Under FERPA, the School must provide a parent, legal guardian or Eligible Student with an opportunity to inspect and review his or her student’s education records within 45 days following its receipt of a request. The School is required to provide a parent with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the parent from obtaining access to the records.
Parents, legal guardians, and Eligible Students possess the right to request and receive from the School the following: (1) an explanation of information in the student's education records; (2) a copy of all or part of the student's education record; and (3) a list of the types and locations of the student's education records collected, maintained, or utilized by the School.
A written request identifying the records to be inspected must be provided to the School. The school official will arrange for access and will notify the parent or Eligible Student of the time and place where the records may be inspected. If copies are requested, the School may charge the requesting party reasonable copying costs.
A parent, legal guardian or Eligible Student has the right to request an amendment to an education record but must do so in writing. The request must clearly identify the part of the record in question, and specify why it is inaccurate or misleading for submission to the School Principal. If the School decides not to amend the record, the parent, legal guardian, or Eligible Student shall be notified in writing. If the School decides not to amend the record, the parent, legal guardian, or Eligible Student then has the right to request and receive a records hearing review. The request must be made in writing. At this time, additional information shall be provided to the parent, legal guardian, or Eligible Student regarding the hearing process procedures.
FERPA was intended to require only that schools conform to fair recordkeeping practices and not to override the accepted standards and procedures for making academic assessments, disciplinary ruling, or placement determinations. Thus, while FERPA affords parent the right to seek to amend education records which contain inaccurate information, this right cannot be used to challenge a grade, an opinion, or a substantive decision made by a school about a student.
Additionally, if FERPA's amendment procedures are not applicable to a parent, legal guardian or Eligible Student's request for amendment of education records, the school is not required under FERPA to hold a hearing in the matter.