WAC 72-280-030   Education records -- Amendment.  (1)(a) A parent (or eligible student) who believes that information contained in the education record is inaccurate, misleading, or violates the privacy or other rights of the student, may request the school to amend the information.

     (b) The right to challenge, under this chapter, shall not be used to contest grades which are correctly recorded.

     (2) The school shall decide whether to amend the record as requested within a reasonable time after receipt of the request.

     (3) If the school decides not to amend the record as requested, it shall inform the parent (or eligible student) of the decision and of the right to a brief adjudicative proceeding under WAC 72-108-100.

     (4) The school shall, on request, provide an opportunity for a brief adjudicative proceeding to challenge information in the education record on the grounds provided for in subsection (1) of this section.

     (5) For the purpose of this chapter:

     (a) The decision of the brief adjudicative proceeding must be based solely on the evidence presented at the brief adjudicative proceeding and must include a summary of the evidence and the reasons for the decision.

     (b) The parent (or eligible student) may, at their own expense, be assisted or represented by one or more individuals of his or her choice, including an attorney. Where the parent (or eligible student) is represented by an attorney, the school may be represented by an assistant attorney general.

     (6) If, as a result of the brief adjudicative proceeding, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent (or eligible student) in writing.

     (7) If, as a result of the brief adjudicative proceeding, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent (or eligible student) of the right to place in the records it maintains on the student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the school, (or both).

     (8) Any explanation placed in the records of the student under this section must:

     (a) Be maintained by the school as part of the records of the student as long as the record or contested portion is maintained by the school; and

     (b) Be included with any disclosure of the record or contested portion to which the explanation relates.



[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). 90-16-010, § 72-280-030, filed 7/19/90, effective 8/19/90.]