SRC-TAG H.B. 1226 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1226
By: Eissler (Williams)
Education
4/24/2003
Engrossed


DIGEST AND PURPOSE

Current law authorizes school boards to deliberate a student's
disciplinary issues only in closed session in a few, select, instances.
Other student issues such as class rankings, grades, and transfer requests
must be heard in an open meeting.  However,  the federal Family
Educational Rights and Privacy Act prohibits a school district from
disclosing personally identifiable information about a student without
prior parental consent. Consequently, school boards are limited in their
ability to fully deliberate and discuss student matters.  H.B. 1226
enables a school board to go into a closed meeting to discuss student
matters whenever personally identifiable information about a student would
necessarily be revealed in the course of the deliberations.  This bill
gives school boards more flexibility to meet in closed sessions in order
to fully deliberate and discuss student matters. 


RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 551, Government Code, by adding
Section 551.0821, as follows: 

Sec. 551.0821.  SCHOOL BOARD: PERSONALLY IDENTIFIABLE INFORMATION ABOUT
PUBLIC SCHOOL STUDENT.  (a)  Provides that this chapter does not require a
school board to conduct an open meeting to deliberate a matter regarding a
public school student if personally identifiable information about the
student will necessarily be revealed by the deliberation. 

(b)  Establishes that directory information about a public school student
is considered to be personally identifiable information about the student
for purposes of Subsection (a) only if a parent or guardian of the
student, or the student if the student has attained 18 years of age, has
informed the school board, the school district, or a school in the school
district that the directory information should not be released without
prior consent.  Defines "directory information." 

  (c)  Provides that Subsection (a) does not apply if an open meeting
about the   matter is requested in writing by a parent or guardian of the
student or by the   student if the student has attained 18 years of age. 

SECTION 2.  Effective date: upon passage or September 1, 2003.