Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Do you or a family member attend one of the many California community colleges? Have you ever wondered what data the college is gathering on you? Or, have you had "issues" and want to see what is in your records? Or,maybe you just wish to see what your records state prior to applying to transfer? You are in luck, as thanks to our legislature, obtaining your records from California community colleges is fast, relatively speaking.
Federal law (Family Education Rights and Privacy Act, aka FERPA) provides students the right to review their records within 45 days of a request. This applies to many colleges, but in California, state law extends students' records rights beyond federal law. California Education Code §76230 provides students the right to inspect and review their records within 15 working days of a request. This is roughly a 24-27 day difference (or more depending on the college's "working days") and means records review 3-4 weeks faster! Copies of records may also be requested, but a college may charge per page copying fees.
In my work, 15 working days seems like forever, but a 45 day wait is an eternity, particularly when a student is about to be terminated from a program or has teacher issues. Heck, some classes could be completed fully in 45 days (in various programs and/or if accelerated), so this law is very helpful.
Here is the exact language of the section:
76230. Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records,except as provided for in this chapter, is prohibited.
So, if and when you need your records, use the above section to ensure your community college provides records timely. Not all staff members of every community college are familiar with every law, so it never hurts to remind them of the legal time limit; politely, of course.
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Law and Rights
Records Rights In California Community Colleges
By Michelle Ball, California Education Attorney for Students since 1995
Do you or a family member attend one of the many California community colleges? Have you ever wondered what data the college is gathering on you? Or, have you had "issues" and want to see what is in your records? Or,maybe you just wish to see what your records state prior to applying to transfer? You are in luck, as thanks to our legislature, obtaining your records from California community colleges is fast, relatively speaking.
Federal law (Family Education Rights and Privacy Act, aka FERPA) provides students the right to review their records within 45 days of a request. This applies to many colleges, but in California, state law extends students' records rights beyond federal law. California Education Code §76230 provides students the right to inspect and review their records within 15 working days of a request. This is roughly a 24-27 day difference (or more depending on the college's "working days") and means records review 3-4 weeks faster! Copies of records may also be requested, but a college may charge per page copying fees.
In my work, 15 working days seems like forever, but a 45 day wait is an eternity, particularly when a student is about to be terminated from a program or has teacher issues. Heck, some classes could be completed fully in 45 days (in various programs and/or if accelerated), so this law is very helpful.
Here is the exact language of the section:
76230. Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records,except as provided for in this chapter, is prohibited.
Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing of qualified personnel to interpret records where appropriate.
So, if and when you need your records, use the above section to ensure your community college provides records timely. Not all staff members of every community college are familiar with every law, so it never hurts to remind them of the legal time limit; politely, of course.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Student Records Problems? Contact The Family Policy Compliance Office
By Michelle Ball, California Education Attorney for Students since 1995 Have you ever had a problem getting your or your child's student records from a school? Or, have you encountered school staff speaking about your confidential...
- California College Suspensions And The Right To A Hearing Within Ten Days
By Michelle Ball, California Education Attorney for Students since 1995 Pursuant to California Education Code section 66017, a California Community College, California State University (CSU), or University of California (UC) may suspend a student...
- Parents Rights In Public Schools- Sixteen Rights (and Counting) Which Parents May Not Know They Have
By Michelle Ball, California Education Attorney for Students since 1995 California Education Code 51101 has a handy list of public school parents' rights neatly packaged for use when push comes to shove in California schools. Some of these rights...
- Tedious College Policies And Procedures- Yes You Have To Follow Them In Your Discipline, Academic, Or Other Problem
By Michelle Ball, California Education Attorney for Students since 1995 When college issues arise, handling them can be a bear to say the least. They can range from minor discipline matters to out and out exclusion from a college or university based...
- College Difficulties? Check The College Policies First
By Michelle Ball, California Education Attorney for Students since 1995 What is one of the first steps a student should take when faced with a problem at a college, such as a discipline matter or internship difficulty? The student should first check...