Texas Education Code 38.3071 – Request for and Disclosure of Information
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(a) To assist the task force in performing duties under this subchapter, the task force, or the agency on behalf of the task force, may request data from or consult with the following entities:
(1) school districts;
(2) open-enrollment charter schools;
(3) regional education service centers;
(4) local mental health authorities; and
(5) other entities that possess information relevant to the task force’s duties under § 38.308.
(b) In requesting data or consulting with entities under Subsection (a), the task force and agency:
(1) may not disclose a student’s medical or educational information; and
(2) must ensure any request or consultation complies with privacy and confidentiality of student information as required by § 38.309.
Terms Used In Texas Education Code 38.3071
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) Not later than the 60th business day after the date on which an entity receives a request for data from the task force or agency under Subsection (a), the entity shall provide the requested data to the task force or agency. An entity that provides data under this subsection:
(1) may not include personally identifying information of an individual receiving a mental health service, including the individual’s name or birthday; and
(2) may provide the data without seeking the prior authorization of an individual included in the data or of the individual’s parent or guardian, if the individual is a minor.
(d) A person that discloses data to the task force or agency in accordance with this section is immune from civil or criminal liability for, and may not be subject to an administrative penalty in connection with, that disclosure.