Chapter 04-106

2004 -- H 7476 SUBSTITUTE A

Enacted 06/16/04

A N A C T

RELATING TO THE RHODE ISLAND EDUCATIONAL RECORDS BILL OF RIGHTS

Introduced By: Representatives Ajello, Anguilla, Moura, Giannini, and Handy

Date Introduced: February 03, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-71-3 of the General Laws in Chapter 16-71 entitled "The Rhode

Island Educational Records Bill of Rights" is hereby amended to read as follows:

16-71-3. Educational records review rights. - Educational records access and

review rights – Confidentiality of records. -- (a) The parent, legal guardian, or eligible student,

shall have the following enumerated rights:

      (1) The right to personally inspect and review records in existence at the time of the

request that are required to be kept by law or regulation of the student within ten (10) days of the

request. The request shall be made to the school's principal or designated appropriate authority;

      (2) The right to a reasonable explanation and interpretation of the records;

      (3) The right to copies of the records. The cost per copied page of written records shall

not exceed fifteen cents ($.15) per page for records copyable on common business or legal size

paper. No fee will be assessed to search for or to retrieve the records;

      (4) The right to have the records preserved as long as a request to inspect is outstanding;

      (5) The right to request an amendment and/or expungement of the records if the parent or

eligible student believes that the information contained in these records is inaccurate, misleading,

or in violation of the student's right to privacy; this request shall be made in writing to the

appropriate records keeper.;

(6) The right to place a statement in the record commenting on any contested information

in the record. This statement shall be maintained with the contested part of the record for as long

as the record is maintained and it shall be disclosed when the portion of the record to which it

relates is disclosed;

(7) The right to have the records kept confidential and not released to any other

individual, agency or organization without prior written consent of the parent, legal guardian or

eligible student, except to the extend that the release of the records is authorized by the provisions

of 20 U.S.C. section 1232g or other applicable law or court process.

     (b) Any person aggrieved under this chapter shall have the right to appeal in accordance

with the provisions of chapter 39 of this title.

(c) At any time prior to the filing of an appeal to the superior court pursuant to the

Administrative Procedures Act, chapter 35 of title 42, if, as a result of a hearing as set forth in

chapter 39 of this title, the educational agency or institution decides that the information in the

education record is not inaccurate, misleading, or in violation of the privacy or other rights of the

student, it shall inform the parent, legal guardian 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. If an educational agency or

institution places this statement in the education records of a student 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

(2) Disclose the statement when it discloses the portion of the record to which the

statement relates.

     SECTION 2. This act shall take effect upon passage.

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LC01087/SUB A

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