76R12710 CAS-D                           
         By Salinas                                            H.B. No. 2812
         Substitute the following for H.B. No. 2812:
         By Jones of Dallas                                C.S.H.B. No. 2812
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a database of information on the performance of
 1-3     students attending public schools and institutions of higher
 1-4     education.
 1-6           SECTION 1.  Subchapter F, Chapter 51, Education Code, is
 1-7     amended by adding Section 51.3065 to read as follows:
 1-8           Sec. 51.3065.  STUDENT PERFORMANCE DATABASE.  (a)  The
 1-9     Educational Productivity Council in the College of Education at The
1-10     University of Texas at Austin may develop a database of information
1-11     on the  performance of students attending public primary and
1-12     secondary schools and institutions of higher education that can be
1-13     used to:
1-14                 (1)  assist public school teachers and instructors at
1-15     institutions of higher education in providing appropriate
1-16     instruction to students; and
1-17                 (2)  ensure that each student who performs below grade
1-18     level on a subject in the required curriculum under Section 28.002
1-19     or unsuccessfully in a course in the core curriculum under
1-20     Subchapter S, Chapter 61, is identified so that:
1-21                       (A)  the student may receive the academic
1-22     assistance necessary to enable the student to perform at grade
1-23     level on the required curriculum subject or to perform successfully
1-24     in the core curriculum course, as applicable; and
 2-1                       (B)  the number of students required to enroll in
 2-2     developmental courses or programs under Section 51.306 is
 2-3     significantly reduced.
 2-4           (b)  The Educational Productivity Council may consult with
 2-5     educators at public primary and secondary schools and institutions
 2-6     of higher education and any other experts as necessary to develop a
 2-7     database that meets the requirements established under Subsection
 2-8     (a).
 2-9           (c)  The Educational Productivity Council shall, on written
2-10     request, make  information in the database available to a student's
2-11     teacher or instructor, as applicable, or to an administrator
2-12     employed by the school, school district, or institution of higher
2-13     education in which the student is enrolled.
2-14           (d)  For the limited purposes of this section, officers and
2-15     employees of the Educational Productivity Council are considered
2-16     state school officials for purposes of 20 U.S.C. Section 1232g or
2-17     other federal law governing education records.  The council is
2-18     subject to federal law governing the release of or provision of
2-19     access to any personally identifiable information in education
2-20     records.
2-21           (e)  In this section, "institution of higher education" has
2-22     the meaning assigned by Section 61.003.
2-23           SECTION 2.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.