72-280-030 - Amend-ment of records-Hearing on request to amend records
72-280-030. Amend-ment of records-Hearing on request to amend records
(a) A parent (or eligible student) who believes that information contained in the education record is inaccurate, misleading, or violates the privacy or other rights of the student, may request the school to amend the information.
(b) A parent (or eligible student) shall not be permitted under this chapter to challenge the validity of grades or other evaluations which are accurately recorded.
(2) The school shall decide whether to amend the record as requested within a reasonable time after receipt of the request.
(3) If the school decides not to amend the record as requested, it shall inform the parent (or eligible student) of the decision and of the right to a hearing.
(4) The school will conduct a hearing within a reasonable time after it has received the request for a hearing.
(a) Notice of the date, time and place shall be provided reasonably in advance of the hearing.
(b) The hearing may be conducted by any party, including an official of the school, who does not have a direct interest in the outcome of the hearing. The parent (or eligible student) shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend an education record. The parent (or eligible student) may, at their own expense, be assisted or represented at the hearing by one or more individuals, including an attorney.
(c) The school will provide a written decision within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely upon the evidence presented at the hearing and include a summary of the evidence presented and the reasons for the decision.
(5) If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent (or eligible student) in writing.
(6) If, as a result of the hearing, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent (or eligible student) of the right to place in the records it maintains on the student a statement commenting on the challenged information or setting forth any reasons for disagreeing with the decision of the school.
(7) Any explanation placed in the records of the student under this section must:
(a) Be maintained by the school as part of the records of the student as long as the record or contested portion is maintained by the school; and
(b) Be included with any disclosure of the record or contested portion to which the explanation relates.(Amended by WSR 16-13-068, Filed 6/13/2016, effective 7/14/2016)
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