By: Watson S.B. No. 939
(In the Senate - Filed February 18, 2009; March 9, 2009,
read first time and referred to Committee on Education;
March 31, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 31, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 939 By: Davis
A BILL TO BE ENTITLED
AN ACT
relating to a memorandum of understanding between the Texas
Education Agency and the Department of Family and Protective
Services addressing exchange of information regarding students in
foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.029 to read as follows:
Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE
OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the
Department of Family and Protective Services shall enter into a
memorandum of understanding regarding the exchange of information
as appropriate to facilitate the department's evaluation of
educational outcomes of students in foster care. The memorandum of
understanding must require:
(1) the department to provide the agency each year
with demographic information regarding individual students who
during the preceding school year were in the conservatorship of the
department following an adversarial hearing under Section 262.201,
Family Code; and
(2) the agency, in a manner consistent with federal
law, to provide the department with aggregate information
regarding educational outcomes of students for whom the agency
received demographic information under Subdivision (1).
(b) For purposes of Subsection (a)(2), information
regarding educational outcomes includes information relating to
student academic achievement, graduation rates, school attendance,
disciplinary actions, and receipt of special education services.
(c) The department may authorize the agency to provide
education research centers established under Section 1.005 with
demographic information regarding individual students received by
the agency in accordance with Subsection (a)(1), as appropriate to
allow the centers to perform additional analysis regarding
educational outcomes of students in foster care. Any use of
information regarding individual students provided to a center
under this subsection must be approved by the department.
(d) Nothing in this section may be construed to:
(1) require the agency or the department to collect or
maintain additional information regarding students in foster care;
or
(2) allow the release of information regarding an
individual student in a manner not permitted under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g) or another state or federal law.
SECTION 2. The Texas Education Agency and the Department of
Family and Protective Services shall enter into the memorandum of
understanding required by Section 7.029, Education Code, as added
by this Act, not later than January 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *