Law / United States / 
Rhode Island
Educational Records Bill of Rights: annual notice, access, amendment and confidentiality of a student's education records
R.I. Gen. Laws secs. 16-71-2, 16-71-3 and 16-71-6
In force.
A data subject rights rule binding government bodies.
- Obligation class
- Data subject rights, Disclosure
- Audit expectation
- none
What it requires
- If you are a school district responsible for operating an elementary or secondary school, notify in writing each year the parents or guardians of each enrolled child, or the student if over the age of eighteen, of their rights under the Educational Records Bill of Rights Act, and provide for the need to notify effectively parents of students with a primary or home language other than English (section 16-71-2).
- If you hold a student's records, let the parent, legal guardian or eligible student inspect and review the records required to be kept by law or regulation within ten days of the request, give a reasonable explanation and interpretation of them, and provide copies at no more than fifteen cents per page with no fee to search for or retrieve them (section 16-71-3(a)(1) to (3)).
- Preserve the records as long as a request to inspect is outstanding, let the parent or eligible student request in writing the amendment or expungement of records believed inaccurate, misleading or in violation of the student's right to privacy, and keep any statement they place in the record with the contested part and disclose it when that portion is disclosed (section 16-71-3(a)(4) to (6)).
- Keep the records confidential and do not release them to any other individual, agency or organization without the prior written consent of the parent, legal guardian or eligible student, except to the extent that section 1232g of title 20 of the United States Code, other applicable law or court process authorizes the release (section 16-71-3(a)(7)).
- If a decision is rendered against the school system, correct the records in accordance with the decision (section 16-71-4).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 16-71-3 gives a parent or eligible student rights to inspect, copy, amend and keep a student's records confidential, and section 16-71-2 requires an annual notice. Neither names a log of requests or disclosures that the school must keep, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 16-71-2 of the Rhode Island General Laws requires the school district responsible for the operation of an elementary or secondary school to notify in writing, each year, the parents or guardians of each enrolled child, or the student if over the age of eighteen, of their rights under chapter 71 of title 16.
Section 16-71-3(a)(1) of the Rhode Island General Laws gives the parent, legal guardian or eligible student the right to personally inspect and review the student's records that are required to be kept by law or regulation within ten days of the request. Section 16-71-3(a)(3) of the Rhode Island General Laws gives the right to copies of the records at a cost per copied page that does not exceed fifteen cents and with no fee to search for or retrieve the records.
Section 16-71-3(a)(5) of the Rhode Island General Laws gives the right to request in writing an amendment or expungement of the records if the parent or eligible student believes that the information contained in them is inaccurate, misleading, or in violation of the student's right to privacy.
Section 16-71-3(a)(7) of the Rhode Island General Laws gives the right to have the records kept confidential and not released to any other individual, agency or organization without the prior written consent of the parent, legal guardian or eligible student, except to the extent that section 1232g of title 20 of the United States Code, other applicable law or court process authorizes the release.
Section 16-71-3(a)(6) of the Rhode Island General Laws gives the right to place a statement in the record commenting on any contested information, which is maintained with the contested part of the record and disclosed when that portion of the record is disclosed. Section 16-71-3(b) of the Rhode Island General Laws gives any person aggrieved under the chapter the right to appeal in accordance with chapter 39 of title 16.
Section 16-71-6 of the Rhode Island General Laws defines records by the definition of education records in section 1232g of title 20 of the United States Code. Section 16-71-4 of the Rhode Island General Laws requires the school system, when a decision is rendered against it, to correct the records in accordance with the decision. Chapter 71 of title 16 of the Rhode Island General Laws was enacted by Public Law 1991, chapter 306, section 1.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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