2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.031. Public Information and Complaints

Sec. 61.031.  PUBLIC INFORMATION AND COMPLAINTS.  (a)  The board shall maintain a file on each written complaint filed with the board.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the board;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.
(b)  The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.
(c)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 1011 (H.B. 2920), Sec. 5
(d)  Notwithstanding any other provision of law, information that relates to a current, former, or prospective applicant or student of an educational institution and that is obtained, received, or held by the board for the purpose of providing assistance with access to postsecondary education is confidential and excepted from disclosure under Chapter 552, Government Code, and may only be released in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  The board may withhold information prohibited from being disclosed under this subsection without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 19
(d)  Notwithstanding any other provision of law, information that relates to a current, former, or prospective applicant or student of an educational institution and that is obtained, received, or held by the board for the purpose of providing assistance with access to postsecondary education shall be considered confidential and excepted from disclosure under Chapter 552, Government Code, and may only be released in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  The board may withhold information prohibited from being disclosed under this subsection without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.08, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 820, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 18, eff. June 9, 2023.
Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 19, eff. June 9, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1011 (H.B. 2920), Sec. 4, eff. June 18, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1011 (H.B. 2920), Sec. 5, eff. June 18, 2023.