When a parent believes that their child's educational records are inaccurate, misleading, or violate privacy rights, they can request an amendment from the school. The institution is required to respond to such a request within a reasonable timeframe. Should the school decide not to amend the records, it must notify the parent or eligible student of the decision and their right to an informal hearing to contest it.
The Hearing Process
The Department of Education has outlined specific requirements for conducting these hearings. The school must schedule the hearing within a reasonable period after the amendment request and inform the parent or student about the date, time, and place in advance. A hearing officer, who should not have a direct interest in the outcome, will oversee the proceedings. During the hearing, the contesting party must have a fair opportunity to present relevant evidence. Parents or eligible students may choose to be represented by someone at their own expense, including legal counsel. The hearing officer is limited to considering only the evidence presented at the hearing.
Possible Hearing Outcomes
If the hearing officer rules in favor of the parent or eligible student, the school is obligated to amend the record and notify the requester of this change. However, if the decision is that the record is not inaccurate or misleading, parents have the option to add a statement to the record. This statement can explain their perspective and disagreement with the school's decision. The school is required to maintain this statement in the record for as long as the record exists and must include the statement each time the record is disclosed.
Contact Us
If you have any questions regarding requests to amend educational records in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
