By: Williams S.B. No. 448
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain student information by school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Education Code, is amended by adding
Section 26.013 to read as follows:
Sec. 26.013. STUDENT DIRECTORY INFORMATION. (a) A school
district shall provide to the parent of each district student at the
beginning of each school year or on enrollment of the student after
the beginning of a school year:
(1) a written explanation of the provisions of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), as amended, regarding the release of directory
information about the student; and
(2) written notice of the right of the parent to object
to the release of directory information about the student under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), as amended.
(b) The notice required by Subsection (a)(2) must contain:
(1) the following statement in at least 14-point
boldface type:
"Certain information about district students is
considered directory information and will be released
to anyone who follows the procedures for requesting
the information unless the parent or guardian objects
to the release of the directory information about the
student. If you do not want [insert name of School
District] to disclose directory information from your
child's education records without your prior written
consent, you must notify the district in writing by
[insert date]. [Insert name of School District] has
designated the following information as directory
information: [Here a school must include what
directory information if any it chooses to designate
as directory information for the school, such as the
student's name, participation in officially recognized
activities and sports, address, telephone listing,
weight and height of members of athletic teams,
electronic mail address, photograph, degrees, honors,
and awards received, date and place of birth, major
field of study, dates of attendance, grade level, and
the most recent educational agency or institution
attended.]"; and
(2) a form, such as a check-off list or similar
mechanism, immediately following, on the same page or the next
page, the statement required under Subdivision (b)(1), that allows
a parent to record:
(A) the parent's objection to the release of all
directory information or one or more specific categories of
directory information if school district policy permits the parent
to object to one or more specific categories of directory
information;
(B) the parent's objection to the release of a
student's name, address, and telephone number to a military
recruiter; and
(C) the parent's consent to the release of a
specific category or specific categories of directory information
for a limited school-sponsored purpose if such purpose has been
designated by the school district and is specifically identified,
such as a student directory, student yearbook, or school district
publication; and
(3) 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, with the name, address,
and telephone number of a student 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) A school district may 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. Directory information under that Act
that is not designated by a school district as directory
information for that school district is excepted from disclosure by
the school district under Chapter 552, Government Code.
(d) Directory information consented to by a parent for use
only for a limited school-sponsored purpose, such as a student
directory, student yearbook, or school district publication, if any
such purpose has been designated by the school district, remains
otherwise confidential and may not be released under Chapter 552,
Government Code.
SECTION 2. This Act applies beginning with the 2003-2004
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.