Under the Family
Educational Rights and Privacy Act (FERPA), a parent has the right to request
that inaccurate or misleading information in his or her child’s education
records be amended. For example, if you feel that your child's evaluation isn't
correct and you have evidence to prove otherwise. While a school is not
required to amend education records in accordance with a parent’s request, the
school is required to consider the request. If the school decides not to amend
a record in accordance with a parent’s request, the school must inform the
parent of his or her right to a hearing on the matter. If, as a result of the
hearing, the school still decides not to amend the record, the parent has the
right to insert a statement in the record setting forth his or her views. That
statement must remain with the contested part of the student’s record for as
long as the record is maintained.
Parent's Request to
Change Records – What the Law Says
"Amendment
of Records at Parent’s Request 34 CFR § 300.618 and Tennessee Rules &
Regulations § 0520-01-09-.22
If you believe that information in the education records regarding your child
collected, maintained, or used under Part B of the IDEA is inaccurate,
misleading, or violates the privacy or other rights of your child, you may
request the participating agency that maintains the information to change the
information.
The school district, upon receiving a request from a parent pursuant to 34
C.F.R. § 300.618, shall decide, within ten (10) school days of its receipt of
the request, whether to amend the information as requested.
If the participating agency refuses to change the information in accordance
with your request, it must inform you of the refusal and advise you of the
right to a hearing for this purpose as described under the heading Opportunity
For a Hearing."
WHAT THIS MEANS: If you'd like to change
something on your child's record, you should notify the school (preferably in
writing) that you'd like to change it. Once the school receives your request,
they need to let you know within 10 school days whether or not they will change
it. If the school decides NOT to change it, then you have the right to a
hearing, and the school is responsible for letting you know that you have that
right.
Holding a Hearing –
What the Law Says
"Opportunity
for a Hearing 34 CFR §3 00.619
The participating agency must, on request, provide you an opportunity for a
hearing to challenge information in education records regarding your child to
ensure that it is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights of your child.
Hearing Procedures 34 CFR § 300.621
A hearing to challenge information in education records must be conducted
according to the procedures for such hearings under the Family Educational
Rights and Privacy Act (FERPA)."
WHAT THIS MEANS: FERPA is a Federal law
that protects the privacy of student education records. FERPA gives parents
certain rights with respect to their children's education records. If you
believe that your child's record has incorrect information (such as from an
evaluation) and you requested that the school change it, and they did not do
so, then you can request a hearing following the rules of FERPA. The school
should have notified you of your right to this hearing at the time they denied
your initial request to amend the records. To hold the hearing, you just
request (preferably in writing) that you would like to hold it.
Hearing Results –
What the Law Says
"If, as
a result of the hearing, the participating agency decides that the information
is inaccurate, misleading or otherwise in violation of the privacy or other
rights of the child, it must change the information accordingly and inform you
in writing.
If, as a
result of the hearing, the participating agency decides that the information is
not inaccurate, misleading, or otherwise in violation of the privacy or other
rights of your child, it must inform you of your right to place in the records
that it maintains on your child a statement commenting on the information or
providing any reasons you disagree with the decision of the participating
agency.
Such an
explanation placed in the records of your child must:
- be maintained by the participating agency as part of
the records of your child as long as the record or contested portion is
maintained by the participating agency; and
- if the participating agency discloses the records of
your child or the challenged portion to any party, the explanation must
also be disclosed to that party."
WHAT THIS MEANS: If, as a result of the hearing, the
school agrees to make the changes they will do so and notify you in writing. If
the school still decides not to amend the record, the parent has the right to
insert a statement in the record stating their views. That statement must
remain with the contested part of the student’s record for as long as the
record is maintained.
For more
information on FERPA and how to file a complaint if you feel your FERPA rights
have been violated, click here:
