Texas Public Information Request

Texas Public Information Request

Parents Name
Address
City, State, Zip
Phone Number

____(date), 2012

Dr. ___ ____- Superintendent
____ Independent School District
Street
City, TX.

Re: ___(date)__, 2012 – Texas Public Information Request ? Student (child?s full name)

Dear (Superintendent):

This letter is to serve as formal notification that (School District Name) Independent School District (_ISD) has failed to provide me access to all the documents in my child?s education records as well as responsive documents to my Texas Public Information Act (TPIA) request originally submitted ______, 2012. I understand that you are the designated agent for the purpose of compliance with the Texas Public Information Act, for the __ISD. I am alleging that the __ISD is out of compliance with the TPIA in their refusal to release responsive documents within the timeframes identified in the Act.

I require time to review these documents prior to ARD meetings in order to allow for my meaningful participation.

The Procedural Safeguards of the Individuals Disability Education Act (IDEA) guarantees my access to (child?s name) educational records in a reasonable amount of time (5 days per the TEA) prior to these meetings. The school district?s noncompliance with the TPIA and state regulations, in addition to the federal laws governing FERPA and IDEA, has denied my ability to participate in a meaningful manner in ARD meetings resulting in harm to (child?s name).

Since I continue to have problems accessing all the documents responsive to my open records request, I am asking for your written assurance that I will receive ?all? of the information I have requested. If I have solicited documents the district no longer maintains, please provide a statement that reflects this status. Further, I am requesting that you provide me documentation indicating what records exist for my daughter and where they are maintained.

Enclosed is a copy of the procedural history of my records request that details the issues I am alleging.

I would appreciate your immediate assistance in resolving what I view as a serious problem. __ISD is a recipient of federal assistance, and as Superintendent of this district you have the authority to investigate and have the authority to correct the wrong when you investigate.

If you have questions or the need to clarify any of the points set forth in this correspondence, please don’t hesitate to contact me in writing.

Thank you in advance for taking the time to review these problems I have documented in a manner that will allow for corrective action to take place.

I understand that the District’s continuing hostility and noncompliance with the above stated laws are matters that can be investigated by state and federal agencies via a more formal complaint process. It is my continued hope and intent however, to work together with the district in hopes that we can develop an education plan for (child?s name) that appropriately addresses her specific areas of educational need.

Sincerely,

Jimmy Kilpatrick, a national recognized professional special education advocate since 1994.

Posted in Advocating for Your Child

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