AR 5125.3
Students
Challenging Student
Records
The custodial parent/guardian of any student may
submit to the Superintendent or designee a written request to correct or remove
from his/her child's records any information
concerning the child which he/she alleges to be any of the following: (Education Code 49070)
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 student
When a student grade is challenged, the teacher who
gave the grade shall be given an opportunity to state orally, in writing, or
both, the reasons for which the grade was given. Insofar as practicable, he/she shall be
included in all discussions related to any grade change. In the absence of clerical or mechanical
error, fraud, bad faith or incompetency, the
student's grade as determined by the teacher shall be final. (Education Code 49066)
Within 30 days of receiving a request to correct or
remove information from a record, the Superintendent or designee shall meet
with the parent/guardian and with the employee (if still employed) who recorded
the information in question. The
Superintendent shall then sustain or deny the allegations. (Education Code 49070)
If the parent/guardian's allegations are sustained,
the Superintendent shall order the correction or removal and destruction of the
information. (Education Code 49070)
If the Superintendent denies the allegations, the
parent/guardian may write within 30 days to appeal the decision to the
Governing Board. Within 30 days of
receiving the written appeal, the Board shall meet in closed session with the
parent/guardian and the employee (if still employed) who recorded the
information in question. The Board shall
then decide whether or not to sustain or deny the allegations. If it sustains any or all of the allegations,
the Superintendent shall immediately correct or remove and destroy the
information from the student's records.
(Education Code 49070)
The decision of the Board shall be final. If the decision of the Superintendent or
Board 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. (Education Code 49070)
Both the Superintendent and the Board have the option
of appointing a hearing panel to assist in making the decision. The hearing panel may be used at the
discretion of the Superintendent or the Board provided that the parent/guardian
consents to releasing record information to panel members. (Education
The right to challenge a record becomes the sole
right of the student when the student becomes 18 or attends a postsecondary
institution. (Education Code 49061)
At the beginning of each school year,
parents/guardians shall be notified of the availability of the above procedures
for challenging student records.
(Education Code 49063)
Legal Reference:
EDUCATION
CODE
49061 Definitions
49063 Notification
of parents of their rights
49066 Grades;
change of grade; physical education grade
49070 Challenging
content of records
49071 Hearing
panel
UNITED
STATES CODE, TITLE 20
1232g Family
Educational and Privacy Rights Act of 1974
Adopted:
Revised: