The board and the department must make an information-sharing memorandum, with annual demographic data from the department and aggregate outcomes data from the board, and any use of individual-student information by a research center must be approved by the department.
Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF INFORMATION FOR STUDENTS FORMERLY IN FOSTER CARE. (a) In this section, "department" means the Department of Family and Protective Services. (b) The board and the department shall enter into a memorandum of understanding regarding the exchange of information as appropriate to facilitate the department's evaluation of educational outcomes of students at institutions of higher education who were formerly in the conservatorship of the department. The memorandum of understanding must require: (1) the department to provide the board each year with demographic information regarding individual students enrolled at institutions of higher education who were formerly in the conservatorship of the department following an adversarial hearing under Section 262.201, Family Code; and (2) the board, in a manner consistent with federal law, to provide the department with aggregate information regarding educational outcomes of students for whom the board received demographic information under Subdivision (1). (c) For purposes of Subsection (b)(2), information regarding educational outcomes includes information relating to student academic achievement, graduation rates, attendance, and other educational outcomes as determined by the board and the department. (d) The department may authorize the board to provide education research centers established under Section 1.005 with demographic information regarding individual students received by the board in accordance with Subsection (b)(1), as appropriate to allow the centers to perform additional analysis regarding educational outcomes of students in foster care. Any use of information regarding individual students provided to a center under this subsection must be approved by the department. (e) Nothing in this section may be construed to: (1) require the board or the department to collect or maintain additional information regarding students formerly in the conservatorship of the department; or (2) allow the release of information regarding an individual student in a manner not permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or another state or federal law. Added by Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 3, eff. June 17, 2015.