Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-280 - Family Educational Rights and Privacy Act › Section 495E-280-080 - Requests for corrections, hearings, adding statements to education records

Current through Register Vol. 24-14, July 15, 2024
Students have the right to request to have records corrected
				that they believe are inaccurate, misleading, or in violation of their privacy
				rights. Following are the procedures for the correction of records:
(1) A student must submit a written request
			 to amend his or her education record to the appropriate college official
			 responsible for the custody of the record as designated in WAC
			 495E-280-110. The request must
			 identify the part of the record he/she wants changed and specify why the record
			 is believed to be inaccurate, misleading, or in violation of his or her privacy
			 or other rights.
(2) A student
			 whose request for amendment of his or her education record has been denied may
			 request a hearing by submitting a written request to the vice-president for
			 student services or designee within ten days following the denial. The written
			 request must be signed by the student and shall indicate the reasons why the
			 records should be amended. The vice-president for student services or designee
			 shall notify the student of the hearing within thirty days after receipt of a
			 properly filed request. In no case will the notification be less than ten days
			 in advance of the date, time, and place of the hearing.
(3) The hearing shall be a brief adjudicative
			 proceeding as provided in
			 RCW
			  34.05.482 through
			 34.05.494 and shall be conducted
			 by the vice-president for student services or his/her designee. At the hearing,
			 the student shall be afforded a full and fair opportunity to present evidence
			 relevant to the issues raised in the request to amend the student's education
			 records. The student may be assisted by one or more individuals, including an
			 attorney.
(4) The vice-president
			 for student services or designee will prepare a written decision, within ten
			 days after the conclusion of the hearing, based on the evidence presented at
			 the hearing. The decision will include the reasons for the decision and will
			 advise the parties that it is subject to administrative review by the college
			 president under
			 RCW
			  34.05.488 through
			 34.05.491 if a written or oral
			 request for such review is received by the president within twenty-one days. A
			 copy of the decision shall be served on the student.
(5) If the final decision is that the
			 information is inaccurate, misleading, or in violation of the student's right
			 of privacy, the custodian of the record will amend the record accordingly and
			 notify the student, in writing, that the record has been amended.
(6) If the final decision is that the
			 challenged information is not inaccurate, misleading, or in violation of the
			 student's right of privacy, the custodian of the record will notify the student
			 in writing that the student has a right to place in the record a rebuttal
			 statement commenting on the challenged information and/or a statement setting
			 forth reasons for disagreeing with the decision.
(7) The student's rebuttal statement will be
			 maintained as part of the student's education records as long as the contested
			 portion is maintained. If the contested portion of the education record is
			 disclosed, the statement will also be disclosed.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].482,  20 U.S.C. §
											1232g  and  34 C.F.R. Part 99 . 93-13-115, §
										495E-280-080, filed 6/21/93,
				  effective 7/22/93.