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PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS

PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS

Authorities:  34 C.F.R. Parts 99, 300; Texas Education Code
 
 
 
  FEDERAL AND STATE REQUIREMENTS

The parent of the child with a disability must be afforded an opportunity to examine all records relating to the child as described in the Notice of Procedural Safeguards.

 
DEFINITIONS
Under the Family Educational Rights and Privacy Act and for the purposes of the RECORDS frameworks:
  • Eligible student means the student who has reached 18 years of age or is attending an institution of postsecondary education;
  • A record is any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche; and
  • Education records means those records that are:
    • Directly related to the student; and
    • Maintained by an educational agency or institution or by a party acting for the agency or institution.
Records relating to an individual in attendance at the educational agency or institution, who is employed as a result of the student's status, are education records.
Intervention strategy, as used in this framework, means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies.
Education records do not include:
  • Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
  • Records of the law enforcement unit of an educational agency or institution;
  • Records relating to an individual who is employed by an educational agency or institution that:
    • Are made and maintained in the normal course of business;
    • Relate exclusively to the individual in that individual's capacity as an employee; and
    • Are not available for use for any other purpose;
  • Records on the student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
    • Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity;
    • Made, maintained, or used only in connection with treatment of the student; and
    • Disclosed only to individuals providing the treatment, which does not include remedial educational activities or activities that are part of the program of instruction at the educational agency or institution;
  • Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student; and
  • Grades on peer-graded papers before they are collected and recorded by a teacher.
 
LIST OF TYPES AND LOCATIONS OF INFORMATION
Each local educational agency (LEA) must provide the parent, on request, a list of the types and locations of education records collected, maintained, or used by the LEA.
 
STUDENT ASSESSMENT DATA PORTAL
The Texas Education Agency (TEA) will establish and maintain a student assessment data portal for use by LEAs, teachers, parents, students, and public institutions of higher education.
The TEA will establish a secure, interoperable system to be implemented through the portal under which:
  • A student, the student's parent, or other person standing in parental relationship can easily access the student's individual assessment data;
  • An authorized employee of the LEA, including the LEA teacher, can readily access individual assessment data of LEA students for use in developing strategies for improving student performance; and
  • An authorized employee of a public institution of higher education can readily access individual assessment data of students applying for admission for use in developing strategies for improving student performance.
The secure, interoperable system will provide a means for a student, the student's parent, or other person standing in parental relationship to track the student's progress on assessment instrument requirements for graduation.
The TEA will establish an interoperable system to be implemented through the portal under which general student assessment data is easily accessible to the public.
Student assessment data provided through the portal will:
  • Be available on or before the first instructional day of the school year following the year in which the data is collected; and
  • Include student performance data on assessment instruments over multiple years, including any data indicating progress in student achievement.
 
RIGHT TO INSPECT AND REVIEW RECORDS
An educational agency or institution must give full rights to the parent to inspect and review records relating to the parent's child, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as guardianship, divorce, separation, or custody that specifically revokes these rights.
The parent or eligible student has the right to inspect and review any education records of the student that are collected, maintained, or used by the educational agency or institution, including:
  • Attendance records;
  • Test scores;
  • Grades;
  • Disciplinary records;
  • Counseling records;
  • Psychological records;
  • Applications for admission;
  • Health and immunization information;
  • Teacher and school counselor evaluations;
  • Reports of behavioral patterns; and
  • Records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child.
The right to inspect and review education records includes:
  • The right to a response from the educational agency or institution to reasonable requests for explanations and interpretations of records;
  • The right to have the educational agency or institution preserve any education records for which an outstanding request to inspect and review exists;
  • The right to have the treatment records of the student reviewed by a physician or other appropriate professional of the parent or eligible student's choice; and
  • The right to have a representative of the parent or eligible student inspect and review the records.
 
TIMELINE
The educational agency or institution must comply with a request to inspect and review any education records relating to the student:
  • Without unnecessary delay and within a reasonable period of time;
  • Before a resolution session;
  • Before any due process hearing; and
  • Not more than 45 days after the request is received.
 
RECORDS ON MORE THAN ONE STUDENT
If the education records of the student includes information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student.
 
COPIES INCLUDING FEES FOR COPIES
If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution must:
  • Provide the parent or eligible student with a copy of the records requested; or
  • Make other arrangements for the parent or eligible student to inspect and review the requested records.
An educational agency or institution may charge a reasonable fee for a copy of an education record which is made for the parent or eligible student, unless the imposition of a fee effectively prevents exercising the right to inspect and review the student's education records.
An educational agency or institution must not charge a fee to search for or to retrieve the education records of a student.
When a disclosure of confidential records is made pursuant to the CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION framework:
  • If the parent or eligible student so requests, the educational agency or institution must provide a copy of the records disclosed; and
  • If the parent of the student who is not an eligible student as defined in the ANNUAL NOTIFICATION framework, the educational agency or institution must provide the student with a copy of the records disclosed.
When a disclosure of confidential information is made pursuant to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, specifically under the conditions that apply to disclosure of information to other educational agencies or institutions, the educational agency or institution must give the parent or eligible student, upon request, a copy of the record that was disclosed.
  Last Updated : Wed, Jan 31, 2018