AUSTIN - Texas school districts may not withhold medical or health information about a minor child from the child’s parent or legal guardian, according to an opinion released by Attorney General Ken Paxton on Tuesday.
The request, submitted by Rep. Briscoe Cain, D-128, sought an expedited opinion on whether a school district, pursuant to Title IX, may withhold a minor’s medical or health information from the child’s parent or guardian.
In his request, Cain wrote “concerns” had been raised that school districts are "unlawfully withholding" medical information and that “the ideology that the government, not parents, knows what’s best for children,” had "infiltrated" Texas schools.
Paxton opined that 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.
He also opined that Title IX prohibits educational institutions from discriminating against students on the basis of sex, but that nothing in the text of Title IX 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.
“Encouraging a child to withhold information from the child’s parent is grounds for disciplinary action under the Education Code,” the opinion states. “Failing to work in partnership with parents in furtherance of the child’s education and to share requested information could subject the school district to additional legal challenges, civil liability, and financial loss.
“Thus, under both state and federal law, a school district may not withhold medical or health information about a minor child from the child’s parent or legal guardian.”
Opinion No. KP-0406