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.