Obtaining School Records

The parent/legal guardian of a minor child has a legal right to review and obtain copies of their child’s special education records. The school cannot legally refuse to release copies of CIA’s, FIE’s, ARD reports, or IEP’s to the parent/legal guardian of a minor child.

Once a student has passed his/her 18th birthday, he/she is automatically considered to be a legally competent adult. In order to respect the consumer’s right to confidentiality, at the age of majority (18 years of age) the school can require the now legally-competent adult student to give written consent to release records, even to the consumer’s parent. Once the consumer reaches 18 years of age, the parent is no longer legally entitled to obtain school records, unless the parent has one of the following:

• Legal guardianship
• Written consent from their son or daughter to do so

The school must have written consent from the proper person in order to release records to Metrocare Services. The following people may give consent to the school to release information to Metrocare Services:

• The parent or guardian of a minor child (For consumers 18 years of age and older)
• The consumer himself or herself
• A consumer’s legal guardian

Anyone authorized to obtain school records must use a “consent to release information” form in order to have records released directly from the school to Metrocare Services. It makes no difference whether the form used is a Metrocare Services or school district form. Metrocare Services consent forms may be obtained from the Intake Specialist. School district consent forms may be obtained from the school or the school district’s main office.

Legal Guardian: It is important for parents and others who were given guardianship of minor children to understand that they are not automatically the legal guardians, even of their own child, once that child becomes an adult on the child’s 18th birthday. This is true regardless of how severely impaired their child may be. A legal guardian has legal authority to make certain decisions on behalf of the other person, whether that other person agrees with those decisions or not. Most people with mental retardation do not need legal guardians. However, for those who do, in order to be the legal guardian of anyone 18 years of age or older, a hearing must be held in a probate court to determine the extent to which the person who is said to need a guardian is capable of managing his/her own affairs. The court will then determine if that person needs a guardian and what decisions the guardian may make on behalf of that person. Guardianship must be renewed yearly with the issuing court. Once a person reaches his/her 18th birthday, only someone with power of attorney or a legal guardian may request the consumer’s school records. A power of attorney is not the same thing as a legal guardianship (see “Power of Attorney” below).

Previously, this evaluation was known as a CIA. Texas public schools changed the name from CIA to FIE several years ago. An FIE is an evaluation conducted by professionals in order to determine whether a student qualifies for special education services and to identify areas of strength and need. The FIE consists of evaluations in the following seven areas:

• Reason for referral
• Speech and language
• Physical
• Sociological
• Emotional
• Intelligence (IQ testing) and adaptive behavior
• Academic achievement

The FIE is conducted every three (3) years for special education students. The school may elect not to perform new testing every time an FIE is due. However, the parent may disagree and ask that new testing be performed.
Admission, Review, and Dismissal (ARD): A meeting involving school personnel, assessment professionals, the student, and the parents for purposes of educational placement, program planning, and to address other needs or difficulties the student has. An ARD report is written after the meeting and the student/parent receive a copy. ARD reports usually do not contain test results.

Admission, Review, and Dismissal (ARD): A meeting involving school personnel, assessment professionals, the student, and the parents for purposes of educational placement, program planning, and to address other needs or difficulties the student has. An ARD report is written after the meeting and the student/parent receive a copy. ARD reports usually do not contain test results.

A written educational program plan that spells out instructional goals and objectives and the criteria for mastery. The IEP is developed based on information supplied by the FIE and input from ARD committee members. The student and/or parents receive a copy of the IEP. An IEP usually does NOT contain test results.

The Texas Education Agency (TEA) requires the school to maintain copies of the student’s special education documents, including CIA’s, FIE’s, ARD reports and IEP’s in a file called a State Audit Folder. School personnel may have to go to the State Audit Folder to retrieve copies of older documents. Records in the State Audit Folder must be retained for five (5) years after a student graduates or leaves the school district.

The state agency that regulates the public school system in the State of Texas. Problems that cannot be resolved with the school or school district itself can be appealed to the TEA.