SECTIONS 49069-49072 - California Statutes

EDUCATION CODE

SECTION 49069-49072

49069. Parents of currently enrolled or former pupils have an
absolute right to access to any and all pupil records related to
their children that are maintained by school districts or private
schools. The editing or withholding of any of those records, except
as provided for in this chapter, is prohibited.
Each school district shall adopt procedures for the granting of
requests by parents for copies of all pupil records pursuant to
Section 49065, or to inspect and review records during regular school
hours, provided that the requested access shall be granted no later
than five business days following the date of the request. Procedures
shall include the notification to the parent of the location of all
official pupil records if not centrally located and the availability
of qualified certificated personnel to interpret records if
requested.

49070. Following an inspection and review of a pupil's records, the
parent or guardian of a pupil or former pupil of a school district
may challenge the content of any pupil record.
(a) The parent or guardian of a pupil may file a written request
with the superintendent of the district to correct or remove any
information recorded in the written records concerning his or her
child which the parent or guardian alleges to be any of the
following:
(1) Inaccurate.
(2) An unsubstantiated personal conclusion or inference.
(3) A conclusion or inference outside of the observer's area of
competence.
(4) Not based on the personal observation of a named person with
the time and place of the observation noted.
(5) Misleading.
(6) In violation of the privacy or other rights of the pupil.
(b) Within 30 days of receipt of a request pursuant to subdivision
(a), the superintendent or the superintendent's designee shall meet
with the parent or guardian and the certificated employee who
recorded the information in question, if any, and if the employee is
presently employed by the school district. The superintendent shall
then sustain or deny the allegations.
If the superintendent sustains any or all of the allegations, he
or she shall order the correction or the removal and destruction of
the information. However, in accordance with Section 49066, the
superintendent shall not order a pupil's grade to be changed unless
the teacher who determined the grade is, to the extent practicable,
given an opportunity to state orally, in writing, or both, the
reasons for which the grade was given and is, to the extent
practicable, included in all discussions relating to the changing of
the grade.
If the superintendent denies any or all of the allegations and
refuses to order the correction or the removal of the information,
the parent or guardian may, within 30 days of the refusal, appeal the
decision in writing to the governing board of the school district.
(c) Within 30 days of receipt of an appeal pursuant to subdivision
(b), the governing board shall, in closed session with the parent or
guardian and the certificated employee who recorded the information
in question, if any, and if the employee is presently employed by the
school district, determine whether or not to sustain or deny the
allegations.
If the governing board sustains any or all of the allegations, it
shall order the superintendent to immediately correct or remove and
destroy the information from the written records of the pupil, and so
inform the parent or guardian in writing. However, in accordance
with Section 49066, the governing board shall not order a pupil's
grade to be changed unless the teacher who determined the grade is,
to the extent practicable, given an opportunity to state orally, in
writing, or both, the reasons for which the grade was given and is,
to the extent practicable, included in all discussions relating to
the changing of the grade.
The decision of the governing board shall be final.
Records of these administrative proceedings shall be maintained in
a confidential manner and shall be destroyed one year after the
decision of the governing board, unless the parent or guardian
initiates legal proceedings relative to the disputed information
within the prescribed period.
(d) If the final decision of the governing board is unfavorable to
the parent or guardian, or if the parent or guardian accepts an
unfavorable decision by the district superintendent, the parent or
guardian shall be informed and shall have the right to submit a
written statement of his or her objections to the information. This
statement shall become a part of the pupil's school record until the
information objected to is corrected or removed.

49071. (a) To assist in making determinations pursuant to Section
49070, a district superintendent or governing board may convene a
hearing panel composed of the following persons, provided that the
parent has given written consent to release information from the
relevant pupil's records to the members of the panel so convened:
(1) The principal of a public school other than the public school
at which the record is on file.
(2) A certificated employee appointed by the chairman of the
certificated employee council of the district, or, if no such council
exists, a certificated employee appointed by the parent.
(3) A parent appointed by the superintendent or by the governing
board of the district, depending upon who convenes the panel.
(b) The persons appointed pursuant to paragraphs (2) and (3) of
subdivision (a) shall, if possible, not be acquainted with the pupil,
his parent or guardian, or the certificated employee who recorded
the information, except when the parent or guardian appoints the
person pursuant to paragraph (2).
(c) The principal appointed to the hearing panel shall serve as
its chairman.
(d) The hearing panel shall, in closed session, hear the
objections to the information of the parent and the testimony of the
certificated employee who recorded the information in question, if
any, and if such employee is presently employed by the school
district.
The hearing panel shall be provided with verbatim copies of the
information which is the subject of the controversy.
Written findings shall be made setting forth the facts and
decisions of the panel, and such findings shall be forwarded to the
superintendent or the governing board, depending upon who convened
the panel.
The proceedings of the hearing shall not be disclosed or discussed
by panel members except in their official capacities.

49072. Whenever there is included in any pupil record information
concerning any disciplinary action taken by school district personnel
in connection with the pupil, the school district maintaining such
record or records shall allow the pupil's parent to include in such
pupil record a written statement or response concerning the
disciplinary action.