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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of student directory information by a |
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school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.013, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) Except as provided by Subsections (a-1) and (a-2) and to |
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provide privacy protections in addition to those provided under the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g), a school district may not release information the |
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district designates as directory information about a student under |
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that federal law unless the student's parent provides the district |
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written consent. |
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(a-1) A school district is not prohibited from releasing a |
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secondary student's name, address, and telephone number to a |
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military recruiter or institution of higher education unless the |
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parent provides written notice to the district objecting to the |
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release of the information. |
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(a-2) A school district is not prohibited from releasing any |
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designated directory information if the district releases the |
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information under an exception provided under the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g(b)) for the release of education records without the written |
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consent of a student's parent. |
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(a-3) A school district shall provide to the parent of each |
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district student at the beginning of each school year or on |
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enrollment of the student after the beginning of a school year: |
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(1) a written explanation of the provisions of the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g), Section 9528 of the Elementary and Secondary |
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Education Act of 1965 (20 U.S.C. Section 7908), and 10 U.S.C. |
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Section 503(c), regarding the release of directory information |
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about the student; and |
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(2) written notice of: |
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(A) the right of the parent to object to the |
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release of a secondary student's name, address, and telephone |
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number to a military recruiter or institution of higher education |
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under Section 9528 of the Elementary and Secondary Education Act of |
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1965 (20 U.S.C. Section 7908) and 10 U.S.C. Section 503(c); |
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(B) the general prohibition on the release of |
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directory information about the student in other circumstances |
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unless the student's parent provides written consent; and |
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(C) the applicable exceptions described by |
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Subsection (a-2) [directory information about the student under the
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
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Section 1232g)]. |
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(b) The notice required by Subsection (a-3)(2) [(a)(2)] |
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must contain: |
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(1) the following statement in boldface type that is |
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14-point or larger: |
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"Certain information about district students is |
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considered directory information and will be released |
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to anyone who follows the procedures for requesting |
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the information as follows: |
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(1) for the release of a secondary student's |
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name, address, and telephone number to a military |
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recruiter or institution of higher education, the |
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information will be released unless the parent or |
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guardian objects to the release of the information; |
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and |
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(2) in other circumstances, directory |
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information will be released if [unless] the parent or |
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guardian consents [objects] to the release of the |
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directory information about the student. |
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If you do not want [insert name of school |
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district] to disclose your secondary student's name, |
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address, and telephone number to a military recruiter |
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or institution of higher education [directory
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information from your child's education records] |
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without your prior written consent, you must notify |
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the district in writing by [insert date] regarding |
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your objection to that release. You may notify the |
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district after that date to object to any continued |
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authorization to the district to release the |
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information without your prior written consent. |
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[Insert name of school district] has designated the |
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following information as directory information: [Here |
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a school district must include any directory |
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information it chooses to designate as directory |
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information for the district, such as a student's name, |
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address, telephone listing, electronic mail address, |
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photograph, degrees, honors and awards received, date |
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and place of birth, major field of study, dates of |
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attendance, grade level, most recent educational |
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institution attended, and participation in officially |
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recognized activities and sports, and the weight and |
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height of members of athletic teams.]"; |
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(2) a form, such as a check-off list or similar |
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mechanism, that: |
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(A) immediately follows, on the same page or the |
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next page, the statement required under Subdivision (1); and |
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(B) allows a parent to record: |
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(i) the parent's objection to the release of |
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a secondary student's name, address, and telephone number to a |
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military recruiter or institution of higher education; |
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(ii) the parent's consent [objection] to |
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the release of all directory information or one or more specific |
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categories of directory information if district policy permits the |
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parent to consent [object] to one or more specific categories of |
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directory information; |
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[(ii)
the parent's objection to the release
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of a secondary student's name, address, and telephone number to a
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military recruiter or institution of higher education;] and |
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(iii) the parent's consent to the release of |
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one or more specific categories of directory information for a |
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limited school-sponsored purpose if such purpose has been |
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designated by the district and is specifically identified, such as |
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for a student directory, student yearbook, or district publication; |
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and |
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(3) a statement that federal law requires districts |
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receiving assistance under the Elementary and Secondary Education |
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Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military |
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recruiter or an institution of higher education, on request, with |
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the name, address, and telephone number of a secondary student |
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unless the parent has advised the district that the parent does not |
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want the student's information disclosed without the parent's prior |
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written consent. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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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, 2019. |