O.C.G.A.

O.C.G.A. § 20-2-720 (2019)

Inspection of students’ records by parents

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their child. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child’s record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the education records of their child or to be provided information concerning their child’s progress. Information concerning a child’s education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been

ELEMENTARY & SECONDARY EDUC.

terminated. For purposes of this Code section, “education records” shall include attendance reports and records.

History

Code 1981, § 20-2-720, enacted by Ga. L. 1994, p. 531, § 1; Ga. L. 2004, p. 107, § 11C.

Annotations

Editor’s notes. The former subpart, consisting of Code Section 20-2-720, was based on Ga. L. 1919, p. 288, §§ 89, 166; Code 1933, §§ 32-914, 32-1020; Ga. L. 1969, p. 838,

§§ 1, 2, and was repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986. Administrative rules and regulations. Procedural safeguards/parents’ rights, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Special Education, Sec. 160-4-7-.09.

JUDICIAL DECISIONS No private cause of action created. - A private cause of action in favor of a parent denied access to a child’s education records did not exist, and even if the right did, damages could not be used as an enforcement mechanism. Chisolm v. Tip-

pens, 289 Ga. App. 757, 658 S.E.2d 147, 2008 Ga. App. LEXIS 128 (2008), cert. denied, No. S08C1099, 2008 Ga. LEXIS 465 (Ga. June 2, 2008), cert. denied, 555 U.S. 1013, 129 S. Ct. 576, 172 L. Ed. 2d 431, 2008 U.S. LEXIS 8305 (2008).

PART 2 DISCIPLINE Law reviews. For article, “The Amended Open Meetings Law: New Requirements for Publicly

Funded Corporations As Well As Governmental Agencies,” see 25 Ga. St. B. J. 78 (1988).

RESEARCH REFERENCES Am. Jur. Proof of Facts. Teacher’s Use of Excessive Corporal Punishment, 20 POF2d 511.

Subpart 1 Corporal Punishment

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Chisolm v. Tippens, 658 S.E.2d 147 (Ga. Ct. App. 2008).

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Chisolm v. Tippens, 658 S.E.2d 147 (Ga. Ct. App. 2008). · cites it 8× “15 (c) Chisolm’s remaining allegations against school officials include cruelty to children and neglect, violations of OCGA §§ 20-2-720 and 20-2-751.4, and defamation.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.