By Nelson S.B. No. 1910
76R15619 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental rights concerning students in public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.087(a), Education Code, is amended to
1-5 read as follows:
1-6 (a) A child required to attend school may be excused for
1-7 temporary absence resulting from any cause acceptable to the
1-8 teacher, principal, or superintendent of the school in which the
1-9 child is enrolled. A child's temporary absence shall be excused if
1-10 the child's parent, guardian, or other person having custody or
1-11 control of the child submits, before the absence or immediately on
1-12 the child's return to school, a written notice concerning the
1-13 absence that includes the date or time of the absence and the
1-14 reason for the absence.
1-15 SECTION 2. Chapter 26, Education Code, is amended by adding
1-16 Section 26.0011 to read as follows:
1-17 Sec. 26.0011. CONSTRUCTION AND APPLICATION. This chapter
1-18 shall be liberally construed and applied to promote the purposes
1-19 provided under Section 26.001.
1-20 SECTION 3. Section 26.004, Education Code, is amended to
1-21 read as follows:
1-22 Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) Not later than
1-23 the fifth school day after the date a parent requests information
1-24 to which the parent is entitled under this section, a school
2-1 district shall provide that information to the parent. This
2-2 subsection applies to information of a school district maintained
2-3 in writing or in electronic form.
2-4 (b) A parent is entitled to access to all written records of
2-5 a school district concerning the parent's child, including but not
2-6 limited to:
2-7 (1) attendance records;
2-8 (2) test scores;
2-9 (3) grades;
2-10 (4) disciplinary records;
2-11 (5) counseling records;
2-12 (6) psychological records;
2-13 (7) applications for admission;
2-14 (8) health and immunization information;
2-15 (9) teacher and counselor evaluations; and
2-16 (10) reports of behavioral patterns.
2-17 (c) On request of a parent, a school district shall fully
2-18 disclose in writing to the parent a descriptive summary of all
2-19 information, whether in written or electronic form, that the
2-20 district or a district employee maintains or possesses concerning
2-21 the parent's child.
2-22 (d) The State Board for Educator Certification may suspend
2-23 or revoke the certification of a district employee who has
2-24 authority to release information required to be provided under this
2-25 section if the employee refuses to release the information on
2-26 request of the parent at a charge authorized by Section 26.012 and
2-27 in a timely manner. The board may not suspend or revoke the
3-1 certification of a teacher under this subsection for the failure of
3-2 an administrator to comply with this subsection.
3-3 (e) The information to which this section applies is
3-4 confidential and, except for access by a parent, an authorized
3-5 district employee, or an employee of the agency or the State Board
3-6 for Educator Certification as required by state law, access as
3-7 required by federal law, or release in cooperation with an
3-8 investigation under Section 38.004, may not be released or made
3-9 available in a manner that reveals a student's identity without the
3-10 parent's informed, explicit written or verified oral consent. A
3-11 noncustodial parent is entitled to receive information that the
3-12 parent requests under this subsection unless a court has issued a
3-13 protective or similar order against that parent under which that
3-14 parent is prohibited from receiving the information.
3-15 SECTION 4. Section 26.009, Education Code, is amended by
3-16 amending the heading and Subsection (a) and adding Subsections (c),
3-17 (d), and (e) to read as follows:
3-18 Sec. 26.009. CONSENT OR NOTICE REQUIRED FOR CERTAIN
3-19 ACTIVITIES. (a) An employee of a school district must provide a
3-20 child's parent with a written explanation of the purpose of and a
3-21 written description of any psychological examination, test, or
3-22 treatment and obtain the written consent of the [a] child's parent
3-23 before the employee may:
3-24 (1) conduct a psychological examination, test, or
3-25 treatment, unless the examination, test, or treatment is required
3-26 under Section 38.004 or state or federal law regarding requirements
3-27 for special education; or
4-1 (2) make or authorize the making of a videotape of a
4-2 child or record or authorize the recording of a child's voice.
4-3 (c) The board of trustees of a school district shall make a
4-4 copy of any written survey or questionnaire the district or a
4-5 district employee intends to administer to students that includes
4-6 one or more questions regarding personal characteristics, feelings,
4-7 or beliefs, such as religious beliefs, of a student or a student's
4-8 family available to the public and on request shall provide a copy
4-9 to a parent of a district student. After making available or
4-10 providing a copy of a survey or questionnaire in accordance with
4-11 this subsection, the board of trustees shall hold a public hearing
4-12 concerning the survey or questionnaire. Following the hearing, the
4-13 board shall approve or disapprove the administration of the survey
4-14 or questionnaire by a record vote.
4-15 (d) A school district shall notify a parent in writing of
4-16 and provide information concerning a survey or questionnaire
4-17 intended to be administered to the parent's child and require the
4-18 parent's consent to administer the survey or questionnaire. The
4-19 information provided must include the name of the organization that
4-20 developed and funded the survey or questionnaire, the manner in
4-21 which the results of the survey or questionnaire will be used, the
4-22 title of the persons who will maintain or have access to the
4-23 results, and whether the results will reveal a student's identity.
4-24 (e) A district that fails to comply with the hearing,
4-25 approval, notice, and consent requirements under Subsections (c)
4-26 and (d) may not administer the survey or questionnaire to any
4-27 student. Before a survey or questionnaire may be administered to a
5-1 particular student, the district must obtain the consent of the
5-2 student's parent.
5-3 SECTION 5. Chapter 26, Education Code, is amended by adding
5-4 Section 26.013 to read as follows:
5-5 Sec. 26.013. NOTIFICATION. (a) Notification required to be
5-6 provided under this chapter shall be provided by administrative or
5-7 clerical staff of a school district or school, as applicable. The
5-8 duty to provide notice may not be delegated to a classroom teacher.
5-9 (b) Written notice required to be provided to a parent under
5-10 this chapter shall be provided by mail in addition to any other
5-11 method by which the notice is provided.
5-12 SECTION 6. This Act takes effect September 1, 1999.
5-13 SECTION 7. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.