topleft CSBA.org >  Services >  Governance Technology > 

La Canada USD |  AR  5125.3  Students

Challenging Student Records   

arrow Previous bar Next arrow

The custodial parent/guardian of any student may challenge the content of a Student Record by submitting to the Superintendent or designee a written request to correct or remove from his/her child's records any information concerning the child which he/she alleges to be any of the following: (Education Code 49070)

1. Inaccurate

2. An unsubstantiated personal conclusion or inference

3. A conclusion or inference outside of the observer's area of competence

4. Not based on the personal observation of a named person with the time and place of the observation noted

5. Misleading

6. In violation of the privacy or other rights of the student

(cf. 5121 - Grades/Evaluation of Student Achievement)

(cf. 5125 - Student Records)

This regulation applies only to a Student Record, as defined under the law, which is maintained in a manner intended to preserve or retain the record. A challenge under this regulation must be based on the content of the record itself. This procedure is not intended to be used to appeal a decision by a school administrator to recommend or impose student discipline, unless, the content of the record itself is subject to any of the 6 (six) grounds for challenging the record stated above. Due process rights relating to student discipline are governed by Education Code 48900 and following and BP/AR 5144.1.

When a student grade is challenged, the teacher who gave the grade shall be given an opportunity to state orally, in writing, or both, the reasons for which the grade was given. Insofar as practicable, he/she shall be included in all discussions related to any grade change. In the absence of clerical or mechanical error, fraud, bad faith or incompetency, the student's grade as determined by the teacher shall be final. (Education Code 49066)

Within 30 days of receiving a request to correct or remove information from a record, the Superintendent or designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The Superintendent shall then sustain or deny the allegations. (Education Code 49070)

If the parent/guardian's allegations are sustained, the Superintendent shall order the correction or removal and destruction of the information. (Education Code 49070)

If the Superintendent denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the Governing Board. However, the Governing Board shall not consider an appeal of a request to change a grade unless the Superintendent makes a written finding that the grade was the result of clerical or mechanical mistake, fraud, bad faith or incompetency. In the absence of such a written finding the decision of the Superintendent shall be final.

Within 30 days of receiving the written appeal, the Board shall meet in closed session with the parent/guardian and the employee (if still employed) who recorded the information in question. The Board shall then decide whether or not to sustain or deny the allegations. If it sustains any or all of the allegations, the Superintendent shall immediately correct or remove and destroy the information from the student's records. (Education Code 49070)

The decision of the Board shall be final. If the decision of the Superintendent or Board is unfavorable to the parent/guardian, the parent/guardian shall have the right to submit a written statement of objections. This statement shall become a part of the student's record. (Education Code 49070)

The Superintendent or the Board has the option of appointing a hearing panel to assist in making the decision. The hearing panel must be comprised in accordance with section 49071 and may be used at the discretion of the Superintendent or the Board provided that the parent/guardian consents to releasing record information to panel members. (Education Code 49070, 49071)

The right to challenge a record becomes the sole right of the student when the student becomes 18 or attends a postsecondary institution. (Education Code 49061)

At the beginning of each school year, parents/guardians shall be notified of the availability of the above procedures for challenging student records. (Education Code 49063)

(cf. 1312 - Complaints Concerning the Schools)

(cf. 5145.6 - Parental Notifications)

Legal Reference:

EDUCATION CODE

49061 Definitions

49063 Notification of parents of their rights

49066 Grades; change of grade; physical education grade

49070 Challenging content of records

49071 Hearing panel

UNITED STATES CODE, TITLE 20

1232g Family Educational and Privacy Rights Act of 1974

Administrative LA CANADA UNIFIED SCHOOL DISTRICT

approval: December 16, 2004 La Canada Flintridge, California