HBA-CMT S.B. 1743 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1743
By: Nelson
Public Education
5/11/2001
Engrossed



BACKGROUND AND PURPOSE 

The federal Family Educational Rights and Privacy Act of 1974 (FERPA)
protects education records maintained by educational institutions.  FERPA
allows release of such personally identifiable information without parental
consent only under certain circumstances and for certain purposes.   Senate
Bill 1743 authorizes a public school district to designate any or all items
defined as "directory information," subject to release in compliance with
FERPA and the Texas open records law.  

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

Senate Bill 1743 amends the Government Code to exempt student directory
information from requirements related to the availability of public
information if it is information in a student record at a public school
district and not designated by the district as directory information, as
defined by the federal Family and Educational Rights and Privacy Act of
1974 (FERPA).  The bill authorizes a public school district to designate as
directory information any or all information defined as directory
information by FERPA and provides that a district must comply with that act
before releasing any designated directory information.   

EFFECTIVE DATE

September 1, 2001.