| 1 | 1 | | 84R6341 KJE-D |
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| 2 | 2 | | By: González H.B. No. 1672 |
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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 requiring public institutions of higher education to |
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| 8 | 8 | | request student disciplinary records for certain applicants for |
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| 9 | 9 | | admission to the institution. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.9246 to read as follows: |
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| 13 | 13 | | Sec. 51.9246. REQUEST FOR DISCIPLINARY RECORDS OF CERTAIN |
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| 14 | 14 | | APPLICANTS FOR ADMISSION. (a) In this section: |
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| 15 | 15 | | (1) "Coordinating board" means the Texas Higher |
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| 16 | 16 | | Education Coordinating Board. |
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| 17 | 17 | | (2) "Institution of higher education" has the meaning |
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| 18 | 18 | | assigned by Section 61.003. |
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| 19 | 19 | | (3) "Postsecondary educational institution" has the |
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| 20 | 20 | | meaning assigned by Section 56.003. |
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| 21 | 21 | | (b) On receipt of an admissions application from an |
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| 22 | 22 | | applicant requesting undergraduate transfer admission to the |
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| 23 | 23 | | institution or admission to a graduate, postgraduate, or |
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| 24 | 24 | | professional program offered by the institution, an institution of |
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| 25 | 25 | | higher education shall request the student's disciplinary records |
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| 26 | 26 | | from each postsecondary educational institution at which the |
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| 27 | 27 | | applicant was previously enrolled, as identified in the applicant's |
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| 28 | 28 | | admissions application. |
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| 29 | 29 | | (c) Subject to the limitation prescribed by Subsection (d), |
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| 30 | 30 | | an institution of higher education that receives a request for a |
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| 31 | 31 | | student's disciplinary records from another institution of higher |
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| 32 | 32 | | education under Subsection (b) shall deliver a copy of the records |
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| 33 | 33 | | to the requesting institution as soon as practicable. The records |
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| 34 | 34 | | must state the factual basis of any disciplinary action taken by the |
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| 35 | 35 | | institution against the student. |
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| 36 | 36 | | (d) An institution of higher education that is required to |
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| 37 | 37 | | release student disciplinary records under Subsection (c) shall |
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| 38 | 38 | | comply with any applicable provision of federal law regarding |
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| 39 | 39 | | confidentiality of student educational information, including the |
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| 40 | 40 | | Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 41 | 41 | | Section 1232g). |
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| 42 | 42 | | (e) The coordinating board shall adopt rules as necessary to |
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| 43 | 43 | | implement this section in a manner that ensures compliance with |
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| 44 | 44 | | federal law regarding confidentiality of student educational |
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| 45 | 45 | | information, including the Family Educational Rights and Privacy |
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| 46 | 46 | | Act of 1974 (20 U.S.C. Section 1232g). |
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| 47 | 47 | | SECTION 2. Section 51.9246, Education Code, as added by |
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| 48 | 48 | | this Act, applies beginning with admissions applications received |
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| 49 | 49 | | by a public institution of higher education on or after January 1, |
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| 50 | 50 | | 2016. |
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| 51 | 51 | | SECTION 3. Not later than January 1, 2016, the Texas Higher |
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| 52 | 52 | | Education Coordinating Board shall adopt rules necessary to |
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| 53 | 53 | | implement Section 51.9246, Education Code, as added by this Act. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2015. |
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