| 1 | 1 | | 85R1254 MK-F |
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| 2 | 2 | | By: Burton S.B. No. 242 |
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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 the right of a child's parent to public school records |
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| 8 | 8 | | and information concerning the 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 AND RIGHT TO FULL |
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| 13 | 13 | | INFORMATION CONCERNING STUDENT. (a) A parent is entitled to: |
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| 14 | 14 | | (1) access to all written records of a school district |
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| 15 | 15 | | concerning the parent's child, including: |
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| 16 | 16 | | (A) [(1)] attendance records; |
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| 17 | 17 | | (B) [(2)] test scores; |
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| 18 | 18 | | (C) [(3)] grades; |
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| 19 | 19 | | (D) [(4)] disciplinary records; |
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| 20 | 20 | | (E) [(5)] counseling records; |
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| 21 | 21 | | (F) [(6)] psychological records; |
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| 22 | 22 | | (G) [(7)] applications for admission; |
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| 23 | 23 | | (H) [(8)] health and immunization information; |
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| 24 | 24 | | (I) [(9)] teacher and school counselor |
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| 25 | 25 | | evaluations; [and] |
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| 26 | 26 | | (J) [(10)] reports of behavioral patterns; and |
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| 27 | 27 | | (K) other records relating to the child's general |
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| 28 | 28 | | physical, psychological, or emotional well-being; and |
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| 29 | 29 | | (2) except as provided by Section 38.004, full |
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| 30 | 30 | | information regarding the school activities of the parent's child |
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| 31 | 31 | | and disclosure of any general knowledge regarding the parent's |
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| 32 | 32 | | child possessed by an employee of a school district, including |
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| 33 | 33 | | general knowledge that relates to any of the categories of |
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| 34 | 34 | | information addressed in Subdivision (1). |
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| 35 | 35 | | (b) An attempt by an employee of a school district to |
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| 36 | 36 | | conceal or withhold, or to encourage or coerce a child to withhold, |
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| 37 | 37 | | information or general knowledge concerning the child from the |
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| 38 | 38 | | child's parent is grounds for discipline under Section 21.104, |
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| 39 | 39 | | 21.156, or 21.211, as applicable. |
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| 40 | 40 | | (c) A request by a child to an employee of a school district |
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| 41 | 41 | | to conceal or withhold information or general knowledge concerning |
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| 42 | 42 | | the child from the child's parent is not a defense to any |
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| 43 | 43 | | disciplinary action taken against the employee under Subsection |
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| 44 | 44 | | (b). |
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| 45 | 45 | | (d) A school district may not adopt or enforce any rule that |
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| 46 | 46 | | conflicts with this section. |
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| 47 | 47 | | (e) For purposes of this section, "general knowledge" means |
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| 48 | 48 | | personal, direct, or incidental knowledge. |
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| 49 | 49 | | SECTION 2. Section 26.008, Education Code, is repealed. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2017. |
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