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 - Dead) 2019-05-08 - Referred to Education [HB2691 Detail]
Download: Texas-2019-HB2691-Engrossed.html
| By: VanDeaver, Raymond | H.B. No. 2691 | |
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| 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. | ||
