R5125.5

ST. LOUIS BOARD OF EDUCATION REGULATION
STUDENTS
ELEMENTARY, MIDDLE AND SECONDARY
Progress
Student Records -- Rights of Parents

A. Persons to Whom Rights Accorded

The rights accorded under this section are accorded to any person falling under the definition of a parent as provided in Regulation R5125.1, item 6. When a student reaches the age of 18 (or, regardless of age, enrolls in a higher education institution), the rights accorded under this section shall be transferred to the eligible student as defined in R5125.1.1.

B. Right to Inspect and Review Student Records

1. The parent of a student, or an eligible student, who is attending or has attended the St. Louis Public Schools has the right to inspect and review the official records of the student.

2. Upon making an inspection and review of his/her child’s official record, the parent or eligible student is entitled to the following:

a. A response to a written request by a parent or eligible student from the appropriate school official within a reasonable period of time, but in no case more than forty-five (45) days after the request has been received by the St. Louis Public Schools. (The Board of Education reserves the right not to provide any information from a students record in response to a telephone request from a parent.)

b. The presence of a school official competent in interpreting records to explain to the parent or eligible student the contents of the records being examined.

c. To obtain photocopies of the record if failure to do so would effectively prevent the parent or eligible student from exercising the right to inspect and review the records.

C. Right to File Written Objections

1. A parent or eligible student who believes that information contained in the official records of the student is inaccurate or misleading or violates the privacy or rights of the student, may file written objections to the superintendent or designee and request that the contested information be amended.

2. Upon receipt of written objections from a parent or eligible student, the superintendent or designee will make a decision as to whether or not to amend the contested information and inform the parent of that decision within a reasonable amount of time, not to exceed forty-five (45) calendar days, following the receipt of the parent’s or eligible student’s objections.

3. If the decision is unfavorable to the parent or eligible student, the parent or eligible student must be advised of his/her right to an opportunity for a hearing before the superintendent of schools or designee to challenge the content of the student’s record. Note: parents should file objections concerning special education with the executive director of special education.

D. Right to a Hearing.

1. Within thirty (30) days of receipt of a parent's or eligible student’s written request, a hearing shall be held to consider the parent's appeal from an assistant superintendent's decision not to amend contested information contained in the student's record. The parent or eligible student is entitled to at least ten (10) days advance notice of the date, time, and place of the hearing.

2. The hearing may be conducted by the superintendent of schools or a designee who does not have a direct interest in the outcome of the hearing.

3. The parent or eligible student will be granted a full and fair opportunity to present evidence relevant to the issue of whether the challenged information in the official student record is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student. At the hearing, the parent or eligible student may be assisted by a representative, including an attorney, of the parent’s or eligible student’s choice at the parent’s or eligible student’s own expense.

4. The decision of the superintendent of schools or designee will be given in writing to the parent or eligible student within a reasonable period of time following the conclusion of the hearing.

a. The decision shall include a summary of the evidence on which the decision is based and the reasons for the decision.

b. If the decision is that the challenged information is inaccurate, misleading or otherwise violative of the student’s rights, the records of the student will be amended accordingly and the parents will be informed of this in writing.

c. If the decision is unfavorable to the parent or eligible student, the parent or eligible student shall be advised of his/her right to place a statement in the student’s record, commenting upon the records and/or setting forth any reasons for disagreeing with the decision. Any such statement placed in the student’s record will remain as a part of the record as long as the record or contested portion of the record is maintained by the St. Louis Public Schools. If the student’s record or the contested portion thereof is disclosed to another party, the parent’s or eligible student’s statement will also be disclosed.


References

Legal: 20 U.S.C. §§ 1232g(a)(2); (d)
34 C.F.R. §§ 99.20-99.22; 99.3, 99.5(a)
DESE State Plan for Part B of Individuals with Disabilities Education Act, As Amended by P.L. 94-142
20 U.S.C. § 1417(c)
34 C.F.R. §§ 300.567-.570

Regulation approved: June 26, 1990

Revised: December 07, 1999






 
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