Law / United States / Michigan

Higher Education Authorization and Distance Education Reciprocal Exchange Act, protection of student records

MCL 390.1692, 390.1695

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Security
Audit expectation
none

What it requires

  • If you are a college or university, public or private, that participates in a reciprocal agreement under the Act, or an out-of-state college or university that holds the department's authorization to provide distance education to Michigan residents, provide for the protection of the student records of students enrolled in your distance education program (MCL 390.1695(2)).
  • Comply with any rules the department promulgates concerning the protection of those student records (MCL 390.1695(2)).

These lines are LexLint's reading of the law's text.

If you get it wrong

Penalty structure

Administrative fine of not more than $1,000.00 for each violation of the Act or its rules, plus the department's actual costs of the investigation; the fines assessed against one college or university for multiple violations arising from the same transaction may not exceed $5,000.00 in the aggregate (MCL 390.1696(2)).

Rule
Per violation only
As of
Currency
USD
Fixed cap
5,000
Per violation unit
Violation
Per violation amount
1,000

Who enforces it

Enforcement body

Michigan Department of Licensing and Regulatory Affairs, whose powers and duties under the Act the compiler's note records as transferred to the Department of Labor and Economic Opportunity

What record it asks for

Logging duty

Section 5(2) requires protection of student records and compliance with department rules. It prescribes no log or record of access.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Higher Education Authorization and Distance Education Reciprocal Exchange Act requires each participating college, and each out-of-state college or university that holds a department authorization, to provide for the protection of the student records of students enrolled in its distance education program. Each such college must also comply with any rules the department promulgates concerning the protection of those student records.

A college or university under the Act means a degree or certificate granting public or private college or university, junior college, or community college. A participating college is a college or university located in this state that elects to participate in a reciprocal agreement under the Act and meets the requirements of section 4.

Distance education means education that uses one or more technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between them. The department may assess an administrative fine of not more than $1,000.00, plus its actual costs of the investigation, for a violation of the Act or its rules. The department may also limit, suspend, deny or revoke the authorization. The Act took effect immediately on . The Act is repealed effective .

When LexLint raises it

When your app profile says your app serves colleges and universities.

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