Association of Texas Professional Educators

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Legal Opinions

by sylvia martinez-haley, staff attorney

Parents have rights, too

A child’s education starts at home. Parents facilitate students’ learning by assisting with homework and reinforcing lessons, and they can support teachers and administrators when discipline issues arise. The Texas Legislature recognizes the importance of parents—defined as any person standing in parental relation to the student, but not anyone who has had his parental rights terminated or has lost access to his child by court order—and provides them with certain rights, which are found in Chapter 26 of the Texas Education Code (TEC). The Code states that “parents are partners with educators, administrators and [the] school district board of trustees in their children’s education.”

Access to records and materials

Parents are entitled to all written records concerning their child, including attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and counselor evaluations concerning the student, and reports of behavioral patterns.

Parents can also access all teaching materials being used in their child’s education. Parents can review textbooks and other teaching aids used in the classroom, as well as all tests after they are given. The district may specify reasonable hours for review.

If a parent asks to review student records or teaching materials, set up an appointment during your conference time. Be clear and upfront about what a parent may review. If you have any concerns, check with your administrator.

Parents are entitled to full disclosure concerning their child’s records and activities, including grades, participation in extracurricular activities or field trip attendance. If an educator encourages or coerces a child to withhold information from her parents, the educator may face disciplinary consequences that could lead to termination. Be careful to always inform parents of any important information or occurrence immediately, including anything that happens away from the school setting.

There is one exception, however, to the full disclosure rules: When educators are asked to cooperate with law enforcement in child abuse investigations, no notification or release of information to parents is required. This includes any investigation by the Texas Department of Family and Protective Services.

Activities requiring parental consent

Parents must consent in writing for any psycho-logical examination, test or treatment of their child, unless it is required as part of an ongoing child abuse investigation. Parental consent is also required for the making of a videotape of a child or recording of a child’s voice, if that recording is not:

• A video of children on school buses or in the common areas of the school grounds used for safety purposes.
• Media coverage of the school or extra-curricular activities, such as a recording of a football game.
• For use in regular classroom instruction or a student presentation.

Exemption from instruction

If certain classes or school activities conflict with parents’ religious or moral beliefs, parents can have their children temporarily removed from a class or activity if they present a written statement to the teacher authorizing the removal. Parents cannot, however, remove their children from classes to prevent them from taking a test or taking a subject for an entire semester.

If you have concerns about a topic set for classroom discussion, such as a unit on world religions, send a letter or e-mail to all parents letting them know when the topic will be discussed in class. Allowing parents sufficient time to submit an authorization for exemption will save everyone involved a great deal of trouble.

Changing schools or classrooms

Parents have the right to petition their district’s school board to move their child to another school within a district. Parents can also make a request of their child’s principal to change their child’s classroom or teacher as long as such a request does not impact other students.

Avoiding parental grievances

If parents disagree with the way their child is being taught, they have the right to file formal complaints regarding their concerns. Circumvent grievances by keeping parents in the know and working with them as closely and as much as possible. Document all communications with parents, and always involve your administrator or supervisor if concerns arise.

A great partnership stems from communication and a firm set of ground rules. Knowing both your rights and those of your students’ parents can help you make the most of your relationship while sidestepping any misunderstandings or complaints.

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