[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.21]

[Page 295-296]
 
                           TITLE 34--EDUCATION
 
PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
   Subpart C--What Are the Procedures for Amending Education Records?
 
Sec.  99.21  Under what conditions does a parent or eligible student have the right to a hearing?

    (a) An educational agency or institution shall give a parent or 
eligible student, on request, an opportunity for a hearing to challenge 
the content of the student's education records on the grounds that the 
information contained in the education records is inaccurate, 
misleading, or in violation of the privacy rights of the student.
    (b)(1) If, as a result of the hearing, the educational agency or 
institution decides that the information is inaccurate, misleading, or 
otherwise in violation of the privacy rights of the student, it shall:
    (i) Amend the record accordingly; and
    (ii) Inform the parent or eligible student of the amendment in 
writing.
    (2) If, as a result of the hearing, the educational agency or 
institution decides that the information in the education record is not 
inaccurate, misleading, or otherwise in violation of the privacy rights 
of the student, it shall inform the parent or eligible student of the 
right to place a statement in the record commenting on the contested 
information in the record or stating why he or she disagrees with the 
decision of the agency or institution, or both.
    (c) If an educational agency or institution places a statement in 
the education records of a student under paragraph (b)(2) of this 
section, the agency or institution shall:
    (1) Maintain the statement with the contested part of the record for 
as long as the record is maintained; and

[[Page 296]]

    (2) Disclose the statement whenever it discloses the portion of the 
record to which the statement relates.

(Authority: 20 U.S.C. 1232g(a)(2))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]