| 1 | 1 | | 81R10920 CAE-D |
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| 2 | 2 | | By: Olivo H.B. No. 2146 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a parent's right to obtain a copy of the public school |
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| 8 | 8 | | records of the parent's child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 26.004, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) A parent is |
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| 13 | 13 | | entitled to access to all written records of a school district |
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| 14 | 14 | | concerning the parent's child, including: |
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| 15 | 15 | | (1) attendance records; |
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| 16 | 16 | | (2) test scores; |
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| 17 | 17 | | (3) grades; |
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| 18 | 18 | | (4) disciplinary records; |
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| 19 | 19 | | (5) counseling records; |
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| 20 | 20 | | (6) psychological records; |
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| 21 | 21 | | (7) applications for admission; |
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| 22 | 22 | | (8) health and immunization information; |
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| 23 | 23 | | (9) teacher and counselor evaluations; and |
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| 24 | 24 | | (10) reports of behavioral patterns. |
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| 25 | 25 | | (b) A parent may make an oral or written request to obtain a |
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| 26 | 26 | | copy of a school district's records concerning the parent's child, |
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| 27 | 27 | | as described by Subsection (a). The district must comply with a |
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| 28 | 28 | | parent's request not later than the third school day after the date |
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| 29 | 29 | | the district receives the request. If a child is facing suspension, |
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| 30 | 30 | | removal, or expulsion from school, the district must comply with |
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| 31 | 31 | | the parent's request immediately. To the extent this subsection |
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| 32 | 32 | | conflicts with Chapter 552, Government Code, this subsection |
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| 33 | 33 | | prevails. |
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| 34 | 34 | | (c) Notwithstanding Section 26.012, a school district shall |
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| 35 | 35 | | provide a copy of student records requested under Subsection (b) |
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| 36 | 36 | | free of charge or at a cost not to exceed $2 if the student is |
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| 37 | 37 | | educationally disadvantaged. |
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| 38 | 38 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 39 | 39 | | school year. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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