N.J. Admin. Code § 6A:32-7.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:32-7.7 - Rights of appeal for parents and adult students

(a) Student records are subject to challenge by parents and adult students on grounds of inaccuracy, irrelevancy, impermissible disclosure, inclusion of improper information, or denial of access to organizations, agencies, and persons. The parent or adult student may request:

1. Expungement of inaccurate, irrelevant, or otherwise improper information from the student record;

2. Insertion of additional data, as well as reasonable comments regarding the meaning and/or accuracy of the student record;

3. The immediate stay of disclosure pending final determination of the challenged procedure as described in this subchapter; and/or

4. Immediate access to student records for organizations, agencies, and persons denied access, pending final determination of the challenged procedure, as described in this subchapter.

(b) To request a change in the student record or to request a stay of disclosure pending final determination of the challenged procedure, a parent or adult student shall notify, in writing, the chief school administrator of the specific issues relating to the student record.

1. Within 10 school days of notification, the chief school administrator, or the chief school administrator's designee, shall notify the parent or adult student of the school district's decision. If the school district disagrees with the request, the chief school administrator, or the chief school administrator's designee, shall meet with the parent or adult student to resolve the issues set forth in the request.

2. If the matter is not satisfactorily resolved, the parent or adult student has 10 school days to appeal the school district's decision.

3. If an appeal is made to the district board of education, the district board of education shall render a decision within 20 school days.

4. The decision of the district board of education may be appealed to the Commissioner pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, Controversies and Disputes. At all stages of the appeal process, the parent or adult student shall be afforded a full and fair opportunity to present evidence relevant to the issue.

5. A record of the appeal proceedings and outcome shall be made a part of the student record with copies made available to the parent or adult student.

(c) Appeals relating to student records of students with disabilities shall be processed in accordance with the requirements of (b) above.

(d) Regardless of the outcome of an appeal, a parent or adult student shall be permitted to place in the student record a statement commenting upon the information in the student record or setting forth any reasons for contesting a portion of the student record, including the decision made in the appeal. The parent's or adult student's statement shall be maintained as part of the student record, as long as the contested portion of the student record is maintained. If the contested portion of the student record is disclosed to any party, the statement commenting upon the information shall also be disclosed to that party.

N.J. Admin. Code § 6A:32-7.7

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Amended, 54 N.J.R. 1276(a), effective 7/5/2022