Obtain student records?

NOTICE OF PARENT AND STUDENT RIGHTS FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

The Klein Independent School District (KISD) maintains general education records and they are available to the parent, guardian, or person standing in lawful control of the student under a court order. A cumulative record folder is maintained for each student from the time the student enters the KISD until the student withdraws or graduates. These records move with the student from school to school. By law, both parents, whether married, separated, or divorced, have access to the records of a student who is a minor or a dependent for tax purposes. A parent whose rights have been legally terminated will be denied access to the records if the school is given a copy of the court order terminating these rights.

Section 26.004 of the Texas Education Code states that 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;
    10.Reports of behavioral patterns; and
    11.Records relating to assistance provided for learning difficulties including information collected regarding any intervention strategies used with your child, as the term is defined by law.

Federal law provides that student “education records” are confidential. The U.S. Department of Education defines education records as follows:

  1. Directly related to a student; and
  2. Maintained by an educational agency or institution or by a party for the agency or institution.
  3. The term does not include:

    (a)  Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

    (b) Personal notes made by teachers and other school officials that are not shared with others are not considered education records. Additionally, law enforcement records created and maintained by a school or district’s law enforcement unit are not education records. Additionally, law enforcement records created and maintained by a school or district’s law enforcement unit are not education records.

    Students 18 and older and parents of minor students may review and inspect the student’s records and request a correction if the records are improperly recorded, inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. If the KISD refuses the request to amend the records, the requestor has the right to request a hearing. If the records are not amended as a result of the hearing, the requestor has 10 school days to exercise the right to place a statement commenting on the information in the student’s record. Parents or students have the right to file a complaint with the U. S. Department of Education if they believe the KISD is not in compliance with the law regarding student records.

     
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