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PUPIL RECORDS: APPEAL PROCEDURE

Hearing procedure in cases of appeal by parents or guardians is as follows:

1.         The parent/guardian has the right to be assisted or represented by an attorney or other person in presenting the appeal.

2.         The parent/guardian may examine the documents and records presented to support the decision under appeal.

3.         A hearing will be held with reasonable promptness and convenience to the parent/guardian, with at least five school days’ notice given as to time and place of the hearing.

4.         During the hearing the parent/guardian will be given an opportunity to present evidence supporting his/her position, and to question evidence to the contrary.

5.         The hearing will be conducted by a representative of M.S.A.D. No. 71, or other individual chosen by the District who does not have a direct interest in the outcome of the hearing.

6.         A record of each hearing will be prepared, which will include:

a.         the decision being appealed;

b.         evidence presented at the hearing.

7.         The decision of the hearing official will be based on the evidence presented at the hearing which was made part of the hearing record.

8.         The parent/guardian or representative will be notified forthwith and in writing of the hearing official’s decision.

9.         If the decision of the hearing official is that the documents in question are not inaccurate, misleading or otherwise in violation of the student’s rights, the parent shall be notified of the student’s rights, the parent shall be notified of the parent’s right to place a written statement of disagreement in the student’s records, which shall be maintained as part of the education records of the student.

10.              A record of each hearing will be preserved for at least two years.

Legal References:         Family Educational Rights and Privacy Act,

P.L. 93-568, 20-A M.R.S.A. 6001, 6003.

Adopted:          12/10/90

Reviewed:        12/8/97