SRC-AMY C.S.S.B. 448 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 448
By: Williams
Education
3-26-2003
Committee Report (Substituted)

DIGEST 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 has to fill out at the beginning of the school year
makes it easy for the parent to unintentionally overlook 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 to be printed in bold 14 point text, along with a form for 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. Provides how directory information
will be determined and prohibits its release under certain circumstances. 

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 Chapter 26, Education Code, by adding Section 26.013,
as follows: 

Sec. 26.013.  STUDENT DIRECTORY INFORMATION. (a) 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. 

(b) Requires the notice required under Subsection (a)(2) to contain
certain information and language in at least 14-point boldface type and a
form immediately following, on the same page, or the next page, with the
statement required under Subdivision (b)(1), that allows the parent to
record certain information. Requires the inclusion of a statement that
federal law requires school districts receiving assistance under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et
seq.), as amended, to provide military recruiters, 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. 

(c) 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 (20 U.S.C. Section 1232g), as
amended.  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
(Public Information). 

(d) Prohibits from release, under Chapter 552, Government Code (Public
Information), directory information consented to by the parent for use
only for a limited school-sponsored purpose, including certain
publications. 

SECTION 2.  Provides that this Act begins with the 2003-2004 school year.
 
SECTION 3.  Effective date: upon passage or September 1, 2003.



SUMMARY OF COMMITTEE CHANGES

Differs from the original in the relating clause by specifying that the
release of information is by school districts rather than public schools. 

Differs from the original in SECTION 1 by changing the text of the notice
required by Subsection (a) (2) and by adding subdivisions to Subsection
(b).   

Differs from the original in SECTION 1 by changing the proposed definition
in Subsection (c) and by adding Subsection (d).