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AN ACT
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relating to the confidentiality of student records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.114, Government Code, is amended to |
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read as follows: |
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Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT |
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RECORDS. (a) In this section, "student record" means: |
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(1) information that constitutes education records as |
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that term is defined by the Family Educational Rights and Privacy |
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Act of 1974 (20 U.S.C. Section 1232g(a)(4)); or |
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(2) information in a record of an applicant for |
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admission to an educational institution, including a transfer |
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applicant. |
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(b) Information is confidential and excepted from the |
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requirements of Section 552.021 if it is information in a student |
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record at an educational institution funded wholly or partly by |
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state revenue. This subsection does not prohibit the disclosure or |
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provision of information included in an education record if the |
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disclosure or provision is authorized by 20 U.S.C. Section 1232g or |
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other federal law. |
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(c) [(b)] A record covered by [under] Subsection (b) [(a)] |
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shall be made available on the request of: |
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(1) educational institution personnel; |
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(2) the student involved or the student's parent, |
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legal guardian, or spouse; or |
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(3) a person conducting a child abuse investigation |
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required by Subchapter D, Chapter 261, Family Code. |
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(d) Except as provided by Subsection (e), an educational |
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institution may redact information covered under Subsection (b) |
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from information disclosed under Section 552.021 without |
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requesting a decision from the attorney general. |
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(e) If an applicant for admission to an educational |
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institution described by Subsection (b) or a parent or legal |
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guardian of a minor applicant to an educational institution |
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described by Subsection (b) requests information in the record of |
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the applicant, the educational institution shall disclose any |
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information that: |
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(1) is related to the applicant's application for |
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admission; and |
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(2) was provided to the educational institution by the |
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applicant. |
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SECTION 2. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4046 was passed by the House on May |
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12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4046 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |