killeen isd denies access to educational records 6-27-12

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  • 7/31/2019 Killeen ISD Denies Access to Educational Records 6-27-12

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    June 27, 2012

    Killeen ISD Denies Parents Their Right to Review and Inspect Educational

    Records

    Killeen ISD administrators to include the Professional Standards Administrator in charge of overseeingthe Texas Public Information Act requests and compliance, and the district's Special Education

    Coordinator of Compliance have both denied parents their right to review and inspect educational

    records of their children on multiple occasions in violation of IDEA, TPIA, FERPA, and TEA Notice of

    Procedural Safeguards. Neither of these individuals have an education degree or background that

    would equip them to explain or interpret educational records.

    By denying parents access to educational records prior to scheduled meetings also denies the parents of

    meaningful participation in the decision-making process about their children's education. In so denying

    parents of their rights, the district representatives are also denying the parents the right to appropriate

    statements as are outlined in the Texas Public Information Act. The district is failing to provide

    adequate notice of cost estimates or alternatives and are using the fees for copies as a means of denyingthe parents the opportunity to review and inspect educational records or the opportunity to agree to

    payment or select a different option. Instead the parent are forced to pay a fee for copies without any

    other option being made available.

    The Texas Education Agency has found that the district has violated the parents' rights in relation to

    access to educational records multiple times in the past, but those rulings have no effect on the

    practices continually engaged in by the district. There is no subsequent enforcement or other actions

    taken as a result of the multiple instances of noncompliance on the same issues by the district.

    The charges are not consistent for all parents either. Parents who have filed for due process and/or filed

    complaints with the Office of Civil Rights, FERPA, or TEA complaints have been the targets of these

    excess charges. Parents are not even given the opportunity of knowing what they are paying for prior to

    being forced to pay the charges or being denied the records.

    Although these concerns have been voiced to the KISD Board of Trustees, the superintendent, the

    director of special education and other district administrative officials, the responses have been that the

    parents of these children are upset with the district and that justifies the denial of parental rights.

    This type of reasoning is not in compliance with the laws of the nation and the state and policy should

    be put in place by the district that addresses access to educational records as this "case by case" system

    of dealing with parents is discriminatory and retaliatory in these cases. The district is spending tens of

    thousands of dollars to pay attorneys to deny parents their rights at taxpayer expense, parents, and still

    are forcing the parents to pay unnecessarily for documents that have been scanned in the past andtransmitted to parents. Is this an effective or appropriate use of taxpayer funds or is it "taxpayer

    sponsored revenge"? Whatever it is needs to be terminated and hopefully the district will find a way to

    work with parents while complying with all state and national laws.

    https://www.oag.state.tx.us/AG_Publications/pdfs/publicinfo_hb.pdf

    http://framework.esc18.net/Documents/Procedural%20Safeguards_March%202012.pdf