160.730 Challenge of contents of record -- Procedure.

239 words·~1 min read·/ky/chapter-160/160-730

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Parents or eligible students may challenge the content of a student record to ensure

that the record or report is not inaccurate, misleading, or otherwise in violation of

privacy or other rights of the student. The right to challenge shall also provide the

opportunity for rebuttal to, and the correction, deletion, or expunction of, any

inaccurate, misleading, or inappropriate information.

(2)A challenge to the record may take the form of an informal discussion among the

parents, student, and school officials. Any agreement between these parties shall be

reduced in writing, signed by all parties, and placed in the student's records. If no

agreement can be reached, either party may request a formal hearing to the

challenge which shall be conducted in accordance with procedures established by

rules and regulations of the Department of Education and the Council on

Postsecondary Education for educational institutions under their jurisdiction. The

rules and regulations shall provide that a formal hearing be conducted within a

reasonable time after the request for a hearing; and an official of the educational

institution who has no direct interest in the outcome of the challenge shall conduct

the hearing and render a decision on the challenge within a reasonable time after the

hearing. All parties to the challenge shall be afforded a full and fair opportunity to

present evidence relevant to the issues raised. Furthermore, school officials shall

take the necessary action to implement the decision.