20-2-667. Parental and student review of education record; model policies.

A parent shall have the right to inspect and review his or her child’s education record maintained by the school or local board of education.#

A parent may request from the school or local board of education student data included in his or her child’s education record, including student data maintained by an operator, except when the local board of education determines that the requested data maintained by the operator cannot reasonably be made available to the parent.#

1. (1)

   Except as provided in paragraph (2) of this subsection, each local board of education shall immediately provide an electronic copy of a student’s complete education record to any parent, legal custodian, or another person or entity legally authorized to receive such records upon request and under no circumstances later than 5:00 P.M. on the third business day following the date of such request.#

2. (2)

   In the event that any portion of such student’s education record is not maintained in electronic format, the local board of education shall provide an electronic copy of all of the student’s education records available in electronic format in compliance with paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business day following the date of the request for such records, notify the requestor when copies of the remainder of such student’s education records will be ready for retrieval.#

A parent or eligible student shall have the right to request corrections to inaccurate education records maintained by a school or local board of education. After receiving a request demonstrating any such inaccuracy, the school or local board of education that maintains the data shall correct the inaccuracy and confirm such correction to the parent or eligible student within a reasonable amount of time.#

The rights contained in subsections (a) through (d) of this Code section shall extend also to eligible students seeking to access their own education records.#

The department shall develop model policies for local boards of education that:#

1. (1)

   Support local boards of education in fulfilling their responsibility to annually notify parents of their right to request student information;#

2. (2)

   Assist local boards of education with ensuring security when providing student data to parents;#

3. (3)

   Provide guidance and best practices to local boards of education in order to ensure that local boards of education provide student data only to authorized individuals;#

4. (4)

   Support local boards of education in their responsibility to produce education records and student data included in such education records to parents and eligible students, ideally within three business days of the request; and#

5. (5)

   Assist schools and local boards of education with implementing technologies and programs that allow a parent to view online, download, and transmit data specific to his or her child’s education record.#

1. (1)

   The department shall develop model policies and procedures for a parent or eligible student to file a complaint with a local school system regarding a possible violation of rights under this article or under other federal or state student data privacy and security laws which shall ensure that:#

   1. (A)

      Each local school system designates at least one individual with responsibility to address complaints filed by parents or eligible students;#

   2. (B)

      A written response is provided to the parent’s or student’s complaint;#

   3. (C)

      An appeal may be filed with the local school superintendent; and#

   4. (D)

      An appeal for a final decision may be made to the local board of education.#

2. (2)

   Within six months of adoption by the department of model policies and procedures pursuant to paragraph (1) of this subsection, each local board of education shall adopt policies and procedures that include, at a minimum, such department model policies and procedures.#

Nothing in this Code section shall authorize any additional cause of action beyond the process described in this Code section or as otherwise authorized by state law.#