SECTIONS 76220-76225 - California Statutes

EDUCATION CODE

SECTION 76220-76225

76220. Community college districts shall establish, maintain, and
destroy student records according to regulations adopted by the Board
of Governors of the California Community Colleges. Such regulations
shall establish state policy as to what items of information shall be
placed into student records and what information is appropriate to
be compiled by individual community college officers or employees
under the exception to student records provided in subdivisions (a)
and (b) of Section 76210. No student records shall be destroyed
except pursuant to such regulations or as provided in subdivisions
(b) and (c) of Section 76232.

76221. Community college districts shall notify students in writing
of their rights under this chapter upon the date of the student's
enrollment and at least annually thereafter. The notice shall take a
form that reasonably notifies students of the availability of the
following specific information:
(a) The types of student records and information contained therein
that are directly related to students and maintained by the
institution.
(b) The official responsible for the maintenance of each type of
record.
(c) The location of the log or record required to be maintained
pursuant to Section 76222.
(d) The criteria to be used by the institution in defining
"officials and employees" and in determining "legitimate educational
interest" as used in Section 76222 and subdivision (a) of Section
76243.
(e) The policies of the institution for reviewing and expunging
those records.
(f) The right of the student to have access to his or her records.
(g) The procedures for challenging the content of student records.
(h) The cost if any that will be charged for reproducing copies of
records.
(i) The categories of information that the institution has
designated as directory information pursuant to Section 76240.
(j) Any other rights and requirements set forth in this chapter
and the right of the student to file a complaint with the United
States Department of Education concerning an alleged failure by the
institution to comply with Section 438 of the General Education
Provisions Act (20 U.S.C.A. 1232g).

76222. A log or record shall be maintained for each student's
record which lists all persons, agencies, or organizations requesting
or receiving information from the record and the legitimate
interests therefor. The listing need not include any of the
following:
(a) Students to whom access is granted pursuant to Section 76230.
(b) Parties to whom directory information is released pursuant to
Section 76240.
(c) Parties for whom written consent has been executed by the
student pursuant to Section 76242.
(d) Officials or employees having a legitimate educational
interest pursuant to subdivision (a) of Section 76243.
The log or record shall be open to inspection only by the student
and the community college official or his or her designee responsible
for the maintenance of student records, and to the Comptroller
General of the United States, the Secretary of Education, an
administrative head of an education agency as defined in Public Law
93-380, and state educational authorities as a means of auditing the
operation of the system.

76223. Any community college may make a reasonable charge in an
amount not to exceed the actual cost of furnishing copies of any
student record; provided, however, that no charge shall be made for
furnishing (1) up to two transcripts of students' records or (2) up
to two verifications of various records of students. No charge may be
made to search for or to retrieve any student record.

76224. (a) When grades are given for any course of instruction
taught in a community college district, the grade given to each
student shall be the grade determined by the instructor of the course
and the determination of the student's grade by the instructor, in
the absence of mistake, fraud, bad faith, or incompetency, shall be
final.
(b) No grade of a student participating in a physical education
class, however, may be adversely affected due to the fact that the
student does not wear standardized physical education apparel where
the failure to wear such apparel arises from circumstances beyond the
control of the student.

76225. Whenever a student transfers from one community college or
public or private institution of postsecondary education to another
within the state, appropriate records or a copy thereof shall be
transferred by the former community college, or college or university
upon a request from the student. However, the community college,
college, or university from which the student is transferring may
notify the student that the student's records will be transferred
upon payment by the student of all fees and charges due the community
college, college, or university. Any community college, college, or
university making a transfer of these records shall notify the
student of his or her right to receive a copy of the record and his
or her right to a hearing to challenge the content of the record.
The board of governors may adopt rules and regulations concerning
transfer of these records to, from, or between colleges under its
jurisdiction.