Know Your Rights
By Lori Melcher | Texas District Watch
As a parent, you are the most important person in your child’s education. Texas law actually says the school is supposed to be your partner. But sometimes, it feels like the school is holding all the cards and keeping you in the dark.
I want to talk about a specific law: Texas Education Code Sec. 26.004. This law gives you the right to see all written records the school has about your child.
What Can You Ask To See?
The law lists many things you have a right to check, such as:
Attendance and Grades: How often they are there and how they are doing in class.
Test Scores: Results from state or local exams.
Disciplinary Records: Any notes on behavior or “office referrals”.
Counseling and Medical Records: Notes from school counselors or health info.
Intervention Strategies: This is a big one, it includes extra help or special plans the school uses to help your child learn.
A Quick Pro-Tip: The law uses the word “including” before listing these items. In legal terms, “including” means this is just a starting list. It does not mean these are the only things you can see.
My Story: Fighting for the Truth
I used to work in state government. I served as a records liaison, which means I spent a lot of time learning exactly which papers a government office is required to keep and for how long. Because of this, I knew when my own school district, was trying to “pull the wool over my eyes.”
When I was going through a disagreement (called a “grievance”) with the school, I noticed my daughter was being treated unfairly in her sports program. I asked for the records to see what was going on.
Here is what happened:
The “Administrative” Excuse: The school tried to claim certain documents were just “administrative” so they could destroy them.
The Wrong Schedule: I knew where to find the Texas State Library and Archives Commission (TSLAC) retention schedules. These are the official rules that tell schools exactly how many years they must keep a document before throwing it away. I proved the school’s “rules” were plain wrong.
The Missing Evidence: The school eventually admitted they destroyed records that would have proven whether my daughter actually made errors or if they were just making it up.
In the legal world, destroying evidence during an active dispute is called spoliation. It is a very serious mistake for a school to make.
How to Use Your “Parent Toolkit”
If you feel like your school is not being honest, you have tools to fight back:
Check the “Retention Schedule”: Don’t just take the school’s word for it if they say a record is gone. Check the TSLAC website to see how long they were supposed to keep it.
Watch for New Laws: For example, Senate Bill 12 (2025) recently added rules about what kind of performances are allowed in front of minors on public property. Laws change every session, and they usually start on September 1st.
Ask in Writing: Use your right to an “Open Records Request”.
The Bottom Line: You have the right to know what is happening with your child. If the school tries to hide behind a “strict interpretation” of the law, remember that you are the primary partner in your child’s education, not just a spectator.
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When parents request information about their child through the Texas Public Information Act (TPIA), it’s important to understand that districts will often seek an opinion from the Office of the Attorney General (OAG). This can create delays, but it’s also part of the legal process.
What that looks like is the district asking the OAG whether certain records can be withheld under specific exceptions. While that process is pending, parents should know they still have a role.
Parents have the right to submit comments to the OAG explaining why the information should be released. The website can be difficult to navigate, but it is accessible, and those comments can matter.
It’s also important to recognize that the district’s submission may present the issue from its own perspective. For that reason, parents should take time to review applicable laws, understand their rights (including access to their child’s records), and provide their own written input.
There are strict deadlines in this process, so staying organized and responding within the required timeframes is critical.
Understanding the process ahead of time helps parents advocate more effectively and ensures their voice is part of the record.