Texas 2019 - 86th Regular

Texas House Bill HB3971 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1761 SRS-D
2	2	By: Middleton H.B. No. 3971
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of student directory information by a
8	8	school district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 26.013, Education Code, is amended by
11	11	amending Subsections (a) and (b) and adding Subsections (a-1),
12	12	(a-2), and (a-3) to read as follows:
13	13	(a) Except as provided by Subsections (a-1) and (a-2) and to
14	14	provide privacy protections in addition to those provided under the
15	15	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
16	16	Section 1232g), a school district may not release information the
17	17	district designates as directory information about a student under
18	18	that federal law unless the student's parent provides the district
19	19	written consent.
20	20	(a-1) A school district is not prohibited from releasing a
21	21	secondary student's name, address, and telephone number to a
22	22	military recruiter or institution of higher education unless the
23	23	parent provides written notice to the district objecting to the
24	24	release of the information.
25	25	(a-2) A school district is not prohibited from releasing any
26	26	designated directory information if the district releases the
27	27	information under an exception provided under the Family
28	28	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
29	29	1232g(b)) for the release of education records without the written
30	30	consent of a student's parent.
31	31	(a-3) A school district shall provide to the parent of each
32	32	district student at the beginning of each school year or on
33	33	enrollment of the student after the beginning of a school year:
34	34	(1) a written explanation of the provisions of the
35	35	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
36	36	Section 1232g), Section 9528 of the Elementary and Secondary
37	37	Education Act of 1965 (20 U.S.C. Section 7908), and 10 U.S.C.
38	38	Section 503(c), regarding the release of directory information
39	39	about the student; and
40	40	(2) written notice of:
41	41	(A) the right of the parent to object to the
42	42	release of a secondary student's name, address, and telephone
43	43	number to a military recruiter or institution of higher education
44	44	under Section 9528 of the Elementary and Secondary Education Act of
45	45	1965 (20 U.S.C. Section 7908) and 10 U.S.C. Section 503(c);
46	46	(B) the general prohibition on the release of
47	47	directory information about the student in other circumstances
48	48	unless the student's parent provides written consent; and
49	49	(C) the applicable exceptions described by
50	50	Subsection (a-2) [directory information about the student under the
51	51	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
52	52	Section 1232g)].
53	53	(b) The notice required by Subsection (a-3)(2) [(a)(2)]
54	54	must contain:
55	55	(1) the following statement in boldface type that is
56	56	14-point or larger:
57	57	"Certain information about district students is
58	58	considered directory information and will be released
59	59	to anyone who follows the procedures for requesting
60	60	the information as follows:
61	61	(1) for the release of a secondary student's
62	62	name, address, and telephone number to a military
63	63	recruiter or institution of higher education, the
64	64	information will be released unless the parent or
65	65	guardian objects to the release of the information;
66	66	and
67	67	(2) in other circumstances, directory
68	68	information will be released if [unless] the parent or
69	69	guardian consents [objects] to the release of the
70	70	directory information about the student.
71	71	If you do not want [insert name of school
72	72	district] to disclose your secondary student's name,
73	73	address, and telephone number to a military recruiter
74	74	or institution of higher education [directory
75	75	information from your child's education records]
76	76	without your prior written consent, you must notify
77	77	the district in writing by [insert date] regarding
78	78	your objection to that release. You may notify the
79	79	district after that date to object to any continued
80	80	authorization to the district to release the
81	81	information without your prior written consent.
82	82	[Insert name of school district] has designated the
83	83	following information as directory information: [Here
84	84	a school district must include any directory
85	85	information it chooses to designate as directory
86	86	information for the district, such as a student's name,
87	87	address, telephone listing, electronic mail address,
88	88	photograph, degrees, honors and awards received, date
89	89	and place of birth, major field of study, dates of
90	90	attendance, grade level, most recent educational
91	91	institution attended, and participation in officially
92	92	recognized activities and sports, and the weight and
93	93	height of members of athletic teams.]";
94	94	(2) a form, such as a check-off list or similar
95	95	mechanism, that:
96	96	(A) immediately follows, on the same page or the
97	97	next page, the statement required under Subdivision (1); and
98	98	(B) allows a parent to record:
99	99	(i) the parent's objection to the release of
100	100	a secondary student's name, address, and telephone number to a
101	101	military recruiter or institution of higher education;
102	102	(ii) the parent's consent [objection] to
103	103	the release of all directory information or one or more specific
104	104	categories of directory information if district policy permits the
105	105	parent to consent [object] to one or more specific categories of
106	106	directory information;
107	107	[(ii) the parent's objection to the release
108	108	of a secondary student's name, address, and telephone number to a
109	109	military recruiter or institution of higher education;] and
110	110	(iii) the parent's consent to the release of
111	111	one or more specific categories of directory information for a
112	112	limited school-sponsored purpose if such purpose has been
113	113	designated by the district and is specifically identified, such as
114	114	for a student directory, student yearbook, or district publication;
115	115	and
116	116	(3) a statement that federal law requires districts
117	117	receiving assistance under the Elementary and Secondary Education
118	118	Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military
119	119	recruiter or an institution of higher education, on request, with
120	120	the name, address, and telephone number of a secondary student
121	121	unless the parent has advised the district that the parent does not
122	122	want the student's information disclosed without the parent's prior
123	123	written consent.
124	124	SECTION 2. This Act applies beginning with the 2019-2020
125	125	school year.
126	126	SECTION 3. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2019.