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.