Request to Amend Records
The parent of a student or an eligible student who believes that information in a record collected, maintained or otherwise used by the District and pertaining to the student is inaccurate or misleading or violates the privacy or other rights of the student, may request that the District amend the record. Such requests shall be made in writing to the Superintendent.
(cf. 5128 Alaska Performance Scholarship Program)
(cf. 5144 Discipline)
(cf. 5144.1 Suspension & Expulsion)
(cf. 5121 Assessment/Evaluation of Student Achievement)
The Superintendent shall, within a reasonable period of time following such a request, decide whether to amend the record and shall inform the parent or the eligible student in writing of its decision. If the District decides not to amend the record, it shall advise the parent or eligible student of the right to a hearing to challenge the District's decision.
Request for a Hearing
If the District refuses to amend a student record after an appropriate written request is made by the parent or eligible student, the parent of the student or the eligible student may request a hearing.
Requests for a hearing shall be made within ten (10) days after notice of the District's decision is delivered to the parent or eligible student. The request for a hearing must be in writing, and shall be made to the Superintendent.
Conduct of the Hearing
Hearings to challenge a District refusal to amend information pertaining to a student which is contained in a record collected, maintained or otherwise used by the District, shall be conducted before a hearing officer in accordance with the regulations established by the Alaska Department of Education.
Remedies
If, after hearing, the hearing officer determines that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District shall amend the record.
If the decision of the hearing officer is that the information contained in the record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District shall so inform the parent or eligible student. The hearing officer's decision shall be final. However, the parent or eligible student may place a statement in the record commenting on the information in dispute, or describing why the parent or eligible student disagrees with the hearing officer's decision. This statement shall be accompanied by copy of the hearing officer's written decision, and shall be maintained with the record as long as the District maintains the contested portion of the record. If the District discloses the record, or the contested portion of the record to any person, the statement also must be disclosed.
Legal Reference:
ALASKA STATUTES:
AS 14.30.193 Due process hearing
AS 14.30.272 Procedural safeguards
AS 14.30.335 Eligibility for Federal funds
ALASKA REGULATIONS:
4 AAC 52.520 Parental request for amendment of records
4 AAC 52.550 Due process hearing
FEDERAL STATUTUES
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C. 1232 g
FEDERAL REGULATIONS
34 cfr 99.20-22