KP-0406

Chapter 26 of the Education Code expressly provides that parents are entitled to the health information of their child, and the Family Educational Rights and Privacy Act grants parents the right to inspect and review the education records of their children, including health information. Parents possess a fundamental right to make decisions concerning the care, custody, and control of their child, and school districts and officials must work in partnership with parents in furtherance of the child’s education. Failing to work with parents and provide requested information about a student could subject the school district to legal challenges, civil liability, and financial loss. Title IX prohibits educational institutions from discriminating against students on the basis of sex. Nothing in the text of Title IX, nor in the regulations adopted pursuant to that federal statute, discusses parental access to information or authorizes a school district to withhold medical or health information about a minor child from the child’s parent or legal guardian.