Bill Text: TX HB4046 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the confidentiality of student records.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB4046 Detail]
Download: Texas-2015-HB4046-Enrolled.html
H.B. No. 4046 |
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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) [ |
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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 |