File: KBBA
NON-CUSTODIAL PARENTS’ RIGHTS
As required by
Massachusetts General Law Chapter 71, Section 34H, a non-custodial parent may
have access to the student record in accordance with law and Dept. of
Elementary and Secondary Education Regulations. The school district will follow
the law and the regulations developed by the Massachusetts Dept. of Elementary
and Secondary Education to standardize the process by which public schools
provide student records to parents who do not have physical custody of their
children ("non-custodial parents").
As required by
M.G.L. c. 71, § 34H, a non-custodial parent may have access to the student
record in accordance with the following provisions.
(a)
A non-custodial parent is eligible to obtain access to the student record
unless the school or district has been given documentation that:
1.
The parent has been denied legal custody or has been ordered to supervised
visitation, based on a threat to the safety of the student and the threat is
specifically noted in the order pertaining to custody or supervised visitation,
or
2.
The parent has been denied visitation, or
3.
The parent's access to the student has been restricted by a temporary or
permanent protective order, unless the protective order (or any subsequent order
modifying the protective order) specifically allows access to the information
contained in the student record, or
4.
There is an order of a probate and family court judge which prohibits the
distribution of student records to the parent.
(b)
The school shall place in the student's record documents indicating that a
non-custodial parent's access to the student's record is limited or restricted
pursuant to 603 CMR 23.07(5)(a).
(c)
In order to obtain access, the non-custodial parent must submit a written
request for the student record to the school principal.
(d)
Upon receipt of the request the school must immediately notify the custodial
parent by certified and first class mail, in English and the primary language
of the custodial parent, that it will provide the non-custodial parent with
access after 21 days, unless the custodial parent provides the principal with
documentation that the non-custodial parent is not eligible to obtain access as
set forth in 603 CMR 23.07 (5)(a).
(e)
The school must delete all electronic and postal address and telephone number
information relating to either work or home locations of the custodial parent
from student records provided to non-custodial parents. In addition, such
records must be marked to indicate that they shall not be used to enroll the
student in another school.
(f)
Upon receipt of a court order which prohibits the distribution of information
pursuant to G.L. c. 71, §34H, the school shall notify the non-custodial parent
that it shall cease to provide access to the student record to the
non-custodial parent.
LEGAL
REF.: M.G.L. 71:34D; 71:34H
603
CMR 23.07 (5) Access Procedures for Non-Custodial
Parents
20
U.S.C. §1232g Family Education Rights and Privacy Act (FERPA)
SOURCE:
MASC January 2007
Approved as
amended: 03/02/15