PROCEDURES FOR AMENDING EDUCATION RECORDS  
 
Authorities:  34 C.F.R. Parts 99 and 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
REQUEST TO AMEND


P The parent or eligible student may request the educational agency or institution to amend the student's education record if the parent or eligible student believes the education records relating to the student contain information that is: 99.20(a)
300.618(a)

P
  • Inaccurate;
99.20(a)
300.618(a)

P
  • Misleading; or
99.20(a)
300.618(a)

P
  • In violation of the student's rights of privacy.
99.20(a)
300.618(a)

P

Within a reasonable period of time after the agency or institution receives the request, the educational agency or institution must decide whether to amend the record as requested.

99.20(b)
300.618(b)

P If the educational agency or institution decides not to amend the record as requested, it must: 99.20(c)
300.618(c)

P
  • Inform the parent or eligible student of its decision; and
99.20(c)
300.618(c)

P
  • Advise the parent or eligible student of the right to a records hearing.
99.20(c)
300.619
300.618(c)

OPPORTUNITY FOR A RECORDS HEARING


P An educational agency or institution must give the parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is: 99.21(a)
300.619
300.618(c)

P
  • Inaccurate;
99.21(a)
300.619

P
  • Misleading; or
99.21(a)
300.619

P
  • Otherwise in violation of the privacy or other rights of the student.
99.21(a)
300.619

HEARING PROCEDURES


P The records hearing must meet, at a minimum, the following requirements: 99.22
300.621

P
  • Must be held within a reasonable time after the request for the hearing from the parent or eligible student has been received;
99.22(a)

D
  • The educational agency or institution must give the parent or eligible student the following notice of the hearing:
99.22(b)

D
    • Date;
99.22(b)

D
    • Time; and
99.22(b)

D
    • Place;
99.22(b)

P
  • The notice must be provided a reasonable amount of time prior to the hearing;
99.22(b)

P
  • The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have direct interest in the outcome of the hearing;
99.22(c)

P
  • The parent or eligible student must be given a full and fair opportunity to present evidence relevant to the issues:
99.22(d)

P
    • The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of the parent or eligible student's own choice, including an attorney; and
99.22(d)

D
  • Within a reasonable period of time, the educational agency or institution must make its decision in writing based solely on the evidence presented at the hearing, and must include:
99.22(e)
99.22(f)

D
    • A summary of the evidence; and
99.22(f)

D
    • The reasons for the decision.
99.22(f)

RESULT OF RECORDS HEARING


P If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it must: 99.21(b)(1)
300.620(a)

P
  • Amend the record accordingly; and
99.21(b)(1)(i)
300.622(a)
300.620(a)

D
  • Inform the parent or eligible student of the amendment in writing.
99.21(b)(1)(ii)
300.622(a)
300.620(a)

P If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it must inform the parent or eligible student of the right to place a statement in the record: 99.21(b)(2)
300.620(b)

P
  • Commenting on the contested information in the record;
99.21(b)(2)
300.620(b)

P
  • Setting forth the reasons for disagreeing with the decision of the agency or institution; or
99.21(b)(2)
300.620(b)

P
  • Both.
99.21(b)(2)
300.620(b)

P Any statement placed in the records of the student must: 99.21(c)
300.620(c)

P
  • Be maintained as part of the records of the student for as long as the record is maintained by the agency; and
99.21(c)(1)
300.620(c)(1)

P
  • Be disclosed whenever it discloses the portion of the record to which the statement relates.
99.21(c)(2)
300.620(c)(2)

 
 
Last Updated: Thursday, September 24, 2015