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Amend HB 1218 by adding the appropriately numbered SECTIONS 
to read as follows:
	SECTION __.  Subchapter B, Chapter 7, Education Code, is 
amended by adding Section 7.029 to read as follows:
	Sec. 7.029.  MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE 
OF INFORMATION FOR STUDENTS IN FOSTER CARE.  (a)  The agency and the 
Department of Family and Protective Services shall enter into a 
memorandum of understanding regarding the exchange of information 
as appropriate to facilitate the department's evaluation of 
educational outcomes of students in foster care.  The memorandum of 
understanding must require:
		(1)  the department to provide the agency each year 
with demographic information regarding individual students who 
during the preceding school year were in the conservatorship of the 
department following an adversarial hearing under Section 262.201, 
Family Code; and
		(2)  the agency, in a manner consistent with federal 
law, to provide the department with aggregate information regarding 
educational outcomes of students for whom the agency received 
demographic information under Subdivision (1).
	(b)  For purposes of Subsection (a)(2), information 
regarding educational outcomes includes information relating to 
student academic achievement, graduation rates, school attendance, 
disciplinary actions, and receipt of special education services.
	(c)  The department may authorize the agency to provide 
education research centers established under Section 1.005 with 
demographic information regarding individual students received by 
the agency in accordance with Subsection (a)(1), as appropriate to 
allow the centers to perform additional analysis regarding 
educational outcomes of students in foster care.  Any use of 
information regarding individual students provided to a center 
under this subsection must be approved by the department.
	(d)  Nothing in this section may be construed to:                       
		(1)  require the agency or the department to collect or 
maintain additional information regarding students in foster care; 
or
		(2)  allow the release of information regarding an 
individual student in a manner not permitted under the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 
1232g) or another state or federal law.
	SECTION ____.  The Texas Education Agency and the Department 
of Family and Protective Services shall enter into the memorandum 
of understanding required by Section 7.029, Education Code, as 
added by this Act, not later than January 1, 2010.