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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of student records held by the |
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Texas Higher Education Coordinating Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.031, Education Code, is amended to |
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read as follows: |
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Sec. 63.031. PUBLIC INTEREST INFORMATION AND COMPLAINTS. |
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(a) The board shall maintain a file on each written complaint |
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filed with the board. The file must include: |
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(1) the name of the person who filed the complaint; |
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(2) the date the complaint is received by the board; |
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(3) the subject matter of the complaint; |
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(4) the name of each person contacted in relation to |
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the complaint; |
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(5) a summary of the results of the review or |
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investigation of the complaint; and |
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(6) an explanation of the reason the file was closed, |
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if the board closed the file without taking action other than to |
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investigate the complaint. |
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(b) The board shall provide to the person filing the |
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complaint and to each person who is a subject of the complaint a |
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copy of the board's policies and procedures relating to the |
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complaint investigation and resolution. |
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(c) The board, at least quarterly until final disposition of |
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the complaint, shall notify the person filing the complaint and |
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each person who is a subject of the complaint of the status of the |
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investigation unless the notice would jeopardize an undercover |
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investigation. |
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(d) Notwithstanding any other provision of law, information |
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regarding a current, former, or prospective applicant or student of |
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an educational institution that is obtained, received, or held by |
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the Texas Higher Education Coordinating Board (the Coordinating |
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Board) for the purpose of providing assistance with access to |
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post-secondary education shall be considered confidential and |
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excepted from disclosure as an "educational record" under Chapter |
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552.114, Government Code, and may only be released in conformity |
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with the Family Educational Rights and Privacy Act of 1974, Sec. |
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513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |