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Bryan's Law - Missing Students

HR 3619 was introduced in February 2000. The law (Bryan's Law) seeks to amend FERPA to require each institution to (upon report to its security or police department):

  1. ....(i) make a preliminary investigation to determine the whereabouts of the student; and (ii) subject to subparagraph

  2. and if the authority is unable to verify that the student is safe within 24 hours of receiving the report-- (I) notify the student's parents, or if appropriate, any other individual listed as an emergency contact person for the student in records maintained by the institution, and the local police agency that the student is missing; and (II) cooperate with the local police agency regarding the investigation of the missing student such as entering into a written agreement with the local police agency that establishes the authority's and agency's responsibilities with respect to an investigation. The 24 hour period described in subparagraph (A)(ii) excludes Saturdays, Sundays, and holiday periods at the institution, except that once notice is provided under subparagraph (A)(ii)(I) such period shall apply regardless of the day involved.

  3. In this paragraph, the term resident student' means a student who lives in a residence that is owned and operated by the institution or is otherwise included within the definition of `campus' as such term is defined in paragraph (5)(A)(i) of this subsection.

  4. The Secretary may waive the provisions of this paragraph upon the request of a State that has enacted a law with requirements that are similar to the requirements of this paragraph.

  5. Nothing in this paragraph may be construed to--(i) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or (ii) establish any standard of care.

  6. Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this paragraph shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this paragraph.

  7. Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) shall not be construed to prevent an institution from complying with this paragraph.

Also on Monday the Supreme Court decided the Violence Against Women Act of '94 was unconstitutional as it was overreaching the federal authority to regulate interstate commerce. This legislation allowed sexual assault victims to seek federal suit against attackers.

These items were identified with the help of CLHE at http://www.clhe.org

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