Regulation 5340-2

Student Records

Amendment to Student Records

Reviewed and affirmed by the Board
Last Revision
Original publish date: 05/25/2010
Related policies & regulations:  
Legal references:  Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. ยง 1232g; 34 CFR Part 99), 79-2,104, 79-2,105

 

Parents/guardians of students or eligible students have a right to request amendments to any part of the student’s record they believe is incorrect, inaccurate, misleading or in violation of student rights.


A process to review and amend a student record is established. The District may make a decision to comply with the request for change at any level in the following procedure.


First Level Decision: When a parent/guardian of a student or an eligible student finds an item in the student’s record which he/she believes is inaccurate, misleading or in violation of student rights, he/she should ask the principal to correct it. If the record is incorrect because of an obvious error and it is a simple matter to make the record change at this level, the principal will make the correction. If the record is changed at this level, the method and result must satisfy the parent/guardian.


If the principal cannot change the records to the parent’s/guardian’s satisfaction or the record does not appear to be obviously incorrect, the principal will, within two weeks:

  1. Provide the parent/guardian a copy of the questioned record at no cost,
  2. Ask the parent/guardian to submit a written request for the change, and
  3. Follow the procedure for a second-level decision.


Second Level Decision: The written request to correct a student’s record through the procedure at this level should specify the correction the parent/guardian wishes the District to make. It should identify the item the parent/guardian believes is incorrect and state why he or she believes the item:

  1. Is inaccurate,
  2. Is misleading, or
  3. Violates student rights.

The request will be dated and signed by the parents/guardians.

Within two weeks after the principal receives a written request, he or she will:

  1. Discuss it with appropriate school personnel,
  2. Make a decision to comply or decline to comply with the request, and
  3. Notify the parent/guardian or move the request to the next level for a decision.

If, as a result of this review, the principal decides the record should be corrected, the principal will make the change and notify the parent/guardian in writing that the change has been made. The notice will include an invitation for the parent/guardian to review the student’s record to make certain the record is in order and the correction is satisfactory.

If the principal decides the record is correct, the principal will make a written summary of any discussions with other officials and of the findings. A summary of the written request will be sent to the director of student services.


Third Level Decision: The director of student services will review the material provided by the principal and, if necessary, discuss the matter with other officials such as the school attorney. A decision will be made concerning the request. This procedure should be completed within two weeks. If it will take longer, the director will notify the parent/guardian in writing of the reasons for the delay and a date when the decision will be made.

If the director decides the record should be changed, the principal will be advised to make the changes. The principal will advise the parent/guardian of the change the same as if the change had been made at the second level.

If the director decides the record is correct, a letter will be sent to the parent/guardian which will include:

  1. The School District’s decision that the record is correct and the basis for the decision,
  2. A notice to the parent/guardian that he or she has a right to ask for a hearing to present evidence that the record is incorrect and that the District will grant such a hearing.
  3. Instructions for the parent/guardian to contact the director to discuss the arrangements for the hearing, and
  4. Advise that the parent/guardian may be represented or assisted in the hearing by other parties, including an attorney at the parent’s/guardian’s expense.


Fourth Level Decision: After the parent/guardian has submitted a written request for a hearing, the Superintendent will, within a week, notify the parent/guardian when and where the District will hold the hearing and who it has designated as the hearing officer.

At the hearing, the hearing officer will provide the parent/guardian a full and reasonable opportunity to present evidence and testimony to demonstrate that the questioned part of the student’s record is incorrect as shown in the parent’s/guardian’s written request for a change in the record.

Within one week after the hearing, the hearing officer will submit to the Superintendent a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit recommendations, based on the evidence presented at the hearing, that the record should be changed or remain unchanged.

The Superintendent will prepare the District’s decision within two weeks after the hearing. That decision will be based on the summary of the evidence presented at the hearing and the hearing officer’s recommendation. The Superintendent may overrule the hearing officer if it is believed the hearing officer’s recommendation is not consistent with the evidence presented. As a result of the District’s decision, the Superintendent will take one of the following actions:

  1. If the decision is that the District will change the record, the Superintendent will instruct the principal to correct the record.  The principal will correct the record and notify the parent/guardian as at the second level decision,
  2. If the decision is that the District will not change the record, the Superintendent will send a written notice to the parent/guardian which will include:
    • The School District’s decision that the record is correct and will not be changed,
    • A copy of a summary of the evidence presented at the hearing and a written statement of the reasons for the District’s decision, and
    • Advise the parent/guardian that he or she may place in the student’s record an explanatory statement which states the reasons he or she disagrees with the School District’s decision and/or the reasons he or she believes the record is incorrect.


Final Administrative Step in the Procedure:  When the Lincoln Public Schools receives an explanatory statement from a parent/guardian after the hearing, it will maintain that statement as part of the student’s record as long as it maintains the questioned part of the record. The explanatory statement will be uploaded into the student information system whenever the questioned part of the record is disclosed, the explanatory statement will also be disclosed.