Bill Text: TX HB3971 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the release of student directory information by a school district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Public Education [HB3971 Detail]
Download: Texas-2019-HB3971-Introduced.html
86R1761 SRS-D | ||
By: Middleton | H.B. No. 3971 |
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relating to the release of student directory information by a | ||
school district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 26.013, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (a-1), | ||
(a-2), and (a-3) to read as follows: | ||
(a) Except as provided by Subsections (a-1) and (a-2) and to | ||
provide privacy protections in addition to those provided under the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g), a school district may not release information the | ||
district designates as directory information about a student under | ||
that federal law unless the student's parent provides the district | ||
written consent. | ||
(a-1) A school district is not prohibited from releasing a | ||
secondary student's name, address, and telephone number to a | ||
military recruiter or institution of higher education unless the | ||
parent provides written notice to the district objecting to the | ||
release of the information. | ||
(a-2) A school district is not prohibited from releasing any | ||
designated directory information if the district releases the | ||
information under an exception provided under the Family | ||
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section | ||
1232g(b)) for the release of education records without the written | ||
consent of a student's parent. | ||
(a-3) A school district shall provide to the parent of each | ||
district student at the beginning of each school year or on | ||
enrollment of the student after the beginning of a school year: | ||
(1) a written explanation of the provisions of the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g), Section 9528 of the Elementary and Secondary | ||
Education Act of 1965 (20 U.S.C. Section 7908), and 10 U.S.C. | ||
Section 503(c), regarding the release of directory information | ||
about the student; and | ||
(2) written notice of: | ||
(A) the right of the parent to object to the | ||
release of a secondary student's name, address, and telephone | ||
number to a military recruiter or institution of higher education | ||
under Section 9528 of the Elementary and Secondary Education Act of | ||
1965 (20 U.S.C. Section 7908) and 10 U.S.C. Section 503(c); | ||
(B) the general prohibition on the release of | ||
directory information about the student in other circumstances | ||
unless the student's parent provides written consent; and | ||
(C) the applicable exceptions described by | ||
Subsection (a-2) [ |
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(b) The notice required by Subsection (a-3)(2) [ |
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must contain: | ||
(1) the following statement in boldface type that is | ||
14-point or larger: | ||
"Certain information about district students is | ||
considered directory information and will be released | ||
to anyone who follows the procedures for requesting | ||
the information as follows: | ||
(1) for the release of a secondary student's | ||
name, address, and telephone number to a military | ||
recruiter or institution of higher education, the | ||
information will be released unless the parent or | ||
guardian objects to the release of the information; | ||
and | ||
(2) in other circumstances, directory | ||
information will be released if [ |
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guardian consents [ |
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directory information about the student. | ||
If you do not want [insert name of school | ||
district] to disclose your secondary student's name, | ||
address, and telephone number to a military recruiter | ||
or institution of higher education [ |
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without your prior written consent, you must notify | ||
the district in writing by [insert date] regarding | ||
your objection to that release. You may notify the | ||
district after that date to object to any continued | ||
authorization to the district to release the | ||
information without your prior written consent. | ||
[Insert name of school district] has designated the | ||
following information as directory information: [Here | ||
a school district must include any directory | ||
information it chooses to designate as directory | ||
information for the district, such as a student's name, | ||
address, telephone listing, electronic mail address, | ||
photograph, degrees, honors and awards received, date | ||
and place of birth, major field of study, dates of | ||
attendance, grade level, most recent educational | ||
institution attended, and participation in officially | ||
recognized activities and sports, and the weight and | ||
height of members of athletic teams.]"; | ||
(2) a form, such as a check-off list or similar | ||
mechanism, that: | ||
(A) immediately follows, on the same page or the | ||
next page, the statement required under Subdivision (1); and | ||
(B) allows a parent to record: | ||
(i) the parent's objection to the release of | ||
a secondary student's name, address, and telephone number to a | ||
military recruiter or institution of higher education; | ||
(ii) the parent's consent [ |
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the release of all directory information or one or more specific | ||
categories of directory information if district policy permits the | ||
parent to consent [ |
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directory information; | ||
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(iii) the parent's consent to the release of | ||
one or more specific categories of directory information for a | ||
limited school-sponsored purpose if such purpose has been | ||
designated by the district and is specifically identified, such as | ||
for a student directory, student yearbook, or district publication; | ||
and | ||
(3) a statement that federal law requires districts | ||
receiving assistance under the Elementary and Secondary Education | ||
Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military | ||
recruiter or an institution of higher education, on request, with | ||
the name, address, and telephone number of a secondary student | ||
unless the parent has advised the district that the parent does not | ||
want the student's information disclosed without the parent's prior | ||
written consent. | ||
SECTION 2. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the 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, 2019. |