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OPPORTUNITY FOR A HEARING
WVBTT on request shall provide you an opportunity for a hearing
to challenge information in your child’s early intervention records
to
ensure that it is not inaccurate, misleading, or otherwise in viola-
tion of the privacy or other rights of your child or you. Parents
may request a hearing under the procedure in this document
provided that such
hearing procedures meet the requirements of the hearing proce-
dures under the Family Education Rights & Privacy Act (FERPA),
or you may request a
hearing direct- ly under
FERPA regu- lations at 34
CFR 99.22.
RESULTS OF HEARING
If as a result of the hearing, WVBTT decides that the information
is:
• Inaccurate, misleading or otherwise in violation of the pri-
vacy or other rights of your child or you, your records shall
be amended accordingly and you will be notified in writing
of the amendment; or
• Not inaccurate, misleading or otherwise in violation of the
privacy or other rights of your child or you, you will be
informed of your right to place in your child’s early inter-
vention record, maintained on your child, a statement
commenting on the information and providing any reasons
for disagreeing with the decision.
Any explanation placed in the early intervention rec-
ords of your child under this section must:
Be maintained by WVBTT as part of the records
of your child as long as the record or contested
portion (that part of the record with which you dis-
agree) is maintained by WVBTT; and
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