SECTIONS 76230-76234 - California Statutes

EDUCATION CODE

SECTION 76230-76234

76230. Any currently enrolled or former student has a right to
access to any and all student records relating to him maintained by
community colleges. The editing or withholding of any such records,
except as provided for in this chapter, is prohibited.
Each community college district shall adopt procedures for the
granting of requests by students to inspect and review records during
regular school hours, provided that access shall be granted no later
than 15 working days following the date of the request. Procedures
shall include notification of the location of all official student
records if not centrally located and the providing of qualified
personnel to interpret records where appropriate.

76231. A student may waive his or her right to access to student
records devoted solely to confidential recommendations for career
placement, postsecondary admission, or the receipt of an honor or
honorary recognition. However, the recommendations shall be used
solely for the purpose for which they were specifically intended, and
the student shall be notified, upon request, of the names of all
persons making confidential recommendations. A waiver may not be
required as a condition for admission to, receipt of financial aid
from, or receipt of any other services or benefits from a community
college.

76232. (a) Any student may file a written request with the chief
administrative officer of a community college district to correct or
remove information recorded in his or her student records which the
student alleges to be: (1) inaccurate; (2) an unsubstantiated
personal conclusion or inference; (3) a conclusion or inference
outside of the observer's area of competence; or (4) not based on the
personal observation of a named person with the time and place of
the observation noted.
(b) Within 30 days of receipt of the request, the chief
administrative officer, or his or her designee, shall meet with the
student and the employee who recorded the information in question, if
any, if the employee is presently employed by the community college
district. The chief administrative officer or his or her designee
shall then sustain or deny the allegations.
If the chief administrative officer, or his or her designee,
sustains any or all of the allegations, he or she shall order the
correction or removal and destruction of the information.
If the chief administrative officer, or his or her designee,
denies any or all of the allegations and refuses to order the
correction or removal of the information, the student, within 30 days
of the refusal, may appeal the decision in writing to the governing
board of the community college district.
(c) Within 30 days of receipt of an appeal, the governing board
shall, in closed session with the student and the employee who
recorded the information in question, if any, and if that employee is
presently employed by the community college district, determine
whether to sustain or deny the allegations.
If the governing board sustains any or all of the allegations, it
shall order the chief administrative officer, or his or her designee,
to immediately correct or remove and destroy the information.
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 student 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 student or if the student accepts an unfavorable decision by the
chief administrative officer, the student 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 student's
record until the information objected to is corrected or removed.

76233. Whenever there is included in any student record information
concerning any disciplinary action taken by community college
personnel in connection with the student, the student shall be
allowed to include in such record a written statement or response
concerning the disciplinary action.

76234. Whenever there is included in any student record information
concerning any disciplinary action taken by a community college in
connection with any alleged sexual assault or physical abuse,
including rape, forced sodomy, forced oral copulation, rape by a
foreign object, sexual battery, or threat of sexual assault, or any
conduct that threatens the health and safety of the alleged victim,
the alleged victim of that sexual assault or physical abuse shall be
informed within three days of the results of any disciplinary action
by the community college and the results of any appeal. The alleged
victim shall keep the results of that disciplinary action and appeal
confidential.