05/22/2026
Does a parent have an unrestricted right of access to the school counseling records of his or her minor child?
Texas Attorney General Opinion No. JC-0538 states the following: Generally, all student records are available to parents. Only under very narrow and unusual circumstances may a minor child’s school counseling records be withheld from a parent. Under the Federal Family Educational and Privacy Rights Act, a public school may withhold a minor child’s counseling records from a parent only if the records are kept in the sole possession of the counselor, are used only as the counselor’s personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the counselor. Within this circumscribed category, state law permits the counselor to withhold a minor child’s records only if the counselor is a “professional,” as defined in section 611 .001(2) of the Health and Safety Code, and further, if the counselor “determines that release” of such record “would be harmful to the patient’s physical, mental, or emotional health.” If the counselor does not fall within the category of licensed professional under section 611 .001(2) of the Health and Safety Code, section 26.004 of the Education Code prevails, and the parent “is entitled to access to all written records” of the school district “concerning the parent’s child, including . . . counseling records.”
