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).