HBA-LCA H.B. 1749 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1749 By: Van de Putte Juvenile Justice & Family Issues 3/26/1999 Introduced BACKGROUND AND PURPOSE Public elementary and secondary schools are subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C., Section 1232g), which governs disclosure of information in educational records. A 1994 amendment to the Act authorizes educators to share with juvenile justice officials information on children who are at risk of involvement, or have become involved, in the juvenile justice system. H.B. 1749 amends a state law to authorize the disclosure of information contained in the juvenile justice information system to the Department of Protective and Regulatory Services and to certain public school officials. 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 58.106, Family Code, by amending Subsection (a) and adding Subsections (d) and (e), as follows: (a) Includes the Department of Protective and Regulatory Services and the principal or assistant principal of a public elementary or secondary school among the entities that may receive information contained in the juvenile justice information system from the Department of Public Safety (department). Makes conforming changes. Redesignates existing Subdivision 4 as Subdivision 6. (d) Prohibits the department from providing information to the Department of Protective and Regulatory Services without a written agreement that limits use of the information to official business, ensures its security and confidentiality, and provides sanctions for violation of the agreement. (e) Prohibits the department from providing information to a principal or assistant principal of a public elementary or secondary school without a written agreement that limits use of the information to official business, ensures its security and confidentiality, and provides sanctions for violation of the agreement. SECTION 2. Emergency clause. Effective date: upon passage.