FERPA: Right to Request Amendment + Hearing (Subpart C)
Family Educational Rights and Privacy Act (FERPA) FERPA-Part99.20_21_22: Right to Request Amendment + Hearing (34 CFR 99.20, 99.21, 99.22)
34 CFR 99.20 procedure to request amendment; 99.21 right to a hearing; 99.22 minimum requirements for a hearing. AMENDMENT REQUEST: parents + eligible students may request amendment of an education record believed to be INACCURATE + MISLEADING + or in VIOLATION of the student's right of privacy. The institution must decide within a REASONABLE TIME whether to amend + inform the requestor of the decision + the right to a hearing if denied. HEARING REQUIREMENTS (99.22): (a) within a reasonable time after receipt of the request; (b) advance written notice of date + place + reasonable time; (c) opportunity to present evidence + be assisted by representatives (incl. attorney at requestor expense); (d) conducted by an institutional official with no direct interest in the outcome; (e) written decision including findings of fact + conclusions; (f) right to place an explanatory statement in the record if the amendment is denied + the statement must be maintained + disclosed whenever the record is disclosed. NB: FERPA amendment is NOT a substantive challenge of academic grades + opinions + judgments; it is limited to factual inaccuracy + misleading content + privacy violation.
Maintained by Gerard Blokdyk·Verified against the published standard ·Control text last updated
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