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A BILL TO BE ENTITLED
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AN ACT
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relating to a memorandum of understanding between the Texas |
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Education Agency and the Department of Family and Protective |
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Services addressing exchange of information regarding students in |
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foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 7, Education Code, is |
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amended by adding Section 7.029 to read as follows: |
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Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE |
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OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the |
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Department of Family and Protective Services shall enter into a |
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memorandum of understanding regarding the exchange of information |
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as appropriate to facilitate the department's evaluation of |
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educational outcomes of students in foster care. The memorandum of |
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understanding must require: |
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(1) the department to provide the agency each year |
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with demographic information regarding individual students who |
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during the preceding school year were in the conservatorship of the |
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department following an adversarial hearing under Section 262.201, |
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Family Code; and |
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(2) the agency, in a manner consistent with federal |
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law, to provide the department with aggregate information |
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regarding educational outcomes of students for whom the agency |
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received demographic information under Subdivision (1). |
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(b) For purposes of Subsection (a)(2), information |
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regarding educational outcomes includes information relating to |
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student academic achievement, graduation rates, school attendance, |
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disciplinary actions, and receipt of special education services. |
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(c) The department may authorize the agency to provide |
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education research centers established under Section 1.005 with |
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demographic information regarding individual students received by |
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the agency in accordance with Subsection (a)(1), as appropriate to |
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allow the centers to perform additional analysis regarding |
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educational outcomes of students in foster care. Any use of |
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information regarding individual students provided to a center |
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under this subsection must be approved by the department. |
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(d) Nothing in this section may be construed to: |
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(1) require the agency or the department to collect or |
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maintain additional information regarding students in foster care; |
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or |
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(2) allow the release of information regarding an |
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individual student in a manner not permitted under the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g) or another state or federal law. |
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SECTION 2. The Texas Education Agency and the Department of |
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Family and Protective Services shall enter into the memorandum of |
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understanding required by Section 7.029, Education Code, as added |
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by this Act, not later than January 1, 2010. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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