The custodial parent/guardian of any student may submit 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)
\n\nWhen 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)
\n\nWithin 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)
\n\nIf the parent/guardian's allegations are sustained, the Superintendent shall order the correction or removal and destruction of the information. (Education Code 49070)
\n\nIf the Superintendent denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the Board of Education. 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)
\n\nThe 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)
\n\nBoth the Superintendent and the Board have the option of appointing a hearing panel to assist in making the decision. The hearing panel 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)
\n\nThe 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)
\n\nAt 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)
\n\n\n", "contentText": "The custodial parent/guardian of any student may submit 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)\n\n- Inaccurate\n\n- An unsubstantiated personal conclusion or inference\n\n- A conclusion or inference outside of the observer's area of competence\n\n- Not based on the personal observation of a named person with the time and place of the observation noted\n\n- Misleading\n\n- In violation of the privacy or other rights of the student\n\nWhen 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)\n\nWithin 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)\n\nIf the parent/guardian's allegations are sustained, the Superintendent shall order the correction or removal and destruction of the information. (Education Code 49070)\n\nIf the Superintendent denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the Board of Education. 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)\n\nThe 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)\n\nBoth the Superintendent and the Board have the option of appointing a hearing panel to assist in making the decision. The hearing panel 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)\n\nThe 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)\n\nAt 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)", "footnotes": [ { "type": "State", "references": [ { "code": "Ed. Code 49061", "description": "Definitions; directory information", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49061." }, { "code": "Ed. Code 49063", "description": "Notification of parents/guardians of their rights", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49063." }, { "code": "Ed. Code 49066", "description": "Grades; change of grade; physical education grade", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49066." }, { "code": "Ed. Code 49070", "description": "Challenging student records", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49070." }, { "code": "Ed. Code 49071", "description": "Hearing panel", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49071." } ] }, { "type": "Federal", "references": [ { "code": "20 USC 1232g", "description": "Family Educational Rights and Privacy Act (FERPA) of 1974", "url": "https://uscode.house.gov/view.xhtml?req=(title:20%20section:1232g%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1232g)&f=treesort&edition=prelim&num=0&jumpTo=true" }, { "code": "20 USC 1681-1688", "description": "Title IX of the Education Amendments of 1972; discrimination based on sex", "url": "" }, { "code": "34 CFR 99.1-99.67", "description": "Family Educational Rights and Privacy", "url": "https://www.ecfr.gov/current/title-34/subtitle-A/part-99" }, { "code": "34 CFR 99.20-99.22", "description": "Procedures for amending educational records", "url": "https://www.ecfr.gov/current/title-34/subtitle-A/part-99/subpart-C" } ] }, { "type": "Management Resources", "references": [ { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "5020", "title": "Parent Rights And Responsibilities", "type": "AR" }, { "code": "5020", "title": "Parent Rights And Responsibilities", "type": "AR" }, { "code": "5121", "title": "Grades/Evaluation Of Student Achievement", "type": "AR" }, { "code": "5121", "title": "Grades/Evaluation Of Student Achievement", "type": "AR" }, { "code": "5123", "title": "Promotion/Acceleration/Retention", "type": "AR" }, { "code": "5123", "title": "Promotion/Acceleration/Retention", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.6", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "5145.6-E PDF(1)", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "9000", "title": "Role Of The Board", "type": "AR" } ], "attachments": [] }