PROCEDURES FOR AMENDING EDUCATION RECORDS

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PROCEDURES FOR AMENDING EDUCATION RECORDS

Authorities:  34 CFR Parts 99 and 300

 
 
 
  FEDERAL AND STATE REQUIREMENTS
 
REQUEST TO AMEND
Practice
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: Citations:
99.20(a)
300.618(a)
Practice
  • Inaccurate;
 Citations:
99.20(a)
300.618(a)
Practice
  • Misleading; or
 Citations:
99.20(a)
300.618(a)
Practice
  • In violation of the student's rights of privacy.
 Citations:
99.20(a)
300.618(a)
Practice

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.

 Citations:
99.20(b)
300.618(b)
Practice
If the educational agency or institution decides not to amend the record as requested, it must: Citations:
99.20(c)
300.618(c)
Practice
  • Inform the parent or eligible student of its decision; and
 Citations:
99.20(c)
300.618(c)
Practice
  • Advise the parent or eligible student of the right to a records hearing.
 Citations:
99.20(c)
300.619
300.618(c)
 
OPPORTUNITY FOR A RECORDS HEARING
Practice
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: Citations:
99.21(a)
300.619
300.618(c)
Practice
  • Inaccurate;
 Citations:
99.21(a)
300.619
Practice
  • Misleading; or
 Citations:
99.21(a)
300.619
Practice
  • Otherwise in violation of the privacy or other rights of the student.
 Citations:
99.21(a)
300.619
 
HEARING PROCEDURES
Practice
The records hearing must meet, at a minimum, the following requirements: Citations:
99.22
300.621
Practice
  • Must be held within a reasonable time after the request for the hearing from the parent or eligible student has been received;
 Citations:
99.22(a)
Document
  • The educational agency or institution must give the parent or eligible student the following notice of the hearing:
 Citations:
99.22(b)
Document
    • Date;
 Citations:
99.22(b)
Document
    • Time; and
 Citations:
99.22(b)
Document
    • Place;
 Citations:
99.22(b)
Practice
  • The notice must be provided a reasonable amount of time prior to the hearing;
 Citations:
99.22(b)
Practice
  • 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;
 Citations:
99.22(c)
Practice
  • The parent or eligible student must be given a full and fair opportunity to present evidence relevant to the issues:
 Citations:
99.22(d)
Practice
    • 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
 Citations:
99.22(d)
Document
  • 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:
Citations:
99.22(e)
99.22(f)
Document
    • A summary of the evidence; and
 Citations:
99.22(f)
Document
    • The reasons for the decision.
 Citations:
99.22(f)
 
RESULT OF RECORDS HEARING
Practice
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: Citations:
99.21(b)(1)
300.620(a)
Practice
  • Amend the record accordingly; and
 Citations:
99.21(b)(1)(i)
300.622(a)
300.620(a)
Document
  • Inform the parent or eligible student of the amendment in writing.
 Citations:
99.21(b)(1)(ii)
300.622(a)
300.620(a)
Practice
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: Citations:
99.21(b)(2)
300.620(b)
Practice
  • Commenting on the contested information in the record;
Citations:
99.21(b)(2)
300.620(b)
Practice
  • Setting forth the reasons for disagreeing with the decision of the agency or institution; or
 Citations:
99.21(b)(2)
300.620(b)
Practice
  • Both.
 Citations:
99.21(b)(2)
300.620(b)
Practice
Any statement placed in the records of the student must: Citations:
99.21(c)
300.620(c)
Practice
  • Be maintained as part of the records of the student for as long as the record is maintained by the agency; and
 Citations:
99.21(c)(1)
300.620(c)(1)
Practice
  • Be disclosed whenever it discloses the portion of the record to which the statement relates.
 Citations:
99.21(c)(2)
300.620(c)(2)
  Last Updated : Tue, Apr 04, 2023