By: Kuempel H.B. No. 4437
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of student records held by the
Texas Higher Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.031 of the Education Code is amended
as follows:
Sec. 61.031. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The board shall maintain a file on each written complaint filed
with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
(d) Notwithstanding any other provision of law, information
regarding a current, former, or prospective applicant or student of
an educational institution that is obtained, received, or held by
the Texas Higher Education Coordinating Board (the Coordinating
Board) for the purpose of providing assistance with access to
post-secondary education shall be considered confidential and
excepted from disclosure as an "educational record" under Chapter
552.114, Government Code, and may only be released in conformity
with the Family Educational Rights and Privacy Act of 1974, Sec.
513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.