This appendix contains selected state laws that seem to be applicable to the area of privacy of student records and general data transmission security. The lists are provided for the reader to use as a starting place for research. The lists for each state are not exhaustive, and we do not guarantee that the statutes are current.  However, they do give readers an idea of the kinds of statutes that states may have on their books. 


Tennessee Statutes Appendix C Index Utah StatutesClick on the arrows or 'Appx C' to navigate.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

TEXAS

 

General State Laws, Regulations and Policies: URL, citation and summary

Tex. Fam. Code § 58.0051 (Texas Statutes and Codes)

Juvenile and school records; confidentiality.

Summary: See all of statute which states the conditions under which information about juvenile offenders can be released. See (a) which states conditions must be specified under which criminal history information is to be available to school personnel, and conditions under which school records are to be available to juvenile justice agencies.


Tex. Gov't. Code § 552.023 (Texas Statutes and Codes)

Special Right of Access to Confidential Information.

Summary: See all of statute which specifies that a person, or a person's authorized representative, has a special right of access beyond the general public to information that relates to that person, and a governmental body may not deny access to that person on the grounds that it is confidential.


Tex. Gov't. Code § 552.026 (Texas Statutes and Codes)

Education records; release.

Summary: See all of statute which states that an educational agency or institution is not required to release information contained in education records except in conformity to FERPA.


Tex. Gov't. Code § 552.114 (Texas Statutes and Codes)

Student records; exceptions.

Summary: See all of statute regarding conditions under which information in student records can be released.


 

Education State Laws, Regulations, and Policies: URL, citation and summary

Tex. Educ. Code § 37.084 (Texas Statutes and Codes)

School records; interagency sharing. Summary: See all of statute which authorizes a school district superintendent or his designee to disclose information in a student's educational record to a juvenile justice agency in conformity with FERPA.


Tex. Educ. Code § 38.009 (Texas Statutes and Codes)

Medical records; school access.

Summary: See (a) & (b) which states that school administrators, nurses, and teachers are entitled to a student's medical records maintained by the school district "for reasons determined by district policy" and must maintain the confidentiality of the medical records.


Tex. Educ. Code § 38.010 (Texas Statutes and Codes)

Medical records; outside counselors.

Summary: See (a)(5) which states that a school

district or school employee cannot refer a student to an outside counselor for treatment unless the district "specifically prohibits any disclosure of a student record that violates state or federal law."


Tex. Educ. Code § 38.012 (Texas Statutes and Codes)

Medical records; notice concerning health care services.

Summary: See (a)(1) and (C), (E), & (F) which state that before a school district or school may expand or change health care services available at a school they must hold a public hearing and disclose the accessibility of the student's medical records to their parents, the titles of persons who will have access to the medical records, and the security measures which will be taken to "protect the privacy of students' medical records."


Tex. Educ. Code § 39.030 (Texas Statutes and Codes)

Performance reports; confidentiality.

Summary: See (b) which states that the results of individual student performance on academic skills assessment instruments are confidential and can only be released in accordance with FERPA. Overall data can be made available to the public but cannot contain the names of individual students or teachers.



 

   Related Texas State Policies Link



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