2005 North Carolina Code - General Statutes § 115C-114. Records; privacy and expunction.

§ 115C‑114.  Records; privacy and expunction.

(a)       No local educational agency may release to any persons other than the eligible student, his parents or guardian or any surrogate parent any records, data or information on any child with special needs except (i) as permitted by the prior written consent of the student, his parents or guardian or surrogate parent, (ii) as required or permitted by federal law, (iii) school officials within the local education agency who have legitimate educational interest, (iv) school officials of other local educational agencies in which the student intends to enroll, or (v) certain authorized representatives of the State and federal government who are determining eligibility of the child for aid, as provided under Public Law 93‑380 or other federal law.

(b)       The eligible student, his parents or guardian or surrogate parent shall have the right to read, inspect and copy all and any records, data and information maintained by a local educational agency with respect to the student, and, upon their request, shall be entitled to have those records, data and information fully explained,  interpreted and analyzed for them by the staff of the agency. The parent or guardian or surrogate parent may demand that his request must be honored within not more than 45 days after it is made.

(c)       The student, his parents or guardian or surrogate parent shall  have the right to add to the records, data and information written explanations or clarifications thereof, and to cause the expunction of incorrect, outdated, misleading or irrelevant entries. If a local educational agency refuses to expunge incorrect, outdated, misleading  or irrelevant entries after having been asked to do so by the parent,  such person may obtain a due process hearing, under G.S. 115C‑116, on the agency's refusal, and must request the hearing within 30 days after the agency's refusal. (1977, c. 927, s. 1; 1981, c. 423, s. 1.)