
third persons, or the records sought may be 5. Subsection (c) requires parental con- eral Wa ?1_ Z ] it want to let myy friend.
stored In a central school district file or at sent for the release of personal data, except from We land realize that. I hope
the state level. Accordingly, while adminis- in certain Instances, including the "order of to hay Ch lace to have an exchange
trative footdragging can not be condoned, administrative agencies having the power. of with tlt
--nrrmnTian, a fn many Qnetanrtpe will nat ha anhnoeOa." It would annear that a is eral ,.d,top from New yolk con-
of subsection Qb} (1) can be corrected if, after ordinate to the primary objective sought' by e5 ow iriany Cases go through
the words "no student the words "partial- the amendment-but should be taken, into the, juvenile courts these days, but it is a
pating-In". are deleted and the words ", as account nevertheless..' Q.nfortuuately;, we do ..fantastic number. -
education agency includes 'such an examina- cial costs or producing records, implementing ,...formation from the teacher about the
Lion as part of one of tis federal programs, ' parental consent, procedures for innovation student who- was subject to a criminal
If the latter situation is a proper area for and divulgence 'of information, and main- : .:Process. I do not know whether the Sen-
,federal involvement, then the overbreadth taming information requests lisas are: sub- ' aOr re12 11
e
ized and perhaps mandated by -state law, - er persons or agencies should .not-lest the a era s ud_en OEM pl ogl am.
Sederal, legislation would be inappropriate in student be characterized by the innuendo of Under subsection (C), if I were a pro.
'either case as a matter of policy. However, previous searchers of his files. .. batian officer, I could not sit down and
go medical, psychological, et cetera, exam- vestigations by federal ofilcials may be nee- dents, the names and addresses of stu-
inations without parental consent, This essarg in certain circumstances, if the scope
means that if a state or local agency is of the above exception is as broad as we sug- dents without consent of tile students'
operating an examination program of that rest, then the basic purpose of the amend- parents. I cannot understand this over-
kind and Is not receiving federal aid, consent merit is defeated. protectionism to the point that it could
is not required. But if the education agency 6. Subsection (c) (4) of the amendment re- not offer to those students inforillatio,s
is receiving ESEA II library funds, for quires that a list of all persons or agencies about Federal loan funds. One could not
example, then consent is required. The basis desiring access to a student's records shall get the names and addresses of students
for this distinction is difficult to understand. be maintained in that student's file, Al- in ones' State to get them the informa-
Since the examination In question would be 'though parents, students, and certain school tion of the opportunities solely to a state program author- officials should have access to that list, oth- pportllni$ies available under
+11 F
d 1 t t 1
giicable program" shall be required to under- volved in particular activities. etc. While in- mation about its loan progral.t to stu-
possible unless the time limit is extended to agency, which is so empowered, can by-pass ' (;ei AAAYig T.nas.
45 days--and preferably 60 days. the amendment merely by issuing a general . As I understand subsection (C), it
3. Subsection (b) of the amendment pro- order applicable to all students who, for ex- would prevent a high school from giving
Tides that no student "participating in. an up- ample, attend a particular school, are in- . to a bank. that Wants to send out inf or-
o
sc
above definition, quite conceivably almost states that:
Mr. `STEVENS. Let me read frorri sub-
any classroom effort would be subject to No 'student . shall be required ta' under Section (c) :
cal style on nl uim' ticulri go ., without prior written consent
permitting the release of records or files . -.testing Perso impact upon particular the student's parents in any project of personal information contained therein
Students. But even at some point short of ( )
a literal application, the above definition will The thought I have Is that if the Sen- of students without the written consent of
grind public education into a stultifying ator would withdraw that section (b). '!heir parents to any Individual, agency, or
p
,?
.techniques or eourses.affecting the social de- does-have someT merit, Section (b) Cori- affect matters of public record, which
velopment, personal behavior, or values of Cerns me. may be. names and addresses of people
'the student." Given the broad brush of the The amendment disturbs me,iri that It -?who. happen to be students in a
ho
l
new or unproven teaching methods or tech- .....,,.. , . ?: are .. tai' llig acOUI invasion oY personal,
leaching thuslastia about -the amendment, but 'it private data My amendment does not
liiques
oz to explore or develo
research or experimental-project without the I . ` sincerely, rt
Mr FELL. Mr. President, I yield to the
prohibits the participation of any student In support ror me amenament, unless the above any ~ debate..
an applicable program which involves any 'described problems are resolved "Mr BTTCWTF''V' Mr President
:-pose the child to innovative techniques on an amendment to either delete that sec- torney. if they were to have to go to
?other than. a random or incidental basis. tion or to modify it substantially in sev- busy juvenile court judges and subpena
be applied to ESEA Title III programs, Which C i . am appl a .
are designed for experimental purposes, and which I think runs contrary to a great that, but how does a probation officer
not to programs such as ESEA Title I or many Federal policies and the best in- go about getting that information? I saw
ATDEA III, which are not intended to ex- t,-rests of the student. I intend to offer a lot of probation officers as district at-
-'irrelevant) , that too is overboard. If .such a Mr. STEVENS. Mr. President, I have dent's records and files.
restriction is really advisable, It should only serious questions about subsection ( ) M . STEnrcNS T h t kn -n,'
`if restrictions on experimentation is the ob- aenawr yielar amendment the Inclusion of the simple
eats to represent him. Although this re- . Terence we can work it out that way, child as does the Senator from Alaska,
striction only anblies to federal uroerams . ~_ ......,T . -_ , _
of the taxpayer voter in our education sys- gg no lt,
-'tem after one more review is added on top change Its-fundamental thrust, but Mr. BUCKLEY. I believe the parents
Of -the governmental structure which he takes certain precautions. I hope in con-_ have as much interest in protecting their
'-Cation: One might begin to ponder the role are going0 preserve ail of it. I think the - this amendment. That is the trouble with
administration's. su croons ..q-, t
even in. some programs, school by school - wishes; I believe they would-be suseep- - we are overprotecting in this way with
.parental committees. That amendment adds table to handling It in conference' Iiow- regard to many activities in a school. I
yet another layer to the existing stream of ever, I do not want. my colleague to feel do not want to hurt any student, but we
=administrative costs and formalities asso- we have written letters of l.OVe that we
elated with school board policy implemen- are not.going to be able to help him with
a fLmeri en could be taken Senator that probation officers need such
individual parental consent to all programs FI" "
raises other questions of federal policy. We to, conference, but the administration information to help,the students. I think
,now have federally mandated state advisory has grave 'problems with other parts of this Is. a shotgun approach..I applaud the
,,committees, local advisory committees, and It. Having reviewed the administration's ., Senator's desire. to protect students, but
values, In either case it is also questionable Mr. JAVITS. Mr. President, will the not get Information from teachers or the
whether the federal government can or ought ...Senator yield? files that would help a juvenile accused
to be involved in. deciding questions relating Mr. FELL. Iyleld. of's crime?
st Mr. A Under these . circum .prosecuting attorney, I can tell the
- Vaa'h~of the stud nt." The requir ment or
14 +11
wmcn it snotua present ror cnndren. Ana, to ment by voice vote, and my voice would Does the Senator Interpret that to
the extent any innovation is challenged there be saying "aye" or if he Insists on Ieav- mean a. bank could not say, "Give me the
of Health, some question,
Education ques a and d Welfare- e- will make Department Ing It in, which from my side of the aisle names and addresses of your graduating
of nationally or community based judgments as - I do not recommend, I would have to ask seniors?" Does the Senator interpret
to new techniques or definitions of student for a rollcall vote. that to mean a probation officer could
Approved For Release 2002/01/02 CIA-RDP76M00527R000700060020-6
 e ,,era I I CONGRESSIONAL RECORD - SENATE May 14-, I.+7.
Ap rob or R@I@ase p ~/~ ~?pp7 pA 7?SCMtidtrts ~'7 n 7 0
that informatio?i, oipif tl' ant to tallc &9? v ? 4 uciPlGv , AQ9 ro4 azr 2&& purpose than to
+,,a? are not n a to apt it. from making guinea pigs out of children gather and analyze statistical data on
t
i
i
t
h
d
e ru.+L
,
ional situation
uca
n
e e
I- do not see th& necessity for subsection and delving into their personal a tituues t
+H ssity f,, 1t0 and their attitudes toward their families, schools. However, it has been too often
statement. The fact that this informa- throughout the United States. Is that strong possibilities of being'incorporated
ed ,,+ au ..,a,, +he place Is correct? into computerized data banks or in other
L l
ea
h
injurious Hu.
-
dren in their later lives. I think we ought Mr. ERVIN. It is designed to prevent connected with the educational process.
to i+ disclosure- except to those who are au- The questionnaires usually cover many
t
` __
t -
u
s
op
nin
-
g: ---- -
---
Have remai
The PRESIDING OFFICER. The Sen- Mr. BUCKLEY. The Senator is cor- student's attitudes toward his home and;
family, his school and teachers, his feel
rect
emaining
i
t
18
.
.
es r
m
nu
,tor has
Mr. BIDEN. Mr. President, will the 'Mr. `ERVIN, I. am personally in favor ings about himself, and his feelings about
Senator from New York some questions? Mr. President, I am pleased. to co- that no governmental agency has any
in
ti
b
d
h i
i
s
ess con
us
uc
ng suc
nqu
ries unle
s
Mr. BUCKLEY.. Mr. President, I yield sponsor, the amendment concerning
5 minutes to the Senator from Dela- right to privacy, and school records pro- the parents of the children are made
posed by Senator BUCKLEY to S. 1539, fully aware of the subject matter of the
ware.
Mr. BIDEN. The Senator from New the Elementary and -Secondary Educa- inquiry and subsequently give their full:
The Issue of consent: The situation now is that chit--
limented 'tion Amendments of 1974
m
ld be c
.
p
o
York, I think, shou
on this amendment. I think it Is long. rights to privacy *ofpublic school pu- dren are rarely given a free and unpre-
overdue. I do not share the concerns of pils and their parents is one which has judiced choice of answering or not an-
the Senator from Alaska. Having been a recently become highly publicized in swering the questionnaires. In addition,
public defender, I do not think a proba- many different circles, but it is a prob- parents would be able to request to re
fficer should be able to sit down and lem that has long been with us. The time view their children's school .records and
fl
op o
talk with teachers about these matters. has come to do something about it. would have the right to challenge any:
s
his
re psyc
logis
he
hink
meet
_
--.
y a
t
ploy t
--_--'
. "----"---'
psychiatrists, and they do more harm to several worthy objectives. It ,would give Mr. President, I intend to ask soon
the child than they, help him. But my parents of public schoolchildren the for unanimous consent that some of these
objection relates to subsection (b). right of access to their minor children's questionnaires and summaries of ques=
I am early cosponsor of this amend- school records: Importantly, parents tionnaires be reprinted in the RECORD:
en+ but T think subsection (h) should wnnlrlha able to challengp any hart of However, I do wish to read, for purposes
m
e reco
rst
the contents of
we
ifi
d
..... _?_ ..--..-
uii,..
a--...
.-
sv-
be clar
e
would do. In that section it says: thenticity. The only persons having. ac- questions although they are all certainly;
No student shall, as a part of any appllca- cess to those records in. addition to the in that category. The example that I use=
are from public schools in the State
of
s
ble program, be required, without the prior, parents would be school officials, the
informed, written consent of the student's board of education, and officials at a Maryland and New Jersey, although
be there exists strong evidence that these
to participate in any project pro-
parents
l to which the pupil might
h
,
:
sc
oo
gram, or course.. the primary purpose of grin-' trancferrin?_ In order for-, any. other , unfortunate practices know no gea--
perso
hical bo dal
personal behavior or personal values of a atu-
- ,-- the
be answered with a
dent, or to explore and develop teaching tech- the parents must give their written per-
niques or courses primarily intended to af- mission. and the-permission form would , yes, or -no or multiple, choice answer.
fect such behavior and values. then become.. a part of the student's There is., no " room for - explaining : an
no stu
In
r
cord
_
--- -_-
e
.
If that were to be misread,. it could be a permanent
dent-could participate in any medical Hones AND FAMILY srrUATION'-
very, very restrictive section.
I would like, for the record, to ask. a for phychological testing program with- Are you an important person to your
- -=
d written con- family? -
d
i
rm
f
u
. ,
, an
e
n
o
t the prior,
o
a
fe
, dent of hid`narent4_ Parents of the pu- would you like to sun away from home?
lly
S ecifi
tL.caa~. "?L a Li, , aa..- i;-e-t---- -" their child's teacher.
termed research. and experimen ation lags, and leisure faculties do you' have in
under this amendment? 'One of the primary aspects of this new your home? .
T T.. BTle,MrT*Wyr Certainly not 'rabic' is legislation is the provision stating that , . sELF-EVAL-uAxioif i.a
mental educational techniques. Certain- tion, the principal,, or the teacher, would Can you give a good talk in front of peopleT:
n
kee
hin
h
i
..
g a
t
ng suc
research involv
- - games.?
math" traditional courses--would not be anything that would come within the . Do you like being just what you are?
Mr. BIDEN. Would diagnostic tests for noncompliance with this act would
d Are some students favored over others by,
_ _
_
a,...,a,. that h
of the Feder,
a
of
cour ie in order to gage the strengths been made available to the school. '""`
Do most other students want to go to,
academic disciplines be- considered "re- these school records centers around the Who are your three best friends (complete
search"? use of classroom questionnaires that are names)?
Mr. BUCKLEY. No; this is normal re- financed by governmental grants, often For what reasons have you been scolded in
search; it is not experimental. It is not the Department of Health, Edfication, class?
research into new research activities. and Welfare or a similar agency at the How do you rate your teachers to other
teachers at your grade level?
Mr. BIDEN. So it is not intended to state or local levels of government. These no you ever miss school or a class simply
really alter the traditional academic dis- questionnaires are thinly disguised as because you do not wish to go?
ciplines? The Senator is not going, after "research projects," although in actual- Does a diploma from your school mean that
that? ity they often amount to highly objec- you behaved yourself or that you. really
Mr. BUCKLEY. That is correct. tionable invasions of the psychological learned something?
Mr. ERVIN. Mr. President, will the privacy of schoolchildren. Oftentimes, PEERS AND CLASSMATES
Senator yield? the students are told that the responses Do you have many friends?
Mr. BUCKLEY. I yield. they give are classified and will not be Does being with other children bother you?
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77 T r S
May 14 19
Is it easy for you to make friends? 8. Does your teacher help you with your STATEMENT BY A COALITION of CONCarr:Ee
need hel ? PARENTS FROM EIGHT MARYLAND CnuNTIES
- Do other children get you into trouble as work when you
School? - ". 9. Do you like doing arithmetic problems ON IxNVASION OF Pr?IVACY BY MARIA NI ATPT'b`-
l?
h
t
sc
oo
Would you rather play with friends who a
are younger than you or older than you? 10. Do you wish you were In a different LTC SCHOOLS
..lass that was not in. LEM? Good Morning: My name is Malcolm Law-
important legislation and that the Con- 12. Does the LEM have too many rules? Parents Who Care, a Montgomery Countc
press should act wisely and in a forth- 13. Do you always have to do what the citizens group founded in October 1971. In
right manner to recognize the rights to other children want to do? - addition to the Parents Who Care proup, 1
ou like the other children in the Speak today on behalf of individuals from
fi
o y
14.
privacy of public schoolchildren and LEM seven other countries in Maryland represent-
their parents. I am particularly iris- 15. Do your teachers like some children iing four other citizens organizations.
the other wen-
d
uce
pressed by the strong bipartisan support better than others? I should like to intro
-that this amendment has received from M. Do other people at school really care lers of the group.
members of Congress and from many about you? Mrs. Jean Carter, from Howard County,
public and private sectors of our society. 17. Are you proud to be in the LEM? representing Citizens Advocating 13.esponsi-
I urge the Senate to adopt this Buckley 18. Do you often get a chance to make his Education (CARE).
ns with others In your group? .,. Mrs. Pat Dunlap, from Prince Georges
i
i
d
o
ec
s
amendment to the Elementary and Sec-
ondary Education Act of 1974. 19, Do you tell people that you like the County, representing Citizens for Coinmu-
LEM? n6ty Schools (CCs).
SF.Lr Mrs. Margaret txihn, from Prince Georges
In my mind school officials should not
be allowed to maintain any records out- (Yes or No Answers) County, representing Guardians for Tradi-
side of the reach of parents, much-less 1 Do you often get sick at school? .. ' . " ,tional.Education.
records of such a. personal nature as The remaining Individuals represent the
o. Can you give a good talk in front of Maryland Committee for Public Disclosure
those that we have seen. A parent has people? tioni they are.
every right to-know exactly what infOr- 3. Do you wish you were younger? In lia Ecr-. h=+>,Jcatlofl a English, from Allegany
nlation is being collected concerning his. 4Do you wish you were older? County.
children, and the provisions ' of this 5. Do you often feel happy in. school? Gloria Donohue? from Anne Arundel
amendment constitute what I` feel are 6. Are you a good reader? Mrs.
Mrs 19etty Fahey,= from North Baltimore
minimum considerations in the protec 7. Do you wish you were a different child? Count~
M