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A BILL TO BE ENTITLED
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AN ACT
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relating to certain responsibilities of education research centers |
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and to a joint advisory board for education research centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.005, Education Code, is amended by |
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amending Subsections (e), (g), and (k) and adding Subsections |
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(g-1), (g-2), (l), (m), and (n) to read as follows: |
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(e) A center shall conduct research for the benefit of |
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education in this state, including research relating to the impact |
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of state and federal education programs, the performance of |
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educator preparation programs, public school finance, and the best |
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practices of school districts with regard to classroom instruction, |
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bilingual education programs, special language programs, and |
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business practices. A center shall support policy and academic |
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research, including support of graduate student research in this |
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state, giving priority to projects required under Subsection |
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(f)(1). |
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(g) In conducting research under this section, a center: |
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(1) may use and store data [on student performance], |
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including data that is confidential under the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), [the
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center has collected] from the Texas Education Agency, the |
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coordinating board, any other state agency, any public or private |
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institution of higher education, [and] any school district, any |
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provider of services to public or private institutions of higher |
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education or to school districts, and any entity explicitly named |
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in an approved research project of a center; and |
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(2) shall comply with rules adopted by the |
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commissioner of education and the coordinating board to protect the |
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confidentiality of [student] information used or stored at the |
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center, including rules establishing procedures to ensure that |
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confidential [student] information is not duplicated or removed |
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from a center in an unauthorized manner. |
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(g-1) Confidential information provided to a center by the |
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Texas Education Agency or the coordinating board must be protected |
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by procedures to ensure that any unique identifying number is not |
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traceable to any individual. The procedures must be maintained as |
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confidential by the Texas Education Agency and the coordinating |
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board. The procedures may not be shared with a center or used for |
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any purpose other than for purposes of this section. Social |
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security numbers, names, and birth dates may not be accessed for the |
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purpose of research at a center. |
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(g-2) The Texas Education Agency and the coordinating board |
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shall longitudinally link all data under Subsection (g)(1), to the |
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greatest extent practicable. |
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(k) In implementing this section, the commissioner of |
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education may use funds appropriated to the agency and available |
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for the purpose of establishing the centers. After a center is |
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established, the cost of complying with this section and Section |
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1.006, including necessary personnel costs at the Texas Education |
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Agency and the coordinating board and the costs of operation of each |
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center, must be funded by gifts and grants accepted under |
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Subsection (h)(1) and fees imposed under Subsection (h)(2). Fees |
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adopted under Subsection (h)(2) must be set in an amount sufficient |
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to provide for the continued operation of the center. A center |
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shall report annually to the commissioner of education and the |
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commissioner of higher education the total amount of fees collected |
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by the center for each purpose for which a fee is imposed under |
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Subsection (h)(2). |
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(l) Each center shall administer the process for reviewing |
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research proposals developed under Section 1.006(e)(4) and shall |
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forward to the joint advisory board only proposals of high quality |
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as determined using criteria developed under Section 1.006(e)(4). |
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(m) Subject to Subsection (n), on behalf of a center, the |
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commissioner of education and the coordinating board may pursue and |
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enter data agreements with: |
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(1) another agency of this state; and |
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(2) the state education agency of another state, |
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giving priority to the agencies of those states that send the |
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highest number of students to this state or that receive the highest |
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number of students from this state. |
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(n) The commissioner of education and the coordinating |
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board may, on behalf of a center, enter into a data agreement with |
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the state education agency of another state only if: |
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(1) the United States Department of Education reviews |
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the agreement; and |
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(2) the state education agency of the other state |
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agrees to comply with all data security measures required of a |
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center. |
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SECTION 2. Chapter 1, Education Code, is amended by adding |
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Section 1.006 to read as follows: |
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Sec. 1.006. JOINT ADVISORY BOARD FOR EDUCATION RESEARCH |
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CENTERS. (a) In this section, "center" means a center for education |
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research authorized by Section 1.005. |
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(b) The commissioner of education and the commissioner of |
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higher education shall co-chair a joint advisory board to adopt |
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policies governing the operations of the centers, including a |
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process for review and approval of center research involving |
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confidential information. The commissioner of education and the |
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commissioner of higher education each may delegate duties as |
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co-chair, including voting, to an employee of the Texas Education |
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Agency or the Texas Higher Education Coordinating Board, as |
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appropriate. |
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(c) The commissioner of education and the commissioner of |
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higher education shall jointly appoint not more than 10 additional |
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members to the joint advisory board to serve one-year terms. The |
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joint advisory board must include at least two educational |
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researchers experienced in working with secure data. A member of |
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the joint advisory board serves at the pleasure of the commissioner |
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of education and the commissioner of higher education. A member may |
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be reappointed each year to an additional term. |
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(d) The joint advisory board shall meet at the call of the |
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co-chairs at least twice each year. |
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(e) The joint advisory board shall: |
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(1) establish a schedule of fees to fund the cost of |
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data processing by the Texas Education Agency and the Texas Higher |
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Education Coordinating Board; |
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(2) develop a plan for establishing access at public |
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institutions of higher education to data; |
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(3) develop policies to give state agencies acting for |
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a governmental purpose and public entities performing studies |
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authorized by the legislature priority in access to and use of |
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center research; |
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(4) develop, in consultation with each center, a |
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process for reviewing center research proposals and criteria for |
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evaluating proposal quality that emphasize the benefits to |
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education in this state and use of accepted social science research |
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methods; |
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(5) identify, in consultation with each center, the |
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type of data that the Texas Education Agency and the Texas Higher |
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Education Coordinating Board send annually to each center without |
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the necessity of a request for that data by a center and a schedule |
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on which the data is sent; and |
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(6) perform other duties as necessary to advise each |
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center. |
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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 on the 91st day after the last day of the |
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legislative session. |