5125.2 - Challenging Student Records - Procedure

The parent/guardian of any student may submit to the County Superintendent of Schools or designee a written request to correct or remove from his/her child’s records any information concerning the student which he/she alleges to be:

1. Inaccurate.
2. An unsubstantiated personal conclusion or inference.
3. A conclusion or inference outside of the observer’s area of competence.
4. Not based on the personal observation of a named person with the time and place of the observation noted.
5. Misleading.
6. In violation of the privacy or other rights of the pupil.

Within 30 days of receiving the request, the County Superintendent of Schools’ designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The designee shall then sustain or deny the allegations. If the allegations are sustained the County Superintendent of Schools shall order the correction or removal and destruction of the information.

If the designee denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the County Superintendent of Schools. Within 30 days of receiving the written appeal, the County Superintendent of Schools shall meet in closed session with the parent/guardian and the employee (if still employed) who recorded the information in question. The County Superintendent of Schools shall then decide whether or not to sustain or deny the allegations. If the decision is to sustain any or all of the allegations, the designee shall immediately correct or remove and destroy the information from the student’s records.

The decision of the County Superintendent of Schools shall be final. If the decision is unfavorable to the parent/guardian, the parent/guardian shall have the right to submit a written statement of objections. This statement shall become a part of the student’s record until such time as the information in question is removed.

The County Superintendent of Schools has the option of appointing a hearing panel to assist in making the decision. The hearing panel may be used at the discretion of the County Superintendent of Schools provided that the parent/guardian consents to releasing record information to panel members.

The right to challenge becomes the sole right of the student when the student becomes 18 or attends a post secondary institution.

At the beginning of each school year, or enrollment, parents/guardians shall be notified of the availability of the above procedures for challenging student records.

Approved: May 24, 1994
Revised: December 3, 2002