86R1761 SRS-D
By: Middleton H.B. No. 3971
A BILL TO BE ENTITLED
AN ACT
relating to the release of student directory information by a
school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.013, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1),
(a-2), and (a-3) to read as follows:
(a) Except as provided by Subsections (a-1) and (a-2) and to
provide privacy protections in addition to those provided under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), a school district may not release information the
district designates as directory information about a student under
that federal law unless the student's parent provides the district
written consent.
(a-1) A school district is not prohibited from releasing a
secondary student's name, address, and telephone number to a
military recruiter or institution of higher education unless the
parent provides written notice to the district objecting to the
release of the information.
(a-2) A school district is not prohibited from releasing any
designated directory information if the district releases the
information under an exception provided under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g(b)) for the release of education records without the written
consent of a student's parent.
(a-3) A school district shall provide to the parent of each
district student at the beginning of each school year or on
enrollment of the student after the beginning of a school year:
(1) a written explanation of the provisions of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), Section 9528 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. Section 7908), and 10 U.S.C.
Section 503(c), regarding the release of directory information
about the student; and
(2) written notice of:
(A) the right of the parent to object to the
release of a secondary student's name, address, and telephone
number to a military recruiter or institution of higher education
under Section 9528 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. Section 7908) and 10 U.S.C. Section 503(c);
(B) the general prohibition on the release of
directory information about the student in other circumstances
unless the student's parent provides written consent; and
(C) the applicable exceptions described by
Subsection (a-2) [directory information about the student under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g)].
(b) The notice required by Subsection (a-3)(2) [(a)(2)]
must contain:
(1) the following statement in boldface type that is
14-point or larger:
"Certain information about district students is
considered directory information and will be released
to anyone who follows the procedures for requesting
the information as follows:
(1) for the release of a secondary student's
name, address, and telephone number to a military
recruiter or institution of higher education, the
information will be released unless the parent or
guardian objects to the release of the information;
and
(2) in other circumstances, directory
information will be released if [unless] the parent or
guardian consents [objects] to the release of the
directory information about the student.
If you do not want [insert name of school
district] to disclose your secondary student's name,
address, and telephone number to a military recruiter
or institution of higher education [directory
information from your child's education records]
without your prior written consent, you must notify
the district in writing by [insert date] regarding
your objection to that release. You may notify the
district after that date to object to any continued
authorization to the district to release the
information without your prior written consent.
[Insert name of school district] has designated the
following information as directory information: [Here
a school district must include any directory
information it chooses to designate as directory
information for the district, such as a student's name,
address, telephone listing, electronic mail address,
photograph, degrees, honors and awards received, date
and place of birth, major field of study, dates of
attendance, grade level, most recent educational
institution attended, and participation in officially
recognized activities and sports, and the weight and
height of members of athletic teams.]";
(2) a form, such as a check-off list or similar
mechanism, that:
(A) immediately follows, on the same page or the
next page, the statement required under Subdivision (1); and
(B) allows a parent to record:
(i) the parent's objection to the release of
a secondary student's name, address, and telephone number to a
military recruiter or institution of higher education;
(ii) the parent's consent [objection] to
the release of all directory information or one or more specific
categories of directory information if district policy permits the
parent to consent [object] to one or more specific categories of
directory information;
[(ii) the parent's objection to the release
of a secondary student's name, address, and telephone number to a
military recruiter or institution of higher education;] and
(iii) the parent's consent to the release of
one or more specific categories of directory information for a
limited school-sponsored purpose if such purpose has been
designated by the district and is specifically identified, such as
for a student directory, student yearbook, or district publication;
and
(3) a statement that federal law requires districts
receiving assistance under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military
recruiter or an institution of higher education, on request, with
the name, address, and telephone number of a secondary student
unless the parent has advised the district that the parent does not
want the student's information disclosed without the parent's prior
written consent.
SECTION 2. This Act applies beginning with the 2019-2020
school year.
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, 2019.