79R466 BDH-D
By: Brown of Brazos H.B. No. 106
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain student information by a school
district.
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), 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).
(b) The notice required by Subsection (a)(2) must contain:
(1) the following statement in boldface type that is
14-point or larger:
"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 district must include any
directory information it chooses to designate as
directory information for the district, such as a
student's name, address, telephone listing, electronic
mail address, photograph, degrees, honors and awards
received, date and place of birth, major field of
study, dates of attendance, grade level, most recent
educational institution attended, and participation
in officially recognized activities and sports, and
the weight and height of members of athletic teams.]";
(2) a form, such as a check-off list or similar
mechanism, that:
(A) immediately follows, on the same page or the
next page, the statement required under Subdivision (1); and
(B) allows a parent to record:
(i) the parent's objection to the release of
all directory information or one or more specific categories of
directory information if district policy permits the parent to
object to one or more specific categories of directory information;
(ii) the parent's objection to the release
of a secondary student's name, address, and telephone number to a
military recruiter or institution of higher education; and
(iii) the parent's consent to the release of
one or more specific categories of directory information for a
limited school-sponsored purpose if such purpose has been
designated by the district and is specifically identified, such as
for a student directory, student yearbook, or district publication;
and
(3) a statement that federal law requires districts
receiving assistance under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military
recruiter or an institution of higher education, on request, with
the name, address, and telephone number of a secondary student
unless the parent has advised the 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). Directory information under that Act that is not
designated by a district as directory information for that district
is excepted from disclosure by the 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 for a student
directory, student yearbook, or school district publication, if any
such purpose has been designated by the district, remains otherwise
confidential and may not be released under Chapter 552, Government
Code.
SECTION 2. This Act applies beginning with the 2005-2006
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the 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, 2005.