§ 300.620 Result of hearing.

Plain English summary

This section establishes the outcomes following a records hearing regarding a child's education records. If the agency finds the information inaccurate or in violation of the child's rights, it must correct the record and notify the parent in writing; if the agency upholds the record, the parent has the right to place a written statement of disagreement in the record. Any such parental statement must be retained and disclosed alongside the contested record for as long as the agency maintains it.

Key requirements

• If the agency decides the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must amend the information accordingly and so inform the parent in writing.
• If the agency decides the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must inform the parent of the parent's right to place in the records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.
• Any explanation placed in the records of the child under this section must be maintained by the agency as part of the records of the child as long as the record or contested portion is maintained by the agency.
• If the records of the child or the contested portion is disclosed by the agency to any party, the explanation must also be disclosed to the party.

Affected parties

• parents
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• any third party to whom records are disclosed

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.620