CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES
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.