
§ 1.005. EDUCATION RESEARCH CENTERS;  SHARING STUDENT 
INFORMATION.  (a) In this section:
		(1)  "Center" means a center for education research 
authorized by this section.
		(2)  "Coordinating board" means the Texas Higher 
Education Coordinating Board.
	(b)  The commissioner of education and the coordinating 
board may establish not more than three centers for education 
research for conducting research described by Subsections (e) and 
(f).
	(c)  A center may be established as part of:                                   
		(1)  the Texas Education Agency;                                              
		(2)  the coordinating board;  or                                              
		(3)  a public junior college, public senior college or 
university, or public state college, as those terms are defined by 
Section 61.003.
	(d)  A center may be operated under a memorandum of 
understanding between the commissioner of education, the 
coordinating board, and the governing board of an educational 
institution described by Subsection (c)(3).  The memorandum of 
understanding must require the commissioner of education, or a 
person designated by the commissioner, and the coordinating board, 
or a person designated by the coordinating board, to provide 
direct, joint supervision of the center under this section.
	(e)  A center shall conduct research for the benefit of 
education in this state, including research relating to the impact 
of state and federal education programs, the performance of 
educator preparation programs, public school finance, and the best 
practices of school districts with regard to classroom instruction, 
bilingual education programs, special language programs, and 
business practices.
	(f)  The commissioner of education and the coordinating 
board:               
		(1)  under the memorandum of understanding described by 
Subsection (d), may require a center to conduct certain research 
projects considered of particular importance to the state, as 
determined by the commissioner and the coordinating board;
		(2)  not later than the 45th day before the date a 
research project required to be conducted under this subsection is 
scheduled to begin, shall notify the governor, the Legislative 
Budget Board, and the governing body of the educational institution 
in which the center is established that the research project is 
required;  and
		(3)  shall provide sufficient funds to finance the 
project.                 
	(g)  In conducting research under this section, a center:                      
		(1)  may use data on student performance, including 
data that is confidential under the Family Educational Rights and 
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has 
collected from the Texas Education Agency, the coordinating board, 
any public or private institution of higher education, and any 
school district;  and
		(2)  shall comply with rules adopted by the 
commissioner of education and the coordinating board to protect the 
confidentiality of student information, including rules 
establishing procedures to ensure that confidential student 
information is not duplicated or removed from a center in an 
unauthorized manner.
	(h)  The commissioner of education and the coordinating 
board may:           
		(1)  accept gifts and grants to be used in operating one 
or more centers;  and
		(2)  by rule impose reasonable fees, as appropriate, 
for the use of a center's research, resources, or facilities.
	(i)  This section does not authorize the disclosure of 
student information that may not be disclosed under the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 
1232g).
	(j)  The commissioner of education and the coordinating 
board shall adopt rules as necessary to implement this section.
	(k)  In implementing this section, the commissioner of 
education may use funds appropriated to the agency and available 
for the purpose of establishing the centers.  After a center is 
established, the center must be funded by gifts and grants accepted 
under Subsection (h)(1) and fees imposed under Subsection (h)(2).  
Fees adopted under Subsection (h)(2) must be set in an amount 
sufficient to provide for the continued operation of the center.

Added by Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 2.01, eff. May 
26, 2006.

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Last modified: August 10, 2007