STUDENTS

Amendment of Records – Right to Challenge and Hearing procedure

Parents and eligible students shall have an opportunity for a hearing to challenge the contents of school records, to ensure that the record is not inaccurate, misleading, or otherwise in violation of the privacy or the rights of the students and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Procedural Steps:

• A challenge shall be made by written application to the building principal.
• Within ten (10) days, or a time mutually agreed to, an informal hearing shall be held to determine the validity of the challenge.  1) The district shall provide a reasonable notification of the time, place, and date of hearing. 2) A hearing officer, appointed by the Superintendent, shall hear evidence relevant to the matter, including representative of appropriate professional discipline. Challenging parties shall be afforded a full fair opportunity to present evidence relevant to the issue raised and may be assisted by persons of their choice at their own expense. 3) Grades may be challenged only on the basis of accuracy in recording and not on the evaluation of performance.
• A written decision shall be rendered and entered into the record within five (5) school days after the hearing date.  1) The decision may include any educationally reasonable action with regard to the challenged portion of the record and my include a written summary of the evidence and reason for the decision. 2) The decision shall be based solely upon the evidence presented at the hearing and shall include a written summary of the evidence and reason for the decision.
• Should the challenging party be dissatisfied with the decision of the hearing officer, they may, within ten (10) school days, request in writing a review by the Superintendent.  1) Within ten (10) school days of the request for the review, the Superintendent shall sustain, modify, or overrule the decision of the hearing officer.  2)  Persons challenging the content of the student’s record shall be informed of the right to place a written response in the record.

No person with a direct interest in the outcome, or responsible for placing the challenged information in the record, may participate in the render of the decision.  If the Superintendent was originally responsible for placing the challenged information in the record, the Board shall designate another educational administrator to review the decision.

The parent or eligible student shall have the right to respond in writing to any information in the record and shall have their response become part of the record.  Such responses shall be disclosed to a party whenever the challenged or objectionable material is disclosed to that party.

• Cross Reference: Board Policy 501.08 Students—Legal Status; 503.06 Cumulative Folder
• Legal Reference: 20 U.S. C. § 1232g, 1415 (1988); 34 C.F.R. Pt. 99, 300.560--.574 (1993); Iowa Code §§ 22; 622.10 (1995); Iowa Code § 256B; 1980 Op. Att’y Gen. 720, 825; IAC 281.12.3(4)
• By action of the Board: 11/8/76; Revised 6/13/83; 11/12/90; 7/12/93; 2/7/94; Revised 3/12/01
• Edited 3/01

• Adopted 8/94
• Reviewed 5/96
• Revised 7/99, Revised 02/07