Policy 5.1816

Student Records Correction and Appeals

1. Purpose.--The purpose of this Policy is to provide uniform guidelines and procedures for the correction, deletion, expunction, or rebuttal of inaccurate, misleading, or otherwise inappropriate data or material contained in a student's education records, pursuant to Fla. Stat. § 1002.22(3)(c).

1. Definition.-- For purposes of this Policy, the term "student records and reports" is limited to "the types of records and reports, directly related to students . . . maintained by the institution that the student attends or has attended," to which the parent or adult student would have a right of access under Fla. Stat. 1002.22(2)(c) and (3)(a).

2. Limitation.-- The other types of student-related records listed in Fla. Stat. § 1002.22(2)(c)1-8 are not subject to challenge under the education records law, such as teachers' grade books; School Police records maintained solely for law enforcement purposes; student-employment records; and records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional for treatment to the student.

2. Right of Challenge

1. A parent or adult student shall have the right to challenge the content of a student's education records and reports, as defined in subsection (1)(a), in order to ensure that the student's record or report is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student; but only for the purpose of receiving "an opportunity for the correction, deletion, or expunction of any inaccurate, misleading, or otherwise inappropriate data or material contained therein." Fla. Stat. § 1002.22(3)(c).

2. Only textual inaccuracy can be challenged under Fla. Stat. § 1002.22(3)(c). The law does not allow challenging the underlying reasons for the information in the record.

1. For example, this Policy allows a challenge of the typographical or mathematical accuracy of a grade report but not the teacher's reasoning in deciding to give a certain grade.

2. For another example: a student's suspension may not be appealed under Fla. Stat. § 1002.22(3)(c) based on the parent's disagreement with the student's deserving of suspension or the principal's reasoning in deciding to impose the suspension. However, a textual inaccuracy may be corrected (e.g., if the record erroneously states the student was suspended for computer misuse when in reality it was for fighting.)

3. Informal Resolution

1. Any challenge to a student's record may be resolved through informal meetings or discussions between the parties (the parent/adult student and the appropriate school officials, such as the principal).

2. If the parties at such a meeting agree to make corrections, to make deletions, to expunge material, or to add a statement of explanation or rebuttal to the file, such agreement shall be reduced to writing and signed and dated by the parties; and the appropriate school officials shall take the necessary actions to implement the agreement. The agreement shall only indicate that the record has been corrected, deleted or expunged, or that an explanatory/rebuttal statement will be added, pursuant to Fla. Stat. § 1002.22(3)(c) and SBER 6A-1.0955(6)(k)3.

4. Hearing Procedures.-- If the parties cannot reach an agreement through informal resolution under section (3), either party may request a hearing on the challenge before a committee of the Student Services Department. Student Services will convene a hearing consistent with Fla. Stat. § 1002.22(3)(c) and SBER 6A-1.0955(6)(k)2, 4:

1. the hearing shall be conducted within a reasonable period of time following the request for the hearing;

2. upon the request of the parent or student, the hearing shall be exempt from the requirements of the Sunshine Law;

3. the purpose of such a hearing shall be to correct, delete, or expunge information that is textually inaccurate, misleading, or in violation of the student's privacy rights--not to appeal the underlying basis or reasoning for the decision or action reported in the records;

4. the hearing shall be conducted, and the decision rendered, by District officials who do not have a direct interest in the outcome of the hearing;

5. the parent or student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised;

6. the decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing; and

7. the appropriate school officials shall take the necessary actions to implement the decision.

8. The decision rendered by the Student Services committee shall be final. There will be no appeal from the decision rendered by the Student Services committee. However, the parent or adult student shall have the "right to place a statement in the education record . . . if the decision of the hearing is that the records are not inaccurate, misleading or otherwise in violation of privacy. The statement may comment on the information in the education record and set forth any reasons for disagreeing with the decision." SBER 6A-1.0955(6)(k)4.