HBA-JRA H.B. 3396 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3396 By: Culberson Public Education 3/28/1999 Introduced BACKGROUND AND PURPOSE The purpose of 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, H.B. 3396 reinstates the requirement that a parent provide written consent for their child's absence to be considered excused; increases the number of parents required to be members of campus-level and district-level committees; 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 Sections 11.251(b) and (e), Education Code, as follows: (b) Requires that parents comprise not less than 25 percent of the membership of the district and campus-level planning committees. (e) Provides that the board of trustee of each independent school district must provide procedures for the selection of parents to the district-level and campus-level committees. Requires the district administration to publicize the opportunity to serve as a parent member on the committee by sending parents a notice explaining the function of the committees and the selection process for parent members, the date by which the notice needs to be returned, and the term of service. Requires that the term of a parent member be one calendar year. Requires that the notice be sent home in the beginning of the school year with parent advisory forms, at the end of the school year with final report cards, or by U.S. mail annually at a time of the district's choosing. Provides that the selection process for parent members must be by lottery or other random process. SECTION 2. Amends Section 25.083, Education Code, by adding Subsection (a), as follows: (a) Requires 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. SECTION 3. Amends Section 25.087, Education Code, by adding Subsections (c) and (d), as follows: (c) Prohibits 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 lifethreatening injury or illness. (d) Provides 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. SECTION 4. Amends Section 26.004, Education Code, as follows: Sec. 26.004. ACCESS TO STUDENT RECORDS. Provides that a school district is required to fully disclose in writing on an annual basis, and to make available to a parent upon the parent's request at a cost not to exceed 10 cents per page, all information which is being retained by or is in possession of the school in regard to the parent's child, including how the information is to be used and maintained, who has access to it, and how security is assured. Requires that the records be confidential and prohibits their release with studentidentifying information without the parent's consent, except to an authorized and disclosed school employee or in cooperation with an investigation authorized under Section 38.004 (Child Abuse Reporting and Programs), Education Code. Requires failure to make the records available at a cost not to exceed 10 cents per page to result in the loss or suspension of the certification of the teacher or administrator. Provides that a parent's entitlement to access is not limited to certain records. SECTION 5. Amends Section 26.009, Education Code, by adding Subsection (c), as follows: (c) Provides that a school district is required to notify and provide complete information about any survey or questionnaire to be administered to a child to the child's parents in writing prior to administration. Sets forth the requirements for notification. Provides that notice must include what organization created and funded the survey or questionnaire, how the information is to be used, who will maintain and have access to the data, and whether or not the data is to be released to the student. Provides that the parent has the right to a copy upon request at a cost not to exceed 10 cents per page. Provides that a parent has the right to see the results of the survey or questionnaire and to exempt the parent's child from participating in the survey or questionnaire for any reason. SECTION 6. Amends Chapter 26, Education Code, by adding Section 26.013, as follows: Sec. 26.013. RIGHT TO PETITION. Provides 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. Provides that a valid petition must contain a sufficient number of signatures of registered voters to equal five percent of the number of voters who voted in the last school board election. Provides that the petition must contain the signature, printed name, address and voter registration number for the petition signature to be valid. SECTION 7. Amends Section 26, Education Code, by adding Section 26.014, as follows: Sec. 26.014. VIOLATIONS OF PARENTAL RIGHTS. (a) Authorizes any parent to sue in any court in the county where the parent resides to enforce any provision of this Act. Authorizes a parent, 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. Authorizes 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. (b) Requires a one-year suspension of the certification of a teacher or administrator who has been found guilty of violating a parent's parental rights. SECTION 8. Amends 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. SECTION 9. Amends Section 38.011, Education Code, by adding Subsections (a) and (b), as follows: (a) Provides 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. Provides that the hearing must include time for public comment. Provides 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. (b) Provides 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. Provides that a blanket consent form will not satisfy this requirement. SECTION 10. Makes application of this Act prospective to the 1999-2000 school year. SECTION 11.Emergency clause. Effective date: upon passage.