Texas Attorney General Opinion: JC-333 Page: 1 of 8
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OFFICE OF THE ATTORNEY GENERAL - STATE OF TEXAS
JOHN CORNYN
January 22, 2001
Mr. Jim Nelson Opinion No. JC-0333
Commissioner of Education
Texas Education Agency Re: Whether section 323.019 of the Government
1701 North Congress Avenue Code authorizes the Texas Education Agency to
Austin, Texas 78701-1494 release to the Texas Legislative Council student
information that is confidential under federal law
(RQ-0312-JC)
Dear Commissioner Nelson:
The Texas Education Agency ("TEA") possesses personally identifiable information from
education records that is confidential under federal law, the Family Educational Rights and Privacy
Act of 1974, 20 U.S.C. 1232g (1994 & Supp. IV 1998) ("FERPA"). FERPA allows release of
such personally identifiable information without parental consent only under certain circumstances,
including for example, to state and local education authorities for certain purposes. Section 323.019
of the Government Code provides that employees of the Texas Legislative Council are state school
officials for purposes of FERPA. You ask whether that state statute authorizes the Texas Education
Agency to release to the Texas Legislative Council personally identifiable information that is
confidential under FERPA. We conclude that it does not.
Before turning to FERPA's provisions governing release of education records, we begin with
a brief discussion of the Texas Legislative Council and section 323.019. Pursuant to chapter 323
of the Government Code, the Texas Legislative Council (the "Council"), an agency of the legislative
branch of state government, consists of the Lieutenant Governor, the Speaker of the House of
Representatives, the chairs of the Senate and House administration committees, four additional
Senators, and nine additional members of the House. See TEX. Gov'T CODE ANN. 323.001(a)
(Vernon 1998). Among other duties, the Council is charged with studying and investigating the
functions and problems of state agencies, conducting studies for the legislative branch, gathering and
disseminating information for the legislature's use, and providing data-processing services to aid
members and legislative committees in accomplishing their legislative duties. See id. 323.006.
Chapter 323 authorizes the Council to inspect and copy records in connection with hearings and to
issue subpoenas to compel the production of records. See id. 323.010, .011.
Section 323.019 of the Government Code, which was enacted in 1999,1 provides that the
Council may "gather and analyze information relating to public education and other public services'See Act of May 18, 1999, 76th Leg., R.S., ch. 1585, 2, 1999 Tex. Gen. Laws 5436.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-333, text, January 22, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274642/m1/1/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.