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160.730 Challenge of contents of record -- Procedure.
(1)
(2)
Parents or eligible students may challenge the content of a student record to
ensure that the record or report is not inaccurate, misleading, or otherwise in
violation of privacy or other rights of the student. The right to challenge shall
also provide the opportunity for rebuttal to, and the correction, deletion, or
expunction of, any inaccurate, misleading, or inappropriate information.
A challenge to the record may take the form of an informal discussion among
the parents, student, and school officials. Any agreement between these
parties shall be reduced in writing, signed by all parties, and placed in the
student's records. If no agreement can be reached, either party may request a
formal hearing to the challenge which shall be conducted in accordance with
procedures established by rules and regulations of the Department of
Education and the Council on Postsecondary Education for educational
institutions under their jurisdiction. The rules and regulations shall provide that
a formal hearing be conducted within a reasonable time after the request for a
hearing; and an official of the educational institution who has no direct interest
in the outcome of the challenge shall conduct the hearing and render a
decision on the challenge within a reasonable time after the hearing. All parties
to the challenge shall be afforded a full and fair opportunity to present evidence
relevant to the issues raised. Furthermore, school officials shall take the
necessary action to implement the decision.
Effective:May 30, 1997
History: Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 64, effective May
30, 1997. -- Created 1994 Ky. Acts ch. 98, sec. 7, effective July 15, 1994.
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