C.S.S.B. 448 78(R)    BILL ANALYSIS


C.S.S.B. 448
By: Williams
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, federal law authorizes a school district to release directory
information if a parent does not provide written notice, every school
year, to the school prohibiting them from doing so.  The amount of
paperwork a parent must to fill out at the beginning of the school year
can result in the parent unintentionally overlooking this requirement.
C.S.S.B. 448 requires a school district to print selected sections of the
Federal Family Educational Rights and Privacy Act, and an explanation
thereof in bold 14 point text or larger, along with a form for a parent to
indicate their position on the release of information and a statement
informing parents about federal requirements relating to release of
information to military recruiters and institutions of higher education.
The bill provides how directory information will be determined and
prohibits its release under certain circumstances.        

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

C.S.S.B. 448 amends Education Code to requires a school district to
provide to the parent of each student, at the beginning of each school
year or at enrollment, a written explanation of the Family Education
Rights and Privacy Act of 1974 regarding the release of information and
written notice of the right of the parent to object to the release of
directory information under the same Act. 

The bill requires the notice  to contain in, 14-point boldface type or
larger, a form relating to certain information and language concerning
directory information about a student. The bill requires that the notice
must also contain a form such as a check-off list that allows the parent
to record certain information.  

The bill requires the inclusion of a statement that federal law requires
school districts receiving assistance under the Elementary and Secondary
Education Act of 1965 to provide military recruiters or an institution of
higher eaducation, on request, certain information unless the parent has
advised the school district that the parent does not want the student's
information disclosed without the parent's prior written consent. 

The bill authorizes a school district to designate as directory
information any or all information defined as directory information by the
Family Educational Rights and Privacy Act of 1974.  The bill exempts
directory information under that Act, not designated by a school district
as directory information for that school district, from disclosure by the
school district under Chapter 552, Government Code. 

The bill prohibits from release, under Chapter 552, Government Code,
directory information consented to by the parent for use only for a
limited school-sponsored purpose, including certain publications. 

This Act begins with the 2003-2004 school year.

 EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ENGROSSED TO SUBSTITUTE

C.S.S.B. 448 modifies the engrossed version by adding an institution of
higher learning to Sections 26.013(2)(b)(ii) and 26.013(3).