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79R16452 SLO-D


By:  Branch                                                       H.B. No. 827

Substitute the following for H.B. No. 827:                                    

By:  Branch                                                   C.S.H.B. No. 827



A BILL TO BE ENTITLED

AN ACT

relating to the designation of research centers to evaluate state 
or federally funded education programs and the sharing of student 
data.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 1, Education Code, is amended by adding 
Section 1.005 to read as follows:
	Sec. 1.005.  EDUCATION RESEARCH CENTERS; SHARING STUDENT 
INFORMATION.  (a)  In this section, "center" means a center for 
education research authorized by this section.
	(b)  The commissioner of education and the commissioner of 
higher education, in consultation with the State Board for Educator 
Certification, may establish not more than three centers for 
education research for conducting research for the benefit of 
education in this state, including research regarding the impact of 
federal education programs.
	(c)  A center may be established as part of:                            
		(1)  the Texas Education Agency;                                       
		(2)  the Texas Higher Education Coordinating Board; or                 
		(3)  a public junior college, public senior college or 
university, or public state college, as those terms are defined by 
Section 61.003.
	(d)  A center may be operated under a memorandum of 
understanding between the commissioner of education, the 
commissioner of higher education, and the governing board of an 
educational institution described by Subsection (c)(3).  The 
memorandum of understanding must require the commissioner of 
education, or a person designated by the commissioner, and the 
commissioner of higher education, or a person designated by the 
commissioner, to provide direct, joint supervision of the center 
under this section.
	(e)  In conducting research under this section, a center:               
		(1)  may use data on student performance, including 
data that is confidential under the Family Educational Rights and 
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has 
collected from the Texas Education Agency, the Texas Higher 
Education Coordinating Board, the State Board for Educator 
Certification, any public or private institution of higher 
education, and any school district; and
		(2)  shall comply with rules adopted by the 
commissioner of education and the commissioner of higher education 
to protect the confidentiality of student information, including 
rules establishing procedures to ensure that confidential student 
information is not duplicated or removed from a center in an 
unauthorized manner.
	(f)  The commissioner of education and the commissioner of 
higher education may:
		(1)  accept gifts and grants to be used in operating one 
or more centers; and
		(2)  by rule impose reasonable fees, as appropriate, 
for the use of a center's research, resources, or facilities.
	(g)  This section does not authorize the disclosure of 
student information that may not be disclosed under the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 
1232g).
	(h)  The commissioner of education and the commissioner of 
higher education shall adopt rules as necessary to implement this 
section.
	SECTION 2.  This Act takes effect September 1, 2005.