Bill Text: TX HB2103 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to education research centers and the sharing of educational data between state agencies; redesignating certain fees as charges.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-06-14 - Effective immediately [HB2103 Detail]
Download: Texas-2013-HB2103-Enrolled.html
H.B. No. 2103 |
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relating to education research centers and the sharing of | ||
educational data between state agencies; redesignating certain | ||
fees as charges. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 1.005, Education Code, is | ||
amended to read as follows: | ||
Sec. 1.005. EDUCATION RESEARCH CENTERS[ |
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SECTION 2. Section 1.005(a), Education Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Cooperating agencies" means the Texas | ||
Education Agency, the Texas Higher Education Coordinating Board, | ||
and the Texas Workforce Commission. | ||
SECTION 3. Section 1.005, Education Code, is amended by | ||
amending Subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k) | ||
and adding Subsections (g-1), (j-1), (j-2), and (l) to read as | ||
follows: | ||
(b) The [ |
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board shall [ |
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education research to conduct studies or evaluations using the data | ||
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(c) A center must [ |
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or university, or public state college, as those terms are defined | ||
by Section 61.003, or a consortium of those institutions. The | ||
coordinating board shall solicit requests for proposals from | ||
appropriate institutions to establish centers under this section | ||
and shall select one or more institutions to establish each center | ||
based on criteria adopted by the coordinating board. | ||
(d) A center must [ |
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each [ |
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operating or participating in the operation of the center | ||
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provide for the operation of the center, so long as the center meets | ||
contractual and legal requirements for operation, for a 10-year | ||
period [ |
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(e) A center shall conduct education and workforce | ||
preparation studies or evaluations [ |
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(1) the impact of local, regional, state, and federal | ||
policies and [ |
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intervention, or service at any level of education from preschool | ||
through postsecondary education; | ||
(2) the performance of educator preparation programs; | ||
(3)[ |
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(4) the best practices of school districts with regard | ||
to classroom instruction, bilingual education programs, special | ||
language programs, and business practices. | ||
(f) Any cooperating agency [ |
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studies or evaluations [ |
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particular importance to the state, as determined by the | ||
cooperating agency, if the cooperating agency provides to the | ||
center [ |
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study or evaluation [ |
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(g) A [ |
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center[ |
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under Section 1.006 to protect the confidentiality of [ |
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information used or stored at the center in accordance with | ||
applicable state and federal law, including rules establishing | ||
procedures to ensure that confidential [ |
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duplicated or removed from a center in an unauthorized manner. | ||
(g-1) In conducting studies or evaluations under this | ||
section, a center: | ||
(1) may use student and educator data, including data | ||
that is confidential if permitted under the Family Educational | ||
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), that the | ||
center has collected from a cooperating agency or any other agency, | ||
a public or private institution of higher education, a school | ||
district, a provider of services to a school district or public or | ||
private institution of higher education, or an entity explicitly | ||
named in an approved research project of the center; | ||
(2) shall comply with state and federal law governing | ||
the confidentiality of student information and shall provide for | ||
the review of all study and evaluation results to ensure compliance | ||
with those laws and any rules adopted or regulatory guidance issued | ||
under those laws; | ||
(3) may provide researchers access to shared data only | ||
through secure methods and require each researcher to execute an | ||
agreement regarding compliance with the Family Educational Rights | ||
and Privacy Act of 1974 (20 U.S.C. Section 1232g) and rules adopted | ||
under that Act; and | ||
(4) shall conduct regular security audits and report | ||
the audit results to the coordinating board and the advisory board | ||
established under Section 1.006. | ||
(h) The cooperating agencies and the educational | ||
institution or institutions operating a center [ |
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purposes of this section. The educational institution or | ||
institutions [ |
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appropriate, for the use of a center's research, resources, or | ||
facilities. | ||
(j) The cooperating agencies shall execute agreements for | ||
the sharing of data for the purpose of facilitating the studies or | ||
evaluations at education research centers described by this | ||
section. In accordance with the agreements, each cooperating | ||
agency shall make available all appropriate data, including to the | ||
extent possible data collected by the cooperating agency for the | ||
preceding 20 years. A cooperating agency shall periodically update | ||
the data as additional data is collected, but not less than once | ||
each year [ |
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(j-1) In accordance with an agreement under Subsection (j), | ||
the coordinating board shall maintain the data contributed by the | ||
cooperating agencies in a repository to be known as the | ||
P-20/Workforce Data Repository. The repository shall be operated by | ||
the coordinating board. As provided by the agreement, the | ||
coordinating board shall include other data in the repository, | ||
including data from college admission tests and the National | ||
Student Clearinghouse. The coordinating board shall conduct data | ||
matching using a protocol approved by the cooperating agencies. | ||
(j-2) The coordinating board may enter into data agreements | ||
for data required for approved studies or evaluations with the | ||
state education agency of another state, giving priority to the | ||
agencies of those states that send the highest number of | ||
postsecondary education students to this state or that receive the | ||
highest number of postsecondary education students from this state. | ||
An agreement under this subsection must be reviewed by the United | ||
States Department of Education and must require the agency of | ||
another state to comply with all data security measures required of | ||
a center. The coordinating board may also enter into data | ||
agreements with local agencies or organizations that provide | ||
education services to students in this state or that collect data | ||
that is relevant to current or former students of public schools in | ||
this state and is useful to the conduct of research that may benefit | ||
education in this state. | ||
(k) In implementing this section, a cooperating agency [ |
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cooperating agency and available for the purpose of establishing | ||
the centers. After a center is established, the center must be | ||
funded by gifts and grants accepted under this section or charges | ||
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(l) Notwithstanding another provision of this section, a | ||
cooperating agency must establish procedures that protect | ||
confidential information provided to a center by a cooperating | ||
agency. | ||
SECTION 4. Chapter 1, Education Code, is amended by adding | ||
Section 1.006 to read as follows: | ||
Sec. 1.006. EDUCATION RESEARCH CENTER ADVISORY BOARD. | ||
(a) The commissioner of higher education shall create, chair, and | ||
maintain an advisory board for the purpose of reviewing study or | ||
evaluation proposals and ensuring appropriate data use under | ||
Section 1.005, including compliance with applicable state and | ||
federal laws governing use of and access to the data. | ||
(b) The advisory board is not a governmental body for | ||
purposes of Chapter 551 or 552, Government Code. | ||
(c) The membership of the advisory board must include: | ||
(1) a representative of the Texas Higher Education | ||
Coordinating Board, designated by the commissioner of higher | ||
education; | ||
(2) a representative of the Texas Education Agency, | ||
designated by the commissioner of education; | ||
(3) a representative of the Texas Workforce | ||
Commission, designated by the commission; | ||
(4) the director of each education research center or | ||
the director's designee; and | ||
(5) a representative of preschool, elementary, or | ||
secondary education. | ||
(d) Each study or evaluation conducted at a center under | ||
Section 1.005 must be approved in advance by majority vote of the | ||
advisory board. A center may submit to the advisory board a proposal | ||
developed by any qualified researcher, including a researcher from | ||
another educational institution, a graduate student, a P-16 Council | ||
representative, or another researcher proposing research to | ||
benefit education in this state. In determining whether to approve | ||
a proposed study or evaluation, the advisory board must: | ||
(1) consider the potential of the proposed research to | ||
benefit education in this state; | ||
(2) require each center director or designee to review | ||
and approve the proposed research design and methods to be used in | ||
the proposed study or evaluation; and | ||
(3) consider the extent to which the data required to | ||
complete the proposed study or evaluation is not readily available | ||
from other data sources. | ||
(e) The advisory board shall meet at least quarterly. Any | ||
meeting of the advisory board may be conducted by electronic means, | ||
including a meeting by telephone conference call, by video | ||
conference call, through the Internet, or by any combination of | ||
those means. | ||
(f) The advisory board may create committees and | ||
subcommittees that the advisory board determines are convenient or | ||
necessary. | ||
SECTION 5. 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2103 was passed by the House on April | ||
25, 2013, by the following vote: Yeas 130, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2103 was passed by the Senate on May | ||
15, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |