Bill Text: TX HB4046 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the confidentiality of student records.

Sponsorship: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB4046 Detail]

Download: Texas-2015-HB4046-Enrolled.html

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H.B. No. 4046

AN ACT
relating to the confidentiality of student records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.114, Government Code, is amended to
read as follows:
Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT
RECORDS. (a) In this section, "student record" means:
(1) information that constitutes education records as
that term is defined by the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g(a)(4)); or
(2) information in a record of an applicant for
admission to an educational institution, including a transfer
applicant.
(b) Information is confidential and excepted from the
requirements of Section 552.021 if it is information in a student
record at an educational institution funded wholly or partly by
state revenue. This subsection does not prohibit the disclosure or
provision of information included in an education record if the
disclosure or provision is authorized by 20 U.S.C. Section 1232g or
other federal law.
(c) [(b)] A record covered by [under] Subsection (b) [(a)]
shall be made available on the request of:
(1) educational institution personnel;
(2) the student involved or the student's parent,
legal guardian, or spouse; or
(3) a person conducting a child abuse investigation
required by Subchapter D, Chapter 261, Family Code.
(d) Except as provided by Subsection (e), an educational
institution may redact information covered under Subsection (b)
from information disclosed under Section 552.021 without
requesting a decision from the attorney general.
(e) If an applicant for admission to an educational
institution described by Subsection (b) or a parent or legal
guardian of a minor applicant to an educational institution
described by Subsection (b) requests information in the record of
the applicant, the educational institution shall disclose any
information that:
(1) is related to the applicant's application for
admission; and
(2) was provided to the educational institution by the
applicant.
SECTION 2. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4046 was passed by the House on May
12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4046 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor