C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart F—Monitoring, Enforcement, Confidentiality, and Program Information

34 C.F.R. § 300.619

Opportunity for a hearing

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The agency must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.

(Authority: 20 U.S.C. 1412(a)(8); 1417(c))
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2021 · leading case: D.o., Individually, & on Behalf of M.o., Etc. Vs. Jackson Twp. Bd. of Educ. (l-1738-16, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
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D.o., Individually, & on Behalf of M.o., Etc. Vs. Jackson Twp. Bd. of Educ. (l-1738-16, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 4× “34 C.F.R. § 300.619 states that parents may request a hearing, but only "to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.”
Morrison v. Perry Sch. Dep't (D. Me. 2019). “) The investigator also found a procedural violation when Defendant declined to modify records from IEP team meetings, which records Plaintiff disputed, because Defendant had failed to notify Plaintiff of his right to a hearing on the issue as required under 34 CFR 300.619. (R.…”
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