The section defines “student” and “student information,” makes student information nonpublic, and generally prohibits handling that information unless an exception applies.
Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY. (a) In this section: (1) "Student" means any prospective, current, or former student of: (A) a career school or college; or (B) any other school, educational institution, or business entity from which the commission receives, or regarding which the commission reviews, information through its administration or enforcement of this chapter. (2) "Student information" means identifying information regarding a student that is in the possession of the commission, a career school or college, or any other school, educational institution, or business entity from which the commission receives, or regarding which the commission reviews, information through its administration or enforcement of this chapter. The term includes: (A) a student's name, address, telephone number, social security number, e-mail address, or date of birth; (B) any other identifying number or other information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the student; and (C) a student's education records, as defined by 34 C.F.R. Section 99.3. (b) Student information is not public information for purposes of Chapter 552, Government Code. (c) Unless permitted by Subchapter F, Chapter 301, Labor Code, 34 C.F.R. Part 99, Subpart D, or commission rule, a person commits an offense if the person solicits, discloses, receives, or uses, or authorizes, permits, participates in, or acquiesces in another person's use of, student information. (d) An offense under Subsection (c) is a Class A misdemeanor. Added by Acts 2011, 82nd Leg., R.S., Ch. 326 (H.B. 2538), Sec. 1, eff. September 1, 2011. Amended by: Acts 2017, 85th Leg., R.S., Ch. 850 (H.B. 2413), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 850 (H.B. 2413), Sec. 2, eff. September 1, 2017.