FERPA: Amendment of Records

Students have the right to ask to have records amended that they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the amendment of records:

  • A student must ask the appropriate record custodian to amend a record. The request must be in writing. In making the request, the student should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of his or her privacy or other rights. In the case of a change of name, the custodian may require a copy of the court document allowing the name change.
  • NEC may comply with the request or it may decide not to comply. If it decides not to comply, NEC will notify the student of the decision and advise him/her of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
  • Upon request, NEC will arrange for a hearing, and notify the student, reasonably in advance, of the date, place and time of the hearing.
  • A hearing officer who is a disinterested party will conduct the hearing; however, the hearing officer may be an official of NEC. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. One or more individuals may assist the student, including an attorney.
  • NEC will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
  • If NEC decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, it will notify the student that he/she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
  • Should the student decide to include such a statement with his/her education record, it will be maintained as part of the student’s education records as long as the contested portion of the record, it must also disclose the statement.
  • If NEC decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.