Student Record Challenges
Student Record Challenges
Parents/guardians have the right to a hearing to challenge the accuracy, relevancy, or propriety of any entry in their student’s school records, exclusive of academic grades and references to expulsions or out-of-school suspensions, if the challenge is made at the time the student’s school student records are forwarded to another school to which the student is transferring. A request for a hearing should be submitted to the Superintendent and shall contain notice of the specific entry or entries to be challenged and the basis of the challenge. The following procedures apply to a challenge:
- The Superintendent or designee will invite the parent(s)/guardian(s) to an initial informal conference, within 15 school days of receipt of the written request for a hearing.
- If the challenge is not resolved by the informal conference formal procedures shall be initiated. The Superintendent will appoint a hearing officer, who is not employed in the attendance center in which the student is enrolled.
- The hearing officer will conduct a hearing within a reasonable time, but no later than 15 days after the informal conference unless an extension of time is agreed upon by the parent(s)/guardian(s) and school officials. The hearing officer will notify parents and school officials of the time and place of the hearing.
- At the hearing, each party has the right to:
- Present evidence and to call witnesses;
- Cross-examine witnesses;
- A written statement of any decision and the reasons therefore; and
- Appeal an adverse decision to an administrative tribunal or official to be established or designated by the State Board.
- A verbatim record of the hearing will be made by a tape recorder or a court reporter. A typewritten transcript may be prepared by either party in the event of an appeal of the hearing officer’s decision. However, a typewritten transcript is not required in an appeal.
- The written decision of the hearing officer shall no later than 10 school days after the conclusion of the hearing, be transmitted to the parent(s)/guardian(s) and the School District. It must be based solely on the information presented at the hearing and must be one of the following:
- To retain the challenged contents of the student record;
- To remove the challenged contents of the student record; or
- To change, clarify or add to the challenged contents of the student record.
- Any party will have the right to appeal the hearing officer’s decision to the Regional Superintendent within 20 school days after the decision is transmitted to the parties. If the parent(s)/guardian(s) appeals, shall so inform the District within 10 school days, the District will forward a transcript of the hearing, a copy of the record entry in question and any other pertinent materials to the Regional Superintendent. The District may initiate an appeal by the same procedure.
- The final decision of the Regional Superintendent may be appealed to the circuit court of the county in which the District is located.
- The parent(s)/guardian(s) may insert a written statement of reasonable length describing their position on disputed information. The District will include a copy of the statement in any release of the information in dispute.