By: Creighton S.B. No. 2422
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of student records held by the
  Texas Higher Education Coordinating Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.031, Education Code, is amended to
  read as follows:
         Sec. 63.031.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
  (a)  The board shall maintain a file on each written complaint
  filed with the board. The file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the board;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the board closed the file without taking action other than to
  investigate the complaint.
         (b)  The board shall provide to the person filing the
  complaint and to each person who is a subject of the complaint a
  copy of the board's policies and procedures relating to the
  complaint investigation and resolution.
         (c)  The board, at least quarterly until final disposition of
  the complaint, shall notify the person filing the complaint and
  each person who is a subject of the complaint of the status of the
  investigation unless the notice would jeopardize an undercover
  investigation.
         (d)  Notwithstanding any other provision of law, information
  regarding a current, former, or prospective applicant or student of
  an educational institution that is obtained, received, or held by
  the Texas Higher Education Coordinating Board (the Coordinating
  Board) for the purpose of providing assistance with access to
  post-secondary education shall be considered confidential and
  excepted from disclosure as an "educational record" under Chapter
  552.114, Government Code, and may only be released in conformity
  with the Family Educational Rights and Privacy Act of 1974, Sec.
  513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.