Sec. 2.
(a) A parent
or student of legal age who believes that information in an educational record
collected, maintained, or used under this rule is inaccurate, misleading, or
violates the privacy or other rights of the student may request the public
agency that maintains the record to amend the information. The request must:
(1) be in writing;
(2) be dated; and
(3) specify the information that the parent
or student of legal age believes:
(A) is
inaccurate;
(B) is misleading;
or
(C) violates the student's
privacy or other rights.
(b) If the public agency agrees to amend the
information as requested, the public agency must do the following:
(1) Amend the information within ten (10)
business days after the request is received.
(2) Notify the parent or student of legal
age, in writing, that the change has been made, including the date the change
was made.
(c) If the
public agency refuses to amend the information as requested, the public agency
must notify the parent or student of legal age of the refusal, in writing,
within ten (10) business days after the request is received. The written notice
must include a statement of the right of the parent or student of legal age to
a hearing to challenge the information in the student's educational record and
the procedures for the hearing, including the following:
(1) The parent or student of legal age must
submit to the public agency a written request for a hearing, specifying the:
(A) information challenged; and
(B) reasons the parent or student of legal
age believes the information to be:
(i)
inaccurate;
(ii) misleading;
or
(iii) in violation of the
student's privacy or other rights.
(2) The public agency must do the following:
(A) Convene a hearing within fifteen (15)
business days after the request for the hearing is received.
(B) Notify the parent or student of legal
age, in writing, of the hearing:
(i)
date;
(ii) time; and
(iii) location;
not less than five (5) business days in advance of the
hearing.
(3) The hearing may be conducted by any
person, including an official of the public agency, who does not have a direct
interest in the outcome of the hearing.
(4) The parent or student of legal age:
(A) must be given a full and fair opportunity
to present evidence relevant to the issues; and
(B) may, at their own expense, be assisted or
represented by one (1) or more persons, including an attorney.
(5) The hearing officer must
notify the parent or student of legal age of the hearing decision in writing
within ten (10) business days after the hearing. The decision must:
(A) be based solely on evidence and testimony
presented at the hearing; and
(B)
include a summary of the evidence and the reasons for the decision.
(6) If the hearing officer
determines the information in question is inaccurate, misleading, or otherwise
in violation of the privacy or other rights of the student, the public agency
must:
(A) amend the information accordingly;
and
(B) inform the parent or
student of legal age in writing of the amendment.
(7) If the hearing officer determines the
information in question is not inaccurate, misleading, or otherwise in
violation of the privacy or other rights of the student, the public agency must
inform the parent or student of legal age in writing of the right to place a
statement in the student's record commenting on the contested information or
stating the reasons for disagreeing with the decision, or both.
(8) A statement placed in the record by the
parent or student of legal age under subdivision (7) must be maintained by the
public agency in the student's record as long as the record or the contested
portion of the record is maintained by the public agency. The public agency
must disclose the statement whenever it discloses the record or the contested
portion of the record to which the statement relates.
