WAC 148-280-030   Education records -- Amendment.  (1)(a) A parent (or adult 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) A parent (or adult student) shall not be permitted under this chapter to challenge the validity of grades which are accurately 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 to deny the request, it shall inform the parent (or adult student) of the decision and of the right to a hearing. The hearing shall be a brief adjudicative proceeding.

     (4) The school will conduct a hearing within a reasonable time after it has received the request for a hearing.

     (a) Notice of the date, time and place shall be provided reasonably in advance of the hearing.

     (b) The hearing will be conducted by a hearing officer who is a disinterested party. This hearing officer may be a school official. The parent (or adult student) shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend an education record. The parent (or adult student) may, at their own expense, be assisted at the hearing by one or more individuals, including an attorney.

     (c) The hearing officer will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.

     (5) If, as a result of the hearing, 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 adult student) in writing.

     (6) If, as a result of the hearing, 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 adult student) of the right to place in the record a statement commenting on the challenged information and/or a statement of the parent's (or adult student's) reasons for disagreeing with the decision of the school.

     (7) 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 72.40.011. 03-20-014, § 148-280-030, filed 9/22/03, effective 10/23/03. Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1232(g), 1412 (2)(D), 1414 (a)(1)(B) and 1417(c). 90-16-018, § 148-280-030, filed 7/19/90, effective 8/19/90.]