Texas Government Code 552.114 – Exception: Confidentiality of Student Records
Current as of: 2024 | Check for updates
|
Other versions
(a) In this section, “student record” means:
(1) information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g(a)(4)); or
(2) information in a record of an applicant for admission to an educational institution, including a transfer applicant.
(b) Information is confidential and excepted from the requirements of § 552.021 if it is information in a student record at an educational institution funded wholly or partly by state revenue. This subsection does not prohibit the disclosure or provision of information included in an education record if the disclosure or provision is authorized by 20 U.S.C. § 1232g or other federal law.
Terms Used In Texas Government Code 552.114
- 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) A record covered by Subsection (b) shall be made available on the request of:
(1) educational institution personnel;
(2) the student involved or the student’s parent, legal guardian, or spouse; or
(3) a person conducting a child abuse investigation required by Subchapter D, Chapter 261, Family Code.
(d) Except as provided by Subsection (e), an educational institution may redact information covered under Subsection (b) from information disclosed under § 552.021 without requesting a decision from the attorney general.
(e) If an applicant for admission to an educational institution described by Subsection (b) or a parent or legal guardian of a minor applicant to an educational institution described by Subsection (b) requests information in the record of the applicant, the educational institution shall disclose any information that:
(1) is related to the applicant’s application for admission; and
(2) was provided to the educational institution by the applicant.