Bill Text: TX HB72 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to certain responsibilities of education research centers and to a joint advisory board for education research centers.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-06-15 - Committee report sent to Calendars [HB72 Detail]
Download: Texas-2011-HB72-Introduced.html
| 82S10251 VOO-D | ||
| By: Eissler | H.B. No. 72 | |
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| relating to certain responsibilities of education research centers | ||
| and to a joint advisory board for education research centers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1.005, Education Code, is amended by | ||
| amending Subsections (e), (g), and (k) and adding Subsections | ||
| (g-1), (g-2), (l), (m), and (n) to read as follows: | ||
| (e) A center shall conduct research for the benefit of | ||
| education in this state, including research relating to the impact | ||
| of state and federal education programs, the performance of | ||
| educator preparation programs, public school finance, and the best | ||
| practices of school districts with regard to classroom instruction, | ||
| bilingual education programs, special language programs, and | ||
| business practices. A center shall support policy and academic | ||
| research, including support of graduate student research in this | ||
| state, giving priority to projects required under Subsection | ||
| (f)(1). | ||
| (g) In conducting research under this section, a center: | ||
| (1) may use and store data [ |
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| including data that is confidential under the Family Educational | ||
| Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), [ |
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| coordinating board, any other state agency, any public or private | ||
| institution of higher education, [ |
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| provider of services to public or private institutions of higher | ||
| education or to school districts, and any entity explicitly named | ||
| in an approved research project of a center; and | ||
| (2) shall comply with rules adopted by the | ||
| commissioner of education and the coordinating board to protect the | ||
| confidentiality of [ |
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| center, including rules establishing procedures to ensure that | ||
| confidential [ |
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| from a center in an unauthorized manner. | ||
| (g-1) Confidential information provided to a center by the | ||
| Texas Education Agency or the coordinating board must be protected | ||
| by procedures to ensure that any unique identifying number is not | ||
| traceable to any individual. The procedures must be maintained as | ||
| confidential by the Texas Education Agency and the coordinating | ||
| board. The procedures may not be shared with a center or used for | ||
| any purpose other than for purposes of this section. Social | ||
| security numbers, names, and birth dates may not be accessed for the | ||
| purpose of research at a center. | ||
| (g-2) The Texas Education Agency and the coordinating board | ||
| shall longitudinally link all data under Subsection (g)(1), to the | ||
| greatest extent practicable. | ||
| (k) In implementing this section, the commissioner of | ||
| education may use funds appropriated to the agency and available | ||
| for the purpose of establishing the centers. After a center is | ||
| established, the cost of complying with this section and Section | ||
| 1.006, including necessary personnel costs at the Texas Education | ||
| Agency and the coordinating board and the costs of operation of each | ||
| center, must be funded by gifts and grants accepted under | ||
| Subsection (h)(1) and fees imposed under Subsection (h)(2). Fees | ||
| adopted under Subsection (h)(2) must be set in an amount sufficient | ||
| to provide for the continued operation of the center. A center | ||
| shall report annually to the commissioner of education and the | ||
| commissioner of higher education the total amount of fees collected | ||
| by the center for each purpose for which a fee is imposed under | ||
| Subsection (h)(2). | ||
| (l) Each center shall administer the process for reviewing | ||
| research proposals developed under Section 1.006(e)(4) and shall | ||
| forward to the joint advisory board only proposals of high quality | ||
| as determined using criteria developed under Section 1.006(e)(4). | ||
| (m) Subject to Subsection (n), on behalf of a center, the | ||
| commissioner of education and the coordinating board may pursue and | ||
| enter data agreements with: | ||
| (1) another agency of this state; and | ||
| (2) the state education agency of another state, | ||
| giving priority to the agencies of those states that send the | ||
| highest number of students to this state or that receive the highest | ||
| number of students from this state. | ||
| (n) The commissioner of education and the coordinating | ||
| board may, on behalf of a center, enter into a data agreement with | ||
| the state education agency of another state only if: | ||
| (1) the United States Department of Education reviews | ||
| the agreement; and | ||
| (2) the state education agency of the other state | ||
| agrees to comply with all data security measures required of a | ||
| center. | ||
| SECTION 2. Chapter 1, Education Code, is amended by adding | ||
| Section 1.006 to read as follows: | ||
| Sec. 1.006. JOINT ADVISORY BOARD FOR EDUCATION RESEARCH | ||
| CENTERS. (a) In this section, "center" means a center for education | ||
| research authorized by Section 1.005. | ||
| (b) The commissioner of education and the commissioner of | ||
| higher education shall co-chair a joint advisory board to adopt | ||
| policies governing the operations of the centers, including a | ||
| process for review and approval of center research involving | ||
| confidential information. The commissioner of education and the | ||
| commissioner of higher education each may delegate duties as | ||
| co-chair, including voting, to an employee of the Texas Education | ||
| Agency or the Texas Higher Education Coordinating Board, as | ||
| appropriate. | ||
| (c) The commissioner of education and the commissioner of | ||
| higher education shall jointly appoint not more than 10 additional | ||
| members to the joint advisory board to serve one-year terms. The | ||
| joint advisory board must include at least two educational | ||
| researchers experienced in working with secure data. A member of | ||
| the joint advisory board serves at the pleasure of the commissioner | ||
| of education and the commissioner of higher education. A member may | ||
| be reappointed each year to an additional term. | ||
| (d) The joint advisory board shall meet at the call of the | ||
| co-chairs at least twice each year. | ||
| (e) The joint advisory board shall: | ||
| (1) establish a schedule of fees to fund the cost of | ||
| data processing by the Texas Education Agency and the Texas Higher | ||
| Education Coordinating Board; | ||
| (2) develop a plan for establishing access at public | ||
| institutions of higher education to data; | ||
| (3) develop policies to give state agencies acting for | ||
| a governmental purpose and public entities performing studies | ||
| authorized by the legislature priority in access to and use of | ||
| center research; | ||
| (4) develop, in consultation with each center, a | ||
| process for reviewing center research proposals and criteria for | ||
| evaluating proposal quality that emphasize the benefits to | ||
| education in this state and use of accepted social science research | ||
| methods; | ||
| (5) identify, in consultation with each center, the | ||
| type of data that the Texas Education Agency and the Texas Higher | ||
| Education Coordinating Board send annually to each center without | ||
| the necessity of a request for that data by a center and a schedule | ||
| on which the data is sent; and | ||
| (6) perform other duties as necessary to advise each | ||
| center. | ||
| SECTION 3. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
