Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE H. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · CHAPTER 39. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY
Texas Codes

Tex. Educ. Code § 39.030 (2026)

Confidentiality; Performance Reports

✓ current as of May 2026
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Sec. 39.030. CONFIDENTIALITY; PERFORMANCE REPORTS. (a) In adopting academic skills assessment instruments under this subchapter, the agency or a school district shall ensure the security of the instruments and tests in their preparation, administration, and grading. Meetings or portions of meetings held by the agency or a school district at which individual assessment instruments or assessment instrument items are discussed or adopted are not open to the public under Chapter 551, Government Code, and the assessment instruments or assessment instrument items are confidential.

(b) The results of individual student performance on academic skills assessment instruments administered under this subchapter are confidential and may be released only in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). However, overall student performance data shall be aggregated by ethnicity, sex, grade level, subject area, campus, and district and made available to the public, with appropriate interpretations, at regularly scheduled meetings of the board of trustees of each school district. The information may not contain the names of individual students or teachers.

(c) Repealed by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.

Amended by:

Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 4.014, eff. December 4, 2025.

Notes of Decisions
Cited in 3 cases, 1998–2000 · leading case: Waco Indep. Sch. Dist. v. Gibson, 22 S.W.3d 849 (Tex. 2000).
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Waco Indep. Sch. Dist. v. Gibson, 22 S.W.3d 849 (Tex. 2000). · cites it 2× “[7] TEX. EDUC.CODE § 39.030. [8] TEX. GOV'T CODE § 552.”
Gibson v. Waco Indep. Sch. Dist., 971 S.W.2d 199 (Tex. App. 1998). “See Tex. EduC.Code Ann. § 39.030 (Vernon 1996); Tex.”
Fish v. Dallas Indep. Sch. Dist., 31 S.W.3d 678 (Tex. App. 2000). “101 of the Act and TEX.EDUC.CODE ANN. § 39.030(b) (Vernon 1996) are applicable to this issue.”
— Tex. Educ. Code § 39.030(b) — 1 case
Fish v. Dallas Indep. Sch. Dist., 31 S.W.3d 678 (Tex. App. 2000). “101 of the Act and TEX.EDUC.CODE ANN. § 39.030(b) (Vernon 1996) are applicable to this issue.”
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