EDUCATION CODE
CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 10, eff. June 13,
2001.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 7, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 805, § 1, eff. June 14,
2001.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1335, § 7, eff. June 19,
1999.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 539, § 1, 2, eff. Sept. 1,
2003.
§ 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, § 8, eff. June 19, 1999.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1175, § 1, eff. Sept. 1,
1997.
§ 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, § 1, eff. June 20, 2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
