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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,
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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