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Lodi Unified School District

Policy 5125.3 - Challenging Student Records

Series: 5000 - Students

Policy: 5125.3 - Challenging Student Records

Rule Approved: 08/15/2017 

Last Revised: N/A

Download Rule 5125.3 - Challenging Student Records PDF (English)

Rule 5125.3

Challenging Student Records
 

Students

At the beginning of each school year or, for a student enrolled after the beginning of the school year, at the time of enrollment, parents/guardians shall be notified of the availability of the following procedures for challenging the contents of student records. Any student who is 18 years of age or attends a postsecondary institution shall have the sole right to challenge the contents of his/her record in accordance with the following procedures.

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:

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
 

Within 30 days of receiving a request to correct or remove any information from a record, the Superintendent or designee shall meet with the parent/guardian and the district employee who recorded that information if he/she is presently employed by the district.

If the challenge involves a student’s grade, the teacher who gave the grade shall be given an opportunity to state, orally and/or in writing, the reasons for which the grade was given. Insofar as practicable, the teacher shall be included in all discussions related to any grade change. In the absences of clerical or mechanical error, fraud, bad faith, or incompetency, a student’s grade as determined by the teacher shall be final.


Resolution of Challenge/Appeals

After considering all relevant information, the Superintendent or designee shall sustain or deny the parent/guardian’s allegations.

If the parent/guardian’s allegations are sustained, the Superintendent or designee shall order the correction or removal and destruction of the information.

If the Superintendent or designee denies the allegations, the parent/guardian may, within 30 days, appeal the decision in writing 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 district employee who recorded the information, if he/she is presently employed by the district. The Board shall then decide whether to sustain or deny the allegations. The decision of the Board shall be final.

If the Board sustains any or all of the allegations, the Superintendent or designee shall immediately order the correction or removal and destruction of the pertinent information from the student’s records and shall inform the parent/guardian in writing that the information has been corrected or destroyed.

If the parent/guardian does not file an appeal, or if the appeal is denied by the Board, the parent/guardian shall be informed of his/her right to submit a written objection to the information. Any statement submitted by the parent/guardian shall be maintained with the contested part of the record for as long as the record is maintained and shall be disclosed whenever the related part of the record is disclosed.

Legal References

EDUCATION CODE
49061 Definitions
49063 Notification of parents of their rights
49066 Grades; change of grade; physical education grade
49070 Challenging content of records
 
UNITED STATES CODE, TITLE 20
1232g Family Educational and Privacy rights Act
1681-1688 Title IX of the Education Amendments of 1972
 
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1 – 99.67 Family Educational rights and Privacy, especially:
99.20-99.22 Procedures for amending educational records