U.S. Code » Title 20 » Chapter CHAPTER 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER I— GENERAL PROVISIONS › Part Part C— Cost of Higher Education

20 U.S.C. § 1015c

Database of student information prohibited

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(a) Prohibition

Except as described in subsection (b), nothing in this chapter shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this chapter, attending institutions receiving assistance under this chapter, or otherwise involved in any studies or other collections of data under this chapter, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.

(b) ExceptionThe provisions of subsection (a) shall not apply to a system (or a successor system) that—(1) is necessary for the operation of programs authorized by subchapter II, IV, or VII; and(2) was in use by the Secretary, directly or through a contractor, as of the day before August 14, 2008.(c) State databases

Nothing in this chapter shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes.

(Pub. L. 89–329, title I, § 134, as added Pub. L. 110–315, title I, § 113, Aug. 14, 2008, 122 Stat. 3110.)Editorial NotesPrior Provisions

A prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, defined “public broadcasting entity” for purposes of former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244.

Another prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2089, related to annual reports by Assistant Secretary and content of these reports, prior to the general amendment of this subchapter by Pub. L. 96–374.

Notes of Decisions
Cited in 5 cases, 2012–2016 · leading case: Ass'n of Private Sector Colleges & Universities v. Duncan, 930 F. Supp. 2d 210 (D.D.C. 2013).
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Ass'n of Private Sector Colleges & Universities v. Duncan, 930 F. Supp. 2d 210 (D.D.C. 2013). · cites it 27× “§ 1092b — as “the database [that the Department] would maintain,” the Court concluded that “the Department cannot show that the database it would maintain is necessary for the operation of any other Title IV program,” and therefore vacated the reporting requirements as contrary…”
Ass'n of Private Sector Colleges & Universities v. Duncan, 870 F. Supp. 2d 133 (D.D.C. 2012). · cites it 4× “6 (a), will therefore be vacated because it is “not in accordance with” 20 U.S.C. § 1015c. See 5 U.S.C. § 706 (2)(A).”
Ass'n of Proprietary Colleges v. Duncan, 107 F. Supp. 3d 332 (S.D.N.Y. 2015). · cites it 3× “APC argues also that the GE Rules require institutions to report information regarding students' private, non-federal loans and that this provision violates 20 U.S.C. § 1015c, which prohibits the creation or maintenance of federal databases containing personally identifiable…”
Ass'n of Private Sector Colleges & Universities v. Duncan, 640 F. App'x 5 (D.C. Cir. 2016). · cites it 2× “The Association’s reliance on 20 U.S.C. § 1015c is meritless. The 2014 Rule incorporates information reported to the Department into the pre-existing National Student Loan Data System (the “Data System”).”
Ass'n of Private Sector Colleges & Universities v. Duncan, 110 F. Supp. 3d 176 (D.D.C. 2015). “Nor do the reporting requirements violate 20 U.S.C. § 1015c. That statute prohibits the collection of certain personally identifiable information about students, unless the information is collected as part of “a system .”
— 20 U.S.C. § 1015c(a) — 2 cases
Ass'n of Private Sector Colleges & Universities v. Duncan, 930 F. Supp. 2d 210 (D.D.C. 2013). “§ 1092b — as “the database [that the Department] would maintain,” the Court concluded that “the Department cannot show that the database it would maintain is necessary for the operation of any other Title IV program,” and therefore vacated the reporting requirements as contrary…”
Ass'n of Private Sector Colleges & Universities v. Duncan, 870 F. Supp. 2d 133 (D.D.C. 2012). “6 (a), will therefore be vacated because it is “not in accordance with” 20 U.S.C. § 1015c. See 5 U.S.C. § 706 (2)(A).”
— 20 U.S.C. § 1015c(b) — 3 cases
Ass'n of Proprietary Colleges v. Duncan, 107 F. Supp. 3d 332 (S.D.N.Y. 2015). “APC argues also that the GE Rules require institutions to report information regarding students' private, non-federal loans and that this provision violates 20 U.S.C. § 1015c, which prohibits the creation or maintenance of federal databases containing personally identifiable…”
Ass'n of Private Sector Colleges & Universities v. Duncan, 640 F. App'x 5 (D.C. Cir. 2016). “The Association’s reliance on 20 U.S.C. § 1015c is meritless. The 2014 Rule incorporates information reported to the Department into the pre-existing National Student Loan Data System (the “Data System”).”
Ass'n of Private Sector Colleges & Universities v. Duncan, 930 F. Supp. 2d 210 (D.D.C. 2013). “§ 1092b — as “the database [that the Department] would maintain,” the Court concluded that “the Department cannot show that the database it would maintain is necessary for the operation of any other Title IV program,” and therefore vacated the reporting requirements as contrary…”
— 20 U.S.C. § 1015c(b)(2) — 2 cases
Ass'n of Private Sector Colleges & Universities v. Duncan, 930 F. Supp. 2d 210 (D.D.C. 2013). “§ 1092b — as “the database [that the Department] would maintain,” the Court concluded that “the Department cannot show that the database it would maintain is necessary for the operation of any other Title IV program,” and therefore vacated the reporting requirements as contrary…”
Ass'n of Private Sector Colleges & Universities v. Duncan, 870 F. Supp. 2d 133 (D.D.C. 2012). “6 (a), will therefore be vacated because it is “not in accordance with” 20 U.S.C. § 1015c. See 5 U.S.C. § 706 (2)(A).”
— 20 U.S.C. § 1015c(b)(l) — 1 case
Ass'n of Private Sector Colleges & Universities v. Duncan, 870 F. Supp. 2d 133 (D.D.C. 2012). “6 (a), will therefore be vacated because it is “not in accordance with” 20 U.S.C. § 1015c. See 5 U.S.C. § 706 (2)(A).”
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