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