Title 702 | Chapter 001 | Regulation 140


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702 KAR 1:140.Student records; hearing procedures.

Section 1.

If a school district denies the request of a parent or eligible student to amend the education record of the student, the school district shall notify the student's parent or eligible student of the decision and advise them of the right to a hearing to challenge the information contained in the education record and alleged to be inaccurate, misleading, inappropriate, or in violation of the student's rights.

Section 2.

Hearing Procedures.

(1)

Upon request of a parent or eligible student, the school district shall conduct a hearing to be held within thirty (30) days after the request for hearing and notify the parent or eligible student, reasonably in advance, of the date, place, and time of the hearing.

(2)

The hearing shall be conducted by any individual who is a disinterested party and is appointed by the superintendent to conduct the hearing.

(3)

The hearing shall be confidential. Persons other than the student, parent(s), witnesses, and counsel shall not be admitted into the hearing.

(4)

The hearing official appointed by the superintendent shall hear evidence from the school staff and the parent or eligible student to determine any points of disagreement regarding the education records.

(5)

The parent or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records. The parent or eligible studentmay be assisted by one (1) or more individuals, including an attorney, at their expense.

(6)

After hearing the evidence, the hearing official appointed by the superintendent shall make a determination in writing within ten (10) working days following the close of the hearing. The hearing official appointed by the superintendent shall make a determination based solely on the evidence presented at the hearing, and shall include a summary of the evidence and the reason for the decision. The parties to the hearing shall be provided a copy of the decision.

Section 3.

Posthearing Procedures.

(1)

If, as a result of the hearing, the hearing official appointed by the superintendent decides the challenged information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the hearing official shall inform the parent or eligible student of the right to place a statement in the education record commenting on the contested information or stating why he disagrees with the decision of the hearing official. The statement shall be maintained as a part of the student's education records as long as the contested portion is maintained. If the school district discloses the contested portions of the education record, it shall also disclose the statement.

(2)

If, as a result of the hearing, the hearing official appointed by the superintendent decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the school district shall amend the education record accordingly and inform in writing the parent or eligible student of the amendment.

Section 4.

Alternative Hearing Procedures. If a school district has an education record hearing policy and procedure that provides a substantially equivalent level of due process protection as provided in this administrative regulation, the school district may submit its policy on education records hearing procedure to the Department of Education, Office of Legal Services, for its review and approval as to compliance with this administrative regulation.

HISTORY: (21 Ky.R. 2861; 22 Ky.R. 45; eff. 7-6-1995; Cert eff. 11-16-2018; 48 Ky.R. 3039, 562; eff. 9-22-2022.)

FILED WITH LRC: August 9, 2022
CONTACT PERSON: Todd Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email regcomments@education.ky.gov.

7-Year Expiration: 9/22/2029

Last Updated: 12/6/2022


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