SRC-JBJ S.B. 1910 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1910
76R15619 CAS-DBy: Nelson
Education
5/14/1999
As Filed


DIGEST 


S.B. 1910 would increase parental awareness of records that may be kept
regarding their children and involvement in decisions about their
children's education.  This bill would, specifically, reinstate the
requirement that a parent provide written consent for their child's absence
to be considered excused and require parents to be notified and informed
about certain records regarding their children and the content of surveys
and questionnaires in which their children are asked to participate. 

PURPOSE

As proposed, S.B. 1910 increases parental rights concerning students in
public schools. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.087(a), Education Code, to require a child's
temporary absence to be excused if the child's parent or person having
custody or control of the child submits a written notice concerning the
absence that includes the date or time of the absence and the reason for
the absence before the absence or immediately on the child's return to
school. 

SECTION 2.  Amends Chapter 26, Education Code, by adding Section 26.011, as
follows: 

Sec. 26.0011.  CONSTRUCTION AND APPLICATION.  Requires this chapter to be
liberally construed and applied to promote the purposes provided under
Section 26.001. 

SECTION 3.  Amends Section 26.004, Education Code, as follows:

Sec. 26.004.  ACCESS TO STUDENT RECORDS.  Requires a school district to
provide to a parent information to which the parent is entitled within five
school days of the parent's request.  Provides that a parent's entitlement
to access written records relating the parent's child is not limited to
certain records.  Requires a school district to fully disclose in writing
to the parent a descriptive summary of all information, whether in written
or electronic form, that the district or a district employee maintains or
possesses concerning the parent's child.  Authorizes the State Board for
Educator Certification (board) to suspend or revoke the certification of a
district employee who has authority to release information required to be
provided under this section if the employee refuses to release the
information on request of the parent at a charge authorized by Section
26.012 (Fee for Copies) and in a timely manner.  Prohibits the board from
suspending or revoking the certification of a teacher under this subsection
for the failure of an administrator to comply with this subsection.
Provides that the information to which this section applies is confidential
and, except for access by a parent, an authorized district employee, or an
employee of the board as required by state law,  access as required by
federal law, or release in cooperation with an investigation under Section
38.004 (Child Abuse Reporting and Programs), may not be released in a
manner that reveals a student's identity without the parent's informed,
explicit written or verified oral consent.  Entitles a noncustodial parent
to receive information that the parent requests unless a court has issued a
protective or similar order against that parent under which the parent is
prohibited from receiving the information. 

 SECTION 4.  Amends Section 26.009, Education Code, by amending the heading
and Subsection (a) and adding Subsections (c), (d), and (e), as follows: 

Sec. 26.009.  New heading:  CONSENT OR NOTICE REQUIRED FOR CERTAIN
ACTIVITIES.  Provides that an employee of a school district must provide a
child's parent with a written explanation of the purpose of and a written
description of any psychological examination, test, or treatment before
conducting a psychological examination, test, or treatment, unless it is
required under Section 38.004 or state or federal law regarding
requirements for special education or making or authorizing the making of a
videotape of a child or record or authorizing the recording of a child's
voice.  Requires the board of trustees of a school district to make a copy
of any written survey or questionnaire the district or a district employee
intends to administer to students that includes one or more questions
regarding personal characteristics, feelings, or beliefs, such as religious
beliefs, of a student or a student's family available to the public and on
request provide a copy to a parent of a district student. Requires the
board of trustees to hold a public hearing concerning the survey or
questionnaire after making a copy of the survey or questionnaire in
accordance with this section.  Requires the board of trustees to approve or
disapprove the administration of the survey or questionnaire by a record
vote.  Requires a school district to notify a parent in writing and provide
information concerning a survey or questionnaire to be administered to the
parent's child and require the parent's consent to administer the survey or
questionnaire.  Provides that the information provided must include the
name of the organization that developed and funded the survey or
questionnaire, the manner in which the results of the survey or
questionnaire will be used, the title of the person who will maintain or
have access to the results, and whether the results will reveal a student's
identity.  Prohibits a district that fails to comply with the hearing,
approval, notice, and consent requirements under Subsections (c) and (d)
from administering the survey or questionnaire to any student.  Provides
that the district must obtain the consent of the student's parent before
administering a survey or questionnaire to a particular student. 

SECTION 5.  Amends Chapter 26, Education Code, by adding Section 26.013, as
follows: 

Sec. 26.013.  NOTIFICATION.  Requires notification under this chapter to be
provided by administrative or clerical staff of a school district or
school, as applicable.  Prohibits the duty to provide notice from being
delegated to a classroom teacher.  Requires written notice required to be
provided to a parent under this chapter to be provided by mail in addition
to any other method by which the notice is provided. 

SECTION 6.Effective date: September 1, 1999.

SECTION 7.Emergency clause.