HBA-LJP C.S.H.B. 1804 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1804
By: Salinas
Higher Education
4/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Comprehensive information on the performance of students statewide could
help educators to create curriculums that improve the performance of
students who are performing below grade level standards. The Educational
Productivity Council in the College of Education at The University of Texas
at Austin (council) is a group of university researchers that work with
public school personnel to improve education at all levels.  C.S.H.B. 1804
authorizes the council to have access to information on the performance of
students from kindergarten through higher education. 

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. 

ANALYSIS

C.S.H.B. 1804 amends the Education Code to authorize the Educational
Productivity Council (council) in the College of Education at The
University of Texas at Austin to have access to information on the
performance of students attending public primary and secondary schools and
institutions of higher education (institutions) that can be used to: 

_assist public school teachers and instructors at institutions in providing
appropriate instruction to students; and 

_ensure that each student who performs below grade level on a subject in
the required public school curriculum or unsuccessfully in a course in the
required undergraduate core curriculum is identified so that the student
receives academic assistance and to reduce the number of students required
to enroll in developmental courses or programs under the Texas Academic
Skills Program. 

The bill authorizes the council to consult with educators at public primary
and secondary schools and institutions and any other experts to provide
requested services to institutions, school districts, and openenrollment
charter schools. 

The bill requires the council to make information obtained under these
provisions available to a student's teacher or instructor, or to an
administrator employed by the school, school district, or institution in
which the student is enrolled and authorizes the council to enter into an
agreement with a local or state educational agency to make the information
available.  The bill authorizes the council to have access to student
information that is confidential under federal law relating to family
educational and privacy rights and applicable regulations at the request of
the institution, school district, or open-enrollment charter school in
which the student is enrolled and provides that all confidential student
information must be handled according to federal regulations.  The bill
also provides that for the purposes of the council, employees of the
council are considered state school officials and are subject to federal
law governing the release or access to any personally identifiable
information in education records. 
 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1804 differs from the original by authorizing the Educational
Productivity Council in the College of Education at The University of Texas
at Austin (council) to have access to, rather than to develop a database,
of information on the performance of students attending public primary and
secondary schools and institutions of higher education (institution).  The
substitute authorizes the council to enter into an agreement with a local
or state educational agency to make the information available.  The
substitute authorizes the council to have access to student information
that is confidential under federal law, at the request of the institution,
school district, or open-enrollment charter school in which the student is
enrolled.