Expungement or Alteration of Student Educational Records

Indiana's statute on this:

511 IAC 7-23-2 Procedures for amending educational records
Sec. 2. (a) A parent or eligible student who believes that information in an educational record collected, maintained, or used under this rule is inaccurate, misleading, or violates the privacy or other rights of the student may request the public agency that maintains the record to amend the information. The request
shall:

(1) be in writing;
(2) be dated; and
(3) specify the information that the parent or eligible student believes is inaccurate, misleading, or violates the student’s privacy or other rights.
(b) If the public agency agrees to amend the information as requested, the public agency shall:
(1) amend the information within ten (10) business days after the request is received; and
(2) notify the parent or eligible student, in writing, that the change has been made, including the date the change was made.
(c) If the public agency refuses to amend the information as requested, the public agency shall notify the parent or eligible student of the refusal, in writing, within ten (10) business days after the request is received.

The written notice shall include a statement of the parent’s or eligible student’s right to a hearing to challenge the information in the student’s educational record and the procedures for the hearing, including the following:

(1) The parent or eligible student shall submit to the public agency a written request for a hearing,
specifying the information challenged and the reasons the parent or eligible student believes the
information to be inaccurate, misleading, or in violation of the student’s privacy or other rights.
(2) The public agency shall convene a hearing within fifteen (15) business days after the request for the hearing is received.
(3) The public agency shall notify the parent or eligible student, in writing, of the hearing date, time, and location, not less than five (5) business days in advance of the hearing.
(4) The hearing may be conducted by any person, including an official of the public agency, who does not have a direct interest in the outcome of the hearing.
(5) The parent or eligible student shall be given a full and fair opportunity to present evidence relevant to the issues. The parent or eligible student may, at their own expense, be assisted or represented by one (1) or more persons, including an attorney.
(6) The hearing officer shall notify the parent or eligible student of the hearing decision in writing within ten (10) business days after the hearing. The decision shall be based solely on evidence and testimony presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
(7) If the hearing officer determines the information in question is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the public agency shall amend the information accordingly, and inform the parent or eligible student in writing of the amendment.
(8) If the hearing officer determines the information in question is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the public agency shall inform the parent or eligible student in writing of the right to place a statement in the student’s record commenting on the contested information or stating the reasons for disagreeing with the decision, or both.
(9) A statement placed in the record by the parent or eligible student under subdivision (8) shall be maintained by the public agency in the student’s record as long as the record or the contested portion of the record is maintained by the public agency. The public agency shall disclose the statement whenever it discloses the record or the contested portion of the record to which the statement relates.
(d) If the public agency refuses to amend the information as requested, the public agency shall inform the parent of the refusal and advise the parent of the right to a hearing under 34 CFR 300.568. The public agency shall conduct a hearing upon the parent’s request. A hearing conducted under this section must be conducted according to the procedures under 34 CFR 99.22.


Federal statute on this:
Also FERPA (Family Education Rights and Privacy Act. - 20 U.S.C. § 1232g; 34 CFR Part 99) can be used. FERPA protects the privacy of students and parents.

Changing Inaccurate Records: FERPA gives parents of students the right to amend their records if they are inaccurate. If the parent believes the records should be changed and the school refuses, the parent (or a child 18 years or older) may go to an administrative hearing seeking the change. If the administrative judge rules against the parent and child, the parents have the right to include statements in the child’s records stating why the statements are "inaccurate, misleading or otherwise in violation of the privacy rights of the student" (with certain restrictions).

Top of Page