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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

©2018 (c) Liebert Cassidy Whitmore

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3. A

CCESS TO

S

TUDENT

R

ECORDS

Both Title 5 and the Education Code grant current or former students unlimited access to their

records.

317

A student may access his or her own records upon 15 days’ notice and pursuant to

the District’s procedures. The District must notify students of their right to access and challenge

information in their student records.

318

Students may waive their right to access

recommendations.

319

A student may also give consent to third parties to access their records.

320

Consent can only be given in a signed and dated writing. The District must furnish records

pursuant to court order or subpoena.

321

Under the Education Code,

322

the following may also have access:

Officials and employees of the community college who have a legitimate

educational interest.

Authorized representatives of the Comptroller General of the United States,

the Secretary of Health, Education, and Welfare, an administrative head of

an education agency, state education officials, or their respective designees

or the United States Office of Civil Rights, where that information is

necessary to audit or evaluate a state or federally supported education

program or pursuant to a federal or state law, except that when the collection

of personally identifiable information is specifically authorized by federal

law, the student’s and parents’ personal identification shall be protected and

any personally identifiable data shall be destroyed when no longer needed.

Other state and local officials or authorities to the extent that information is

specifically required to be reported pursuant to state law adopted before

November 19, 1974.

Officials of other public or private schools or school systems where the

student seeks admission.

Agencies or organizations in connection with a student's application for, or

receipt of, financial aid, provided that information permitting the personal

identification of students may be disclosed only as may be necessary to

determine the eligibility, amount, and conditions of the financial aid, or to or

to enforce the terms or conditions of the financial aid.

Accrediting organizations in order to carry out their accrediting functions.

Organizations conducting studies for, or on behalf of, educational agencies

or institutions for the purpose of developing, validating, or administering

predictive tests, administering student aid programs, and improving

instruction, if those studies are conducted in such a manner as will not

permit the personal identification of students or their parents by persons and

the information will be destroyed when no longer needed.

Appropriate persons in connection with an emergency if the information is

necessary to protect the health or safety of a student or other persons, or