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
 
 
 
 
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       
feedback