HBA-JRA C.S.H.B. 3396 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3396 By: Culberson Public Education 5/7/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The purpose of C.S.H.B. 3396 is to increase parental awareness of records that may be kept regarding their children and involvement in decisions about their children's education. Specifically, C.S.H.B. 3396 reinstates the requirement that a parent provide written consent for their child's absence to be considered excused and requires parents to be notified and informed about certain records regarding their children and the content of surveys and questionnaires in which their children are asked to participate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 25.087(a), Education Code, to require a child's temporary absence to be excused if the child's parent or person having custody or control of the child submits a written notice concerning the absence that includes the date or time of the absence and the reason for the absence before the absence or immediately on the child's return to school. SECTION 2. Amends Chapter 26, Education Code, by adding Section 26.011, as follows: Sec. 26.011. CONSTRUCTION AND APPLICATION. Requires this chapter (Parental Rights and Responsibilities) to be liberally construed and applied to promote the purposes provided under Section 26.001. SECTION 3. Amends Section 26.004, Education Code, as follows: Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) Requires a school district to provide to a parent information to which the parent is entitled within five school days of the parent's request. (b) Provides that a parent's entitlement to access written records relating the parent's child is not limited to certain records. (c) Requires a school district to fully disclose in writing to the parent a descriptive summary of all information, whether in written or electronic form, that the district or a district employee maintains or possesses concerning the parent's child. (d) Authorizes the State Board for Educator Certification (board) to suspend or revoke the certification of a district employee who has authority to release information required to be provided under this section if the employee refuses to release the information on request of the parent at a charge authorized by Section 26.012 (Fee for Copies) and in a timely manner. Prohibits the board from suspending or revoking the certification of a teacher under this subsection for the failure of an administrator to comply with this subsection. (e) Provides that the information to which this section applies is confidential and, except for access by a parent, an authorized district employee, or an employee of the board as required by state law, access as required by federal law, or release in cooperation with an investigation under Section 38.004 (Child Abuse Reporting and Programs), may not be released in a manner that reveals a student's identity without the parent's informed, explicit written or verified oral consent. Entitles a noncustodial parent to receive information that the parent requests unless a court has issued a protective or similar order against that parent under which the parent is prohibited from receiving the information. SECTION 4. Amends Section 26.009, Education Code, by adding amending the heading and Subsection (a) and adding Subsections (c), (d), and (e), as follows: Sec. 26.009. New title: CONSENT OR NOTICE REQUIRED FOR CERTAIN ACTIVITIES. (a) Provides that an employee of a school district must provide a child's parent with a written explanation of the purpose of and a written description of any psychological examination, test, or treatment before conducting a psychological examination, test, or treatment, unless it is required under Section 38.004 or state or federal law regarding requirements for special education or making or authorizing the making of a videotape of a child or record or authorizing the recording of a child's voice. (c) Requires the board of trustees of a school district to make a copy of any written survey or questionnaire the district or a district employee intends to administer to students that includes one or more questions regarding personal characteristics, feelings, or beliefs, such as religious beliefs, of a student or a student's family available to the public and on request provide a copy to a parent of a district student. Requires the board of trustees to hold a public hearing concerning the survey or questionnaire after making a copy of the survey or questionnaire in accordance with this section. Requires the board of trustees to approve or disapprove the administration of the survey or questionnaire by a record vote. (d) Requires a school district to notify a parent in writing and provide information concerning a survey or questionnaire to be administered to the parent's child and require the parent's consent to administer the survey or questionnaire. Provides that the information provided must include the name of the organization that developed and funded the survey or questionnaire, the manner in which the results of the survey or questionnaire will be used, the title of the person who will maintain or have access to the results, and whether the results will reveal a student's identity. (e) Prohibits a district that fails to comply with the hearing, approval, notice, and consent requirements under Subsections (c) and (d) from administering the survey or questionnaire to any student. Provides that the district must obtain the consent of the student's parent before administering a survey or questionnaire to a particular student. SECTION 5. Amends Chapter 26, Education Code, by adding Section 26.013, as follows: Sec. 26.013. NOTIFICATION. Requires notification under this chapter to be provided by administrative or clerical staff of a school district or school, as applicable. Prohibits the duty to provide notice from being delegated to a classroom teacher. Requires written notice required to be provided to a parent under this chapter to be provided by mail in addition to any other method by which the notice is provided. SECTION 6. Effective date: September 1, 1999. SECTION 7.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original throughout to conform to Legislative Council format. The substitute deletes SECTION 1 of the original which would have amended Sections 11.251(b) and (e), Education Code. Subsection (b) would have required that parents comprise not less than 25 percent of the membership of the district and campus-level planning committees. Subsection (e) would have provided that the board of trustees of each independent school district must provide procedures for the selection of parents to the district-level and campus-level committees; required the district administration to publicize the opportunity to serve as a parent member on the committee; and provided that the selection process for parent members must be by lottery or other random process. The substitute deletes SECTION 2 of the original which would have amended Section 25.083, Education Code, by adding Subsection (a), to require that courses in the foundation curriculum not be interrupted for career awareness counseling and other nonacademic class activities other than emergency announcements and periodic general announcements. The substitute deletes SECTION 3 of the original which would have amended Section 25.087, Education Code, by adding Subsections (c) and (d). Subsection (c) would have prohibited a school district from allowing or permitting a student to leave a school campus without the written or verified verbal consent of the student's parent for any purpose other than school sponsored activities except to receive emergency treatment for an acute or life-threatening injury or illness. Subsection (d) would have provided that a student's absence is excused if the parent submits a written notice of the absence, which includes the date and times of the absence. The substitute adds new SECTION 1 which amends Section 25.087(a), Education Code, to require a child's temporary absence to be excused if the child's parent or person having custody or control of the child submits a written notice concerning the absence that includes the date or time of the absence and the reason for the absence before the absence or immediately on the child's return to school. The substitute adds new SECTION 2 which amends Chapter 26, Education Code, by adding Section 26.0011, to require this chapter (Parental Rights and Responsibilities) to be liberally construed and applied to promote the purposes provided under Section 26.001. The substitute redesignates SECTION 4 of the original to SECTION 3 (Section 26.004, Education Code) and modifies it to require that information requested by a parent be provided within five school days. The substitute deletes the requirement that the school district fully disclose all information retained by the school on an annual basis. The substitute requires the school district to provide a parent with a descriptive summary of all information maintained or possessed by the district, rather than with copies of all the information. The substitute authorizes the district to charge the parent as authorized by Section 26.012 (Fees for Copies), rather than limit the charge to 10 cents per page. The substitute authorizes the State Board for Educator Certification (board) to suspend or revoke the certification of a district employee who has authority to release information required to be provided under this section if the employee refuses to release the information on request of the parent at a charge authorized by Section 26.012 and in a timely manner. The substitute also entitles a noncustodial parent to receive information that the parent requests unless a court has issued a protective or similar order against that parent under which the parent is prohibited from receiving the information. The substitute redesignates SECTION 5 of the original to SECTION 4 (Section 26.009, Education Code) and modifies it to amend the heading and Subsection (a), add a new Subsection (c), redesignate proposed Subsection (c) to Subsection (d), and add new Subsection (e). The substitute changes the section title to "Consent or Notice Required For Certain Activities" from "Consent Required For Certain Activities." The substitute amends Subsection (a) to provide that an employee of a school district must provide a child's parent with a written explanation of the purpose of and a written description of any psychological examination, test, or treatment before conducting a psychological examination, test, or treatment, unless it is required under Section 38.004 or state or federal law regarding requirements for special education or making or authorizing the making of a videotape of a child or record or authorizing the recording of a child's voice. The substitute adds a new Subsection (c) to require the board of trustees of a school district to make a copy of any written survey or questionnaire the district or a district employee intends to administer to students that includes one or more questions regarding personal characteristics, feelings, or beliefs, such as religious beliefs, of a student or a student's family available to the public and on request provide a copy to a parent of a district student. The substitute requires the board of trustees to hold a public hearing concerning the survey or questionnaire after making a copy of the survey or questionnaire in accordance with this section. The substitute also requires the board of trustees to approve or disapprove the administration of the survey or questionnaire by a record vote. The substitute redesignates Subsection (c) to Subsection (d) and modifies it by deleting the requirements regarding the means of notification and the provision that the parent has the right to see the results of the survey or questionnaire. The substitute adds a new Subsection (e) to prohibit a district that fails to comply with the hearing, approval, notice, and consent requirements under Subsections (c) and (d) from administering the survey or questionnaire to any student and to provide that the district must obtain the consent of the student's parent before administering a survey or questionnaire to a particular student. The substitute redesignates SECTION 6 of the original to SECTION 5 and replaces proposed Section 26.013, Education Code. The original would have provided that a parent has the right to petition the school district board of trustees to place an action item on the agenda of the next public meeting of the board of trustee and to request a record vote on the item and set forth the information a valid petition must contain. The substitute requires notification under this chapter to be provided by administrative or clerical staff of a school district or school, as applicable; prohibits the duty to provide notice from being delegated to a classroom teacher; and requires written notice required to be provided to a parent under this chapter to be provided by mail in addition to any other method by which the notice is provided. The substitute deletes SECTION 7 of the original which would have amended Section 26, Education Code, by adding Section 26.014, to authorize any parent to sue in any court in the county where the parent resides to enforce any provision of this Act, and, if the violation is statewide, to sue in the district court of Travis County, to seek issuance of a temporary or permanent restraining order or other injunctive or equitable relief as the court deems necessary to enforce the parental rights guaranteed by the Education Code, state or federal law, or the Texas or U.S. Constitution. The proposed section also authorized the parent to recover all civil damages, out of pocket expenses including lost wages, and attorney's fees from any government authority and/or contract service provider. The substitute deletes SECTION 8 of the original which would have amended Section 33.003, Education Code, to require the board of trustees of a school district to adopt guidelines to protect parental rights by ensuring, rather than to ensure, that written consent is obtained from the parent, legal guardian, or person entitled to enroll the student for the student to participate in developmental guidance, career awareness and counseling programs, and other activities the board may deem appropriate, rather than those activities for which the district requires parental consent. The substitute deletes SECTION 9 of the original which would have amended Section 38.011, Education Code, by adding Subsections (a) and (b). Subsection (a) would have provided that a school district board of trustees that wishes to expand or change the health services available in a public school from those which were available on January 1, 1999, must hold a public hearing at which the district will disclose all information on the proposed clinic, including the confidentiality of medical records. The original would have provided that the hearing must include time for public comment and that, if the health services available to students is expanded or changed after January 1, 1999, the district must fully disclose to parents on an annual basis the above information and a summary of clinic complaints lodged with the district in the past year. Subsection (b) would have provided that a school district must obtain the prior informed written or verbal consent of the child's parent each time a service other than a routine screening or minor routine care is provided and provided that a blanket consent form will not satisfy this requirement. The substitute deletes SECTION 10 of the original which would have made application of this Act prospective to the 1999-2000 school year. The substitute adds a new SECTION 6 to provide that this Act takes effect September 1, 1999. The substitute redesignates SECTION 11 (emergency clause) of the original to SECTION 7.