EDGAR Part 99 Subpart C (What Are the Procedures for Amending Education Records?)
Subpart C_What Are the Procedures for Amending Education Records?
Sec. 99.20 How can a parent or eligible student request amendment of
the student's education records?
(a) If a parent or eligible student believes the education records
relating to the student contain information that is inaccurate,
misleading, or in violation of the student's rights of privacy, he or
she may ask the educational agency or institution to amend the record.
(b) The educational agency or institution shall decide whether to
amend the record as requested within a reasonable time after the agency
or institution receives the request.
(c) If the educational agency or institution decides not to amend
the record as requested, it shall inform the parent or eligible student
of its decision and of his or her right to a hearing under Sec. 99.21.
(Authority: 20 U.S.C. 1232g(a)(2))
[53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61
FR 59296, Nov. 21, 1996]
Sec. 99.21 Under what conditions does a parent or eligible student
have the right to a hearing?
(a) An educational agency or institution shall give a 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 inaccurate,
misleading, or in violation of the privacy rights of the student.
(b)(1) 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 rights of the student, it shall:
(i) Amend the record accordingly; and
(ii) Inform the parent or eligible student of the amendment in
writing.
(2) 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 rights
of the student, it shall inform the parent or eligible student of the
right to place a statement in the record commenting on the contested
information in the record or stating why he or she disagrees with the
decision of the agency or institution, or both.
(c) If an educational agency or institution places a statement in
the education records of a student under paragraph (b)(2) of this
section, the agency or institution shall:
(1) Maintain the statement with the contested part of the record for
as long as the record is maintained; and
(2) Disclose the statement whenever it discloses the portion of the
record to which the statement relates.
(Authority: 20 U.S.C. 1232g(a)(2))
[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]
Sec. 99.22 What minimum requirements exist for the conduct of a
hearing?
The hearing required by Sec. 99.21 must meet, at a minimum, the
following requirements:
(a) The educational agency or institution shall hold the hearing
within a reasonable time after it has received the request for the
hearing from the parent or eligible student.
(b) The educational agency or institution shall give the parent or
eligible student notice of the date, time, and place, reasonably in
advance of the hearing.
(c) The hearing may be conducted by any individual, including an
official of the educational agency or institution, who does
not have a direct interest in the outcome of the hearing.
(d) The educational agency or institution shall give the parent or
eligible student a full and fair opportunity to present evidence
relevant to the issues raised under Sec. 99.21. The parent or eligible
student may, at their own expense, be assisted or represented by one or
more individuals of his or her own choice, including an attorney.
(e) The educational agency or institution shall make its decision in
writing within a reasonable period of time after the hearing.
(f) The decision must be based solely on the evidence presented at
the hearing, and must include a summary of the evidence and the reasons
for the decision.
(Authority: 20 U.S.C. 1232g(a)(2))
EDGAR version June 23, 2005
