Tex. Educ. Code § 38.3071

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 38.3071 - Request For And Disclosure Of Information

(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 Section 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 Section 38.309.

(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.

Tex. Educ. Code § 38.3071

Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 692,Sec. 4, eff. 9/1/2021.