CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE E. STUDENTS AND PARENTS

CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES

Sec. 26.001. PURPOSE. (a) Parents are partners with educators,

administrators, and school district boards of trustees in their

children's education. Parents shall be encouraged to actively

participate in creating and implementing educational programs for

their children.

(b) The rights listed in this chapter are not exclusive. This

chapter does not limit a parent's rights under other law.

(c) Unless otherwise provided by law, a board of trustees,

administrator, educator, or other person may not limit parental

rights.

(d) Each board of trustees shall provide for procedures to

consider complaints that a parent's right has been denied.

(e) Each board of trustees shall cooperate in the establishment

of ongoing operations of at least one parent-teacher organization

at each school in the district to promote parental involvement in

school activities.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.002. DEFINITION. In this chapter, "parent" includes a

person standing in parental relation. The term does not include a

person as to whom the parent-child relationship has been

terminated or a person not entitled to possession of or access to

a child under a court order. Except as provided by federal law,

all rights of a parent under Title 2 of this code and all

educational rights under Section 151.003(a)(10), Family Code,

shall be exercised by a student who is 18 years of age or older

or whose disabilities of minority have been removed for general

purposes under Chapter 31, Family Code, unless the student has

been determined to be incompetent or the student's rights have

been otherwise restricted by a court order.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 10, eff.

June 13, 2001.

Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A parent

is entitled to:

(1) petition the board of trustees designating the school in the

district that the parent's child will attend, as provided by

Section 25.033;

(2) reasonable access to the school principal, or to a

designated administrator with the authority to reassign a

student, to request a change in the class or teacher to which the

parent's child has been assigned, if the reassignment or change

would not affect the assignment or reassignment of another

student;

(3) request, with the expectation that the request will not be

unreasonably denied:

(A) the addition of a specific academic class in the course of

study of the parent's child in keeping with the required

curriculum if sufficient interest is shown in the addition of the

class to make it economically practical to offer the class;

(B) that the parent's child be permitted to attend a class for

credit above the child's grade level, whether in the child's

school or another school, unless the board or its designated

representative expects that the child cannot perform

satisfactorily in the class; or

(C) that the parent's child be permitted to graduate from high

school earlier than the child would normally graduate, if the

child completes each course required for graduation; and

(4) have a child who graduates early as provided by Subdivision

(3)(C) participate in graduation ceremonies at the time the child

graduates.

(b) The decision of the board of trustees concerning a request

described by Subsection (a)(2) or (3) is final and may not be

appealed.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL NETWORK.

(a) At the time and in the manner that a school district or

open-enrollment charter school informs students and parents about

courses that are offered in the district's or school's

traditional classroom setting, the district or school shall

notify parents and students of the option to enroll in an

electronic course offered through the state virtual school

network under Chapter 30A.

(b) A school district or open-enrollment charter school in which

a student is enrolled as a full-time student may not unreasonably

deny the request of a parent of a student to enroll the student

in an electronic course offered through the state virtual school

network under Chapter 30A.

(c) For purposes of Subsection (b), a school district or

open-enrollment charter school is not considered to have

unreasonably denied a request to enroll a student in an

electronic course if:

(1) the district or school can demonstrate that the course does

not meet state standards or standards of the district or school

that are of equivalent rigor as the district's or school's

standards for the same course provided in a traditional classroom

setting;

(2) a student attempts to enroll in a course load that:

(A) is inconsistent with the student's high school graduation

plan; or

(B) could reasonably be expected to negatively affect the

student's performance on an assessment instrument administered

under Section 39.023; or

(3) the student requests permission to enroll in an electronic

course at a time that is not consistent with the enrollment

period established by the school district or open-enrollment

charter school providing the course.

(d) Notwithstanding Subsection (c)(3), a school district or

open-enrollment charter school that provides an electronic course

through the state virtual school network under Chapter 30A shall

make all reasonable efforts to accommodate the enrollment of a

student in the course under special circumstances.

(e) A parent may appeal to the commissioner a school district's

or open-enrollment charter school's decision to deny a request to

enroll a student in an electronic course offered through the

state virtual school network. The commissioner's decision under

this subsection is final and may not be appealed.

Added by Acts 2007, 80th Leg., R.S., Ch.

1337, Sec. 2, eff. September 1, 2007.

Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is entitled to

access to all written records of a school district concerning the

parent's child, including:

(1) attendance records;

(2) test scores;

(3) grades;

(4) disciplinary records;

(5) counseling records;

(6) psychological records;

(7) applications for admission;

(8) health and immunization information;

(9) teacher and counselor evaluations; and

(10) reports of behavioral patterns.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.005. ACCESS TO STATE ASSESSMENTS. Except as provided by

Section 39.023(e), a parent is entitled to access to a copy of

each state assessment instrument administered under Section

39.023 to the parent's child.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 7, eff.

Sept. 1, 1997.

Sec. 26.006. ACCESS TO TEACHING MATERIALS. (a) A parent is

entitled to:

(1) review all teaching materials, textbooks, and other teaching

aids used in the classroom of the parent's child; and

(2) review each test administered to the parent's child after

the test is administered.

(b) A school district shall make teaching materials and tests

readily available for review by parents. The district may specify

reasonable hours for review.

(c) A student's parent is entitled to request that the school

district or open-enrollment charter school the student attends

allow the student to take home any textbook used by the student.

Subject to the availability of a textbook, the district or school

shall honor the request. A student who takes home a textbook must

return the textbook to school at the beginning of the next school

day if requested to do so by the student's teacher. In this

subsection, "textbook" has the meaning assigned by Section

31.002.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 805, Sec. 1, eff. June

14, 2001.

Sec. 26.007. ACCESS TO BOARD MEETINGS. (a) A parent is

entitled to complete access to any meeting of the board of

trustees of the school district, other than a closed meeting held

in compliance with Subchapters D and E, Chapter 551, Government

Code.

(b) A board of trustees of a school district must hold each

public meeting of the board within the boundaries of the district

except as required by law or except to hold a joint meeting with

another district or with another governmental entity, as defined

by Section 2051.041, Government Code, if the boundaries of the

governmental entity are in whole or in part within the boundaries

of the district. All public meetings must comply with Chapter

551, Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 7, eff.

June 19, 1999.

Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. (a)

A parent is entitled to full information regarding the school

activities of a parent's child except as provided by Section

38.004.

(b) An attempt by any school district employee to encourage or

coerce a child to withhold information from the child's parent is

grounds for discipline under Section 21.104, 21.156, or 21.211,

as applicable.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL EDUCATION

AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES. (a) The

agency shall produce and provide to school districts sufficient

copies of a comprehensive, easily understood document that

explains the process by which an individualized education program

is developed for a student in a special education program and the

rights and responsibilities of a parent concerning the process.

The document must include information a parent needs to

effectively participate in an admission, review, and dismissal

committee meeting for the parent's child.

(b) The agency will ensure that each school district provides

the document required under this section to the parent as

provided by 20 U.S.C. Section 1415(b):

(1) as soon as practicable after a child is referred to

determine the child's eligibility for admission into the

district's special education program, but at least five school

days before the date of the initial meeting of the admission,

review, and dismissal committee; and

(2) at any other time on reasonable request of the child's

parent.

(c) The agency shall produce and provide to school districts a

written explanation of the options and requirements for providing

assistance to students who have learning difficulties or who need

or may need special education. The explanation must state that a

parent is entitled at any time to request an evaluation of the

parent's child for special education services under Section

29.004. Each school year, each district shall provide the written

explanation to a parent of each district student by including the

explanation in the student handbook or by another means.

Added by Acts 1999, 76th Leg., ch. 616, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 539, Sec. 1, 2, eff.

Sept. 1, 2003.

Sec. 26.0085. REQUESTS FOR PUBLIC INFORMATION. (a) A school

district or open-enrollment charter school that seeks to withhold

information from a parent who has requested public information

relating to the parent's child under Chapter 552, Government

Code, and that files suit as described by Section 552.324,

Government Code, to challenge a decision by the attorney general

issued under Subchapter G, Chapter 552, Government Code, must

bring the suit not later than the 30th calendar day after the

date the school district or open-enrollment charter school

receives the decision of the attorney general being challenged.

(b) A court shall grant a suit described by Subsection (a)

precedence over other pending matters to ensure prompt resolution

of the subject matter of the suit.

(c) Notwithstanding any other law, a school district or

open-enrollment charter school may not appeal the decision of a

court in a suit filed under Subsection (a). This subsection does

not affect the right of a parent to appeal the decision.

(d) If the school district or open-enrollment charter school

does not bring suit within the period established by Subsection

(a), the school district or open-enrollment charter school shall

comply with the decision of the attorney general.

(e) A school district or open-enrollment charter school that

receives a request from a parent for public information relating

to the parent's child shall comply with Chapter 552, Government

Code. If an earlier deadline for bringing suit is established

under Chapter 552, Government Code, Subsection (a) does not

apply. This section does not affect the earlier deadline for

purposes of Section 532.353(b)(3) for a suit brought by an

officer for public information.

Added by Acts 1999, 76th Leg., ch. 1335, Sec. 8, eff. June 19,

1999.

Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) An

employee of a school district must obtain the written consent of

a child's parent before the employee may:

(1) conduct a psychological examination, test, or treatment,

unless the examination, test, or treatment is required under

Section 38.004 or state or federal law regarding requirements for

special education; or

(2) make or authorize the making of a videotape of a child or

record or authorize the recording of a child's voice.

(b) An employee of a school district is not required to obtain

the consent of a child's parent before the employee may make a

videotape of a child or authorize the recording of a child's

voice if the videotape or voice recording is to be used only for:

(1) purposes of safety, including the maintenance of order and

discipline in common areas of the school or on school buses;

(2) a purpose related to a cocurricular or extracurricular

activity;

(3) a purpose related to regular classroom instruction; or

(4) media coverage of the school.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1175, Sec. 1, eff.

Sept. 1, 1997.

Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT

OF CHILD AS BASIS OF REPORT OF NEGLECT. (a) In this section,

"psychotropic drug" has the meaning assigned by Section 261.111,

Family Code.

(b) An employee of a school district may not use or threaten to

use the refusal of a parent, guardian, or managing or possessory

conservator of a child to administer or consent to the

administration of a psychotropic drug to the child, or to consent

to any other psychiatric or psychological testing or treatment of

the child, as the sole basis for making a report of neglect of

the child under Subchapter B, Chapter 261, Family Code, unless

the employee has cause to believe that the refusal:

(1) presents a substantial risk of death, disfigurement, or

bodily injury to the child; or

(2) has resulted in an observable and material impairment to the

growth, development, or functioning of the child.

Added by Acts 2003, 78th Leg., ch. 1008, Sec. 1, eff. June 20,

2003.

Sec. 26.010. EXEMPTION FROM INSTRUCTION. (a) A parent is

entitled to remove the parent's child temporarily from a class or

other school activity that conflicts with the parent's religious

or moral beliefs if the parent presents or delivers to the

teacher of the parent's child a written statement authorizing the

removal of the child from the class or other school activity. A

parent is not entitled to remove the parent's child from a class

or other school activity to avoid a test or to prevent the child

from taking a subject for an entire semester.

(b) This section does not exempt a child from satisfying grade

level or graduation requirements in a manner acceptable to the

school district and the agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.011. COMPLAINTS. The board of trustees of each school

district shall adopt a grievance procedure under which the board

shall address each complaint that the board receives concerning

violation of a right guaranteed by this chapter.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.012. FEE FOR COPIES. The agency or a school district

may charge a reasonable fee in accordance with Subchapter F,

Chapter 552, Government Code, for copies of materials provided to

a parent under this chapter.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 26.013. STUDENT DIRECTORY INFORMATION. (a) A school

district shall provide to the parent of each district student at

the beginning of each school year or on enrollment of the student

after the beginning of a school year:

(1) a written explanation of the provisions of the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g), regarding the release of directory information about the

student; and

(2) written notice of the right of the parent to object to the

release of directory information about the student under the

Family Educational Rights and Privacy Act of 1974 (20 U.S.C.

Section 1232g).

(b) The notice required by Subsection (a)(2) must contain:

(1) the following statement in boldface type that is 14-point or

larger:

"Certain information about district students is considered

directory information and will be released to anyone who follows

the procedures for requesting the information unless the parent

or guardian objects to the release of the directory information

about the student. If you do not want [insert name of school

district] to disclose directory information from your child's

education records without your prior written consent, you must

notify the district in writing by [insert date]. [Insert name of

school district] has designated the following information as

directory information: [Here a school district must include any

directory information it chooses to designate as directory

information for the district, such as a student's name, address,

telephone listing, electronic mail address, photograph, degrees,

honors and awards received, date and place of birth, major field

of study, dates of attendance, grade level, most recent

educational institution attended, and participation in officially

recognized activities and sports, and the weight and height of

members of athletic teams.]";

(2) a form, such as a check-off list or similar mechanism, that:

(A) immediately follows, on the same page or the next page, the

statement required under Subdivision (1); and

(B) allows a parent to record:

(i) the parent's objection to the release of all directory

information or one or more specific categories of directory

information if district policy permits the parent to object to

one or more specific categories of directory information;

(ii) the parent's objection to the release of a secondary

student's name, address, and telephone number to a military

recruiter or institution of higher education; and

(iii) the parent's consent to the release of one or more

specific categories of directory information for a limited

school-sponsored purpose if such purpose has been designated by

the district and is specifically identified, such as for a

student directory, student yearbook, or district publication; and

(3) a statement that federal law requires districts receiving

assistance under the Elementary and Secondary Education Act of

1965 (20 U.S.C. Section 6301 et seq.) to provide a military

recruiter or an institution of higher education, on request, with

the name, address, and telephone number of a secondary student

unless the parent has advised the district that the parent does

not want the student's information disclosed without the parent's

prior written consent.

(c) A school district may designate as directory information any

or all information defined as directory information by the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g). Directory information under that Act that is not

designated by a district as directory information for that

district is excepted from disclosure by the district under

Chapter 552, Government Code.

(d) Directory information consented to by a parent for use only

for a limited school-sponsored purpose, such as for a student

directory, student yearbook, or school district publication, if

any such purpose has been designated by the district, remains

otherwise confidential and may not be released under Chapter 552,

Government Code.

Added by Acts 2005, 79th Leg., Ch.

687, Sec. 1, eff. June 17, 2005.