77R11144 CAS-D
By Salinas H.B. No. 1804
Substitute the following for H.B. No. 1804:
By Rangel C.S.H.B. No. 1804
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information on the performance of students attending
1-3 public schools and institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 51, Education Code, is
1-6 amended by adding Section 51.3062 to read as follows:
1-7 Sec. 51.3062. STUDENT PERFORMANCE INFORMATION. (a) The
1-8 Educational Productivity Council in the College of Education at The
1-9 University of Texas at Austin may have access to information on the
1-10 performance of students attending public primary and secondary
1-11 schools and institutions of higher education that can be used to:
1-12 (1) assist public school teachers and instructors at
1-13 institutions of higher education in providing appropriate
1-14 instruction to students; and
1-15 (2) ensure that each student who performs below grade
1-16 level on a subject in the required curriculum under Section 28.002
1-17 or unsuccessfully in a course in the core curriculum under
1-18 Subchapter S, Chapter 61, is identified so that:
1-19 (A) the student may receive the academic
1-20 assistance necessary to enable the student to perform at grade
1-21 level on the required curriculum subject or to perform successfully
1-22 in the core curriculum course, as applicable; and
1-23 (B) the number of students required to enroll in
1-24 developmental courses or programs under Section 51.306 is
2-1 significantly reduced.
2-2 (b) The Educational Productivity Council may consult with
2-3 educators at public primary and secondary schools and institutions
2-4 of higher education and any other experts as necessary to provide
2-5 requested services to institutions of higher education, school
2-6 districts, and open-enrollment charter schools that meet the
2-7 requirements established under Subsection (a).
2-8 (c) The Educational Productivity Council shall make
2-9 information obtained under this section available to a student's
2-10 teacher or instructor, as applicable, or to an administrator
2-11 employed by the school, school district, or institution of higher
2-12 education in which the student is enrolled.
2-13 (d) The Educational Productivity Council may enter into an
2-14 agreement with a local or state educational agency under which the
2-15 agency makes information available to a person specified by
2-16 Subsection (c).
2-17 (e) For purposes of this section, the Educational
2-18 Productivity Council may have access to student information that is
2-19 confidential under 20 U.S.C. Section 1232g, as amended, and
2-20 applicable regulations at the request of the institution of higher
2-21 education, school district, or open-enrollment charter school in
2-22 which the student is enrolled. All requirements of federal law
2-23 applicable to confidential student information must be met,
2-24 including the return or destruction of confidential student
2-25 information at the completion of the services requested by the
2-26 institution, district, or school.
2-27 (f) For the limited purposes of this section, officers and
3-1 employees of the Educational Productivity Council are considered
3-2 state school officials for purposes of 20 U.S.C. Section 1232g, as
3-3 amended, or other federal law governing education records. The
3-4 council is subject to federal law governing the release of or
3-5 provision of access to any personally identifiable information in
3-6 education records.
3-7 (g) In this section, "institution of higher education" has
3-8 the meaning assigned by Section 61.003.
3-9 SECTION 2. This Act takes effect immediately if it receives
3-10 a vote of two-thirds of all the members elected to each house, as
3-11 provided by Section 39, Article III, Texas Constitution. If this
3-12 Act does not receive the vote necessary for immediate effect, this
3-13 Act takes effect September 1, 2001.