Bill Text: TX HB2691 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to restricting the use of personally identifiable student information by an operator of a website, online service, online application, or mobile application used for a school purpose and providing an exemption from certain restrictions for a national assessment provider.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-08 - Referred to Education [HB2691 Detail]

Download: Texas-2019-HB2691-Engrossed.html
 
 
  By: VanDeaver, Raymond H.B. No. 2691
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restricting the use of personally identifiable student
  information by an operator of a website, online service, online
  application, or mobile application used for a school purpose and
  providing an exemption from certain restrictions for a national
  assessment provider.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.155, Education Code, is amended to
  read as follows:
         Sec. 32.155.  PROTECTION OF COVERED INFORMATION. (a)  An
  operator must implement and maintain reasonable security
  procedures and practices designed to protect any covered
  information from unauthorized access, deletion, use, modification,
  or disclosure.
         (b)  Any operator that has been approved by the agency or had
  a product adopted by the agency and possesses any covered
  information must use the unique identifier established by the Texas
  Student Data System (TSDS) or a successor data management system
  maintained by the agency for any account creation, data upload,
  data transmission, analysis, or reporting to mask all personally
  identifiable student information.  The operator shall adhere to a
  state-required student data sharing agreement that includes an
  established unique identifier standard for all operators as
  prescribed by the agency.
         (c)  A school district, open-enrollment charter school,
  regional education service center, or other local education agency
  may require an operator that contracts directly with the entity to
  adhere to a state-approved student data sharing agreement that
  includes the use of an established unique identifier standard for
  all operators as prescribed by the agency.
         (d)  A national assessment provider who receives covered
  information from a student or from a school district or campus on
  behalf of a student is not required to comply with Subsection (b) or
  (c) if the provider receives the covered information solely to
  provide access to:
               (1)  employment, educational scholarships, financial
  aid, or postsecondary educational opportunities; or
               (2)  educational resources for middle school, junior
  high school, or high school students.
 
         (e)  The commissioner may adopt rules as necessary to
  administer this section.
         SECTION 2.  This Act takes effect September 1, 2021.
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