Month: June 2016

Requesting Education Records – FERPA

If you are working on your child’s IEP and records binder this summer, make a list of the records you are missing from school. Parents can the right to INSPECT AND REVIEW their child’s education records. Special Education students, including services provided to students under Individuals with Disabilities Education Act (IDEA).

Public schools and school districts receive funds under programs administered by the U.S. Dept. of Education. FERPA is Family Educational Rights and Privacy Act (20 U.S.C. Sec 1232g, 34 CFR Part 99) that applies to the above-described educational agencies and institutions.

There are areas of confusion regarding the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
Is your child’s school is a covered entity?
Are the health records “education records” or “treatment records” and what is considered “protected health information” under HIPAA?

If you are running into problems accessing your child’s records, call my office.

Guardianship of an Adult Disabled Child

Is your child nearing his or her 18th birthday? What does this mean for them and what does this mean for you?

The State of Texas recognizes your child as an adult when you child turns 18 years old.  He or she can enter into contracts and attend ARDs alone.  You as the parent will lose your status as the natural guardian of your child and lose the right to be noticed for your child’s school ARD meetings.  You may be excused from your child’s doctor’s exam room.

If your child’s capacity level is such that a Power of Attorney is not an acceptable option, look into Guardianship. Guardianship of the Person can offer you legal rights to protect your child.

Attached is the Harris County Clerk’s filing fee schedule for costs Fee Schedule for a list of court costs. Note there are ad litem and attorney fees to consider.

The Texas Department of Aging and Disability Services (DADS) offers a handbook on Guardianship – Guardianship Brochure.

Feel free to contact me for more information on planning for your child’s future.