Wash. Admin. Code § 392-172A-05215 - Amendment of records and hearing rights
(1) A parent of a student who believes that
information in educational records collected, maintained, or used under this
chapter is inaccurate or misleading or violates the privacy or other rights of
the student may request that the school district which maintains the
information amend the information.
(2) The school district shall decide whether
to amend the information in accordance with the request within a reasonable
period of time after receipt of the request.
(3) If the school district refuses to amend
the information in accordance with the request, it shall inform the parent of
the refusal and advise the parent of the right to a hearing, conducted by the
school district, in accordance with school district procedures.
(4) The school district, on request, shall
provide the parent an opportunity for a hearing to challenge information, in
the educational records, to insure that it is not inaccurate, misleading, or
otherwise in violation of the privacy or other rights of the student.
(5) If, as a result of the hearing, the
school district decides that the information is inaccurate, misleading, or
otherwise in violation of the privacy or other rights of the student, the
agency shall amend the information accordingly and so inform the parent in
writing.
(6) If, as a result of the
hearing, the school district decides that the information is not inaccurate,
misleading or otherwise in violation of the privacy or other rights of the
student, the agency shall inform the parents of the right to place a statement
commenting on the information or setting forth any reasons for disagreeing with
the decision of the school district in the records it maintains on the
student.
(7) Any explanation placed
in the records of the student in compliance with this section shall:
(a) Be maintained by the school district as
part of the records of the student as long as the records or the contested
portion is maintained by the educational agency; and
(b) Be disclosed to any party to whom the
records of the student (or the contested portion thereof) are
disclosed.
Notes
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05215, filed 6/29/07, effective 7/30/07.
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