1. Make a written request
You can ask your child’s school to change an educational record if it is inaccurate, misleading, or in violation of the student's privacy rights. If the school will not change the record, you must submit a written request for a hearing to the school. Your written request must identify which part of the record you disagree with and why. Within 15 school days of receiving your request, the school must meet with you to try to resolve the matter.
2. Wait for a response
If the school decides not to change the record as you asked, it must tell you its decision and inform you of your right to a hearing. The school must give you notice of the date, time and place of the hearing. This notice must be given a reasonable amount of time before the hearing.
3. Go to the hearing, if necessary
The hearing will be held before a hearing officer appointed by the school. The hearing officer can’t work in the same school that the student attends. At the hearing, you have the right to be represented by a lawyer or other counsel, and you have the right to present evidence, call witnesses and to cross-examine the school's witnesses. The hearing must be recorded or transcribed by a court reporter.
4. Wait for the written decision
Within 10 school days of the hearing, the hearing officer must make a written decision. The decision must be based only on the information presented at the hearing. The decision will do one of the following:
- Keep the contested parts of the student record;
- Remove the contested parts of the student record; or
- Change, clarify or add to the challenged contents of the student record.
If the school decides there is no reason to change the student record, it must tell you of your right to add a comment on the contested information in the record or write why you disagree with the decision of the school. Your statement must be kept as part of the record for as long as the record is maintained. If the record is ever shared, your statement must be included with it.
Appealing to the regional superintendent
If you disagree with the hearing officer's decision, you may appeal to the Regional Superintendent of Schools. This request should be in writing, and must be made no later than 20 school days after the date of the hearing decision. The school has this same right to appeal if they disagree with the decision.
The regional superintendent will review the transcript of the hearing and the disputed student record. If the appeal involves special education records, the regional superintendent should get advice from special education personnel who have expertise in the matter. The regional superintendent can’t speak with the school staff who placed the disputed information in the record.
The regional superintendent should issue a written decision within 20 school days of receiving the appeal. The school is required to comply with the regional superintendent's decision.
If the disputed information in the student record is not removed, you are entitled to add a written statement to the record which explains why the information is wrong or misleading. Whenever the disputed part of the record is disclosed to other persons, the school must also give them a copy of your written statement.