Law / United States / 
Texas
Texas career school and college student information: solicitation, disclosure and use offense
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not solicit, disclose, receive or use the identifying information of a prospective, current or former student of a career school or college, such as a student's name, address, telephone number, social security number, e-mail address, date of birth or education records, and do not authorize, permit, participate in or acquiesce in another person's use of it, unless Subchapter F of Labor Code chapter 301, subpart D of part 99 of title 34 of the Code of Federal Regulations, or a commission rule permits it (Tex. Educ. Code sec. 132.024(a) and (c)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A violation of section 132.024(c) is a Class A misdemeanor (Tex. Educ. Code sec. 132.024(d)).
What record it asks for
Logging duty
Section 132.024 makes it an offense to solicit, disclose, receive or use student information unless a listed rule permits it. It requires no record of any access or disclosure to be kept.
- Kind
- None
- As of
What this law does
A person commits an offense if the person solicits, discloses, receives or uses student information, or authorizes, permits, participates in or acquiesces in another person's use of it, unless Subchapter F of Labor Code chapter 301, subpart D of part 99 of title 34 of the Code of Federal Regulations, or a commission rule permits it.
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 the chapter, and includes a student's name, address, telephone number, social security number, e-mail address or date of birth.
The term also includes 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 a student's education records.
A student is any prospective, current or former student of a career school or college, or of 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 the chapter.
A career school or college is a business enterprise, operated for a profit or on a nonprofit basis, that maintains a physical place of business in Texas or solicits business in Texas, that is not specifically exempted by the chapter, and offers or maintains a course or courses of instruction or study. Student information is not public information for purposes of Chapter 552, Government Code. An offense under section 132.024(c) is a Class A misdemeanor.
Section 132.024 was added by Acts 2011, 82nd Legislature, chapter 326 (House Bill 2538), effective , and was amended by Acts 2017, 85th Legislature, chapter 850 (House Bill 2413), effective .
When LexLint raises it
When your app profile says your app serves colleges and universities or processes personal data.
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