JRA-R: STUDENT
RECORDS
603 CMR 23.00 is promulgated by the
Board of Education pursuant to its powers under M.G.L.c.71, s.34D which directs
that “the board of education shall adopt regulations relative to the maintenance
of student records by the public elementary and secondary schools of the
Commonwealth,” and under M.G.L.c.71, s.34F which directs that “the board of
education shall adopt regulations relative to the retention, duplication and
storage of records under the control of school committees, and except as
otherwise required by law may authorize the periodic destruction of any such
records at reasonable times.” 603 CMR 23.00 was originally promulgated on
February 10, 1975, and was reviewed and amended in August 2006. 603 CMR is in
conformity with federal and state statutes regarding maintenance of and access
to student records, and is to be construed harmoniously with such
statutes.
Application of Rights
603 CMR 23.00 is
promulgated to insure parents’ and students’ rights of confidentiality,
inspection, amendment, and destruction of students’ records and to assist local
school systems in adhering to the law. 603 CMR 23.00 should be liberally
construed for these purposes.
(1) These
rights shall be the rights of the student upon reaching 14 years of age or upon
entering the ninth grade, whichever comes first. If a student is under the age
of 14 and has not yet entered the ninth grade, these rights shall belong to the
student’s parent.
(2) If a
student is from 14 through 17 years or has entered the ninth grade, both the
student and his/her parent, or either one acting alone, shall exercise these
rights.
(3) If a
student is 18 years of age or older, he/she alone shall exercise these rights,
subject to the following. The parent may continue to exercise the rights until
expressly limited by such student. Such student may limit the rights and
provisions of 603 CMR 23.00 which extend to his/her parent, except the right to
inspect the student record, by making such request in writing to the school
Principal or Superintendent of Schools who shall honor such request and retain a
copy of it in the student record. Pursuant to M.G.L. c.71, s.34E, the parent of
a student may inspect the student record regardless of the student’s
age.
(4)
Notwithstanding 603 CMR 23.01(1) and 23.01(2), nothing shall be construed to
mean that a school committee cannot extend the provisions of 603 CMR 23.00 to
students under the age of 14 or to students who have not yet entered the ninth
grade.
Definition of Terms
The various terms as
used in 603 CMR 23.00 are defined below:
Access: shall mean inspection or copying of a student
record, in whole or in part.
Authorized school personnel: shall consist of three
groups:
(1) School
administrators, teachers, counselors and other professionals who are employed by
the School Committee or who are providing services to the student under an
agreement between the School Committee and a service provider, and who are
working directly with the student in an administrative, teaching, counseling
and/or diagnostic capacity. Any such personnel who are not employed directly by
the School Committee shall have access only to the student record information
that is required for them to perform their duties.
(2)
Administrative office staff and clerical personnel, including operators of data
processing equipment or equipment that produces microfilm/microfiche, who are
either employed by the School Committee or are employed under a School Committee
service contract, and whose duties require them to have access to student
records for purposes of processing information for the student record. Such
personnel shall have access only to the student record information that is
required for them to perform their duties.
(3) The evaluation team that evaluates a
student.
Eligible student: shall mean any
student who is 14 years of age or older or who has entered 9th grade,
unless the School Committee acting pursuant to 603 CMR 23.01(4) extends the
rights and provisions of 603 CMR 23.00 to students under the age of 14 or to
students who have not yet entered 9th grade.
Evaluation Team: shall mean the team, which evaluates school-age
children pursuant to M.G.L.c.71B (St. 1972, c.766) and 603 CMR 28.00.
Parent: shall mean a student’s father
or mother, or guardian, or person or agency legally authorized to act on behalf
of the child in place of or in conjunction with the father, mother, or guardian.
Any parent who by court order does not have physical custody of the student, is
considered a non custodial parent for purposes of M.G.L. c. 71, s.34H and 603
CMR 23.00. This includes parents who by court order do not reside with or
supervise the student, even for short periods of time.
Release: shall mean the oral or written
disclosure, in whole or in part, of information in a student
record.
School-age child with special needs:
shall have the same definition as that given in M.G.L. c. 71B (St. 1972, c.766)
and 603 CMR 28.00.
School committee: shall include a
school committee, a board of trustees of a charter school, a board of trustees
of a vocational-technical school, a board of directors of an educational
collaborative and the governing body of an M.G.L. c.71B (Chapter 766) approved
private school.
Student: shall mean any person enrolled
or formerly enrolled in a public elementary or secondary school or any person
age three or older about whom a school committee maintains information. The term
as used in 603 CMR 23.00 shall not include a person about whom a school
committee maintains information relative only to the person’s employment by the
School Committee.
The student record: shall consist of
the transcript and the temporary record, including all information, recording
and computer tapes, microfilm, microfiche, or any other materials, regardless of
physical form or characteristics concerning a student that is organized on the
basis of the student’s name or in a way that such student may be individually
identified, and that is kept by the public schools of the Commonwealth. The
terms as used in 603 CMR 23.00 shall mean all such information and materials
regardless of where they are located, except for the information and materials
specifically exempted by 603 CMR 23.04.
The temporary record: shall consist of
all the information in the student record which is not contained in the
transcript. This information clearly shall be of importance to the educational
process. Such information may include standardized test results, class rank
(when applicable), extracurricular activities, and evaluations by teachers,
counselors, and other school staff.
Third party: shall mean any person or
private or public agency, authority, or organization other than the eligible
student, his/her parent, or authorized school personnel.
The
transcript: shall contain
administrative records that constitute the minimum data necessary to reflect the
student's educational progress and to operate the educational system. These data
shall be limited to the name, address, and phone number of the student; his/ her
birthdate; name, address, and phone number of the parent or guardian; course
titles, grades (or the equivalent when grades are not applicable), course
credit, grade level completed, and the year completed.
Collection of Data: Limitations
and Requirements
All information and data
contained in or added to the student record shall be limited to information
relevant to the educational needs of the student. Information and data added to
the temporary record shall include the name, signature, and position of the
person who is the source of the information, and the date of entry into the
record. Standardized group test results that are added to the temporary record
need only include the name of the test and/or publisher, and date of
testing.
Personal Files
of School Employees
The term student record does not
include notes, memory aids and other similar information that is maintained in
the personal files of a school employee and is not accessible or revealed to
authorized school personnel or any third party. Such information may be shared
with the student, parent or a temporary substitute of the maker of the record,
but if it is released to authorized school personnel it becomes part of the
student record subject to all the provisions of 603 CMR 23.00.
Privacy and
Security of Student Records
(1) The school principal or
his/her designee shall be responsible for the privacy and security of all
student records maintained in the school.
(2) The superintendent of schools
or his/her designee shall be responsible for the privacy and security of all
student records that are not under the supervision of a school principal, for
example, former students' transcripts stored in the school department's central
administrative offices or student records of school-age children with special
needs who have not been enrolled in a public school.
(3) The principal and
superintendent of schools shall insure that student records under their
supervision are kept physically secure, that authorized school personnel are
informed of the provisions of 603 CMR 23.00 and M.G.L. c. 71, § 34H and are
educated as to the importance of information privacy and confidentiality; and
that any computerized systems employed are electronically secure.
Destruction of
Student Records
(1) The student's transcript
shall be maintained by the school department and may only be destroyed 60 years
following his/her graduation, transfer, or withdrawal from the school
system.
(2) During the time a student is
enrolled in a school, the principal or his/her designee shall periodically
review and destroy misleading, outdated, or irrelevant information contained in
the temporary record provided that the eligible student and his/her parent are
notified in writing and are given opportunity to receive the information or a
copy of it prior to its destruction. A copy of such notice shall be placed in
the temporary record.
(3) The temporary record of any
student enrolled on or after the effective date of 603 CMR 23.00 shall be
destroyed no later than seven years after the student transfers, graduates, or
withdraws from the school system. Written notice to the eligible student and
his/her parent of the approximate date of destruction of the record and their
right to receive the information in whole or in part, shall be made at the time
of such transfer, graduation, or withdrawal. Such notice shall be in addition to
the routine information letter required by 603 CMR 23.10.
(4) In accordance with M.G.L. c
71, section 87, the score of any group intelligence test administered to a
student enrolled in a public school shall be removed from the record of said
student at the end of the school year in which such test was so
administered.
Access to
Student Records
(1) Log of
Access. A log shall be kept as part of each student's record. If parts of
the student record are separately located, a separate log shall be kept with
each part. The log shall indicate all persons who have obtained access to the
student record, stating: the name, position and signature of the person
releasing the information; the name, position and, if a third party, the
affiliation if any, of the person who is to receive the information; the date of
access; the parts of the record to which access was obtained; and the purpose of
such access. Unless student record information is to be deleted or released,
this log requirement shall not apply to:
(a)
authorized school personnel under 603 CMR 23.02(9)(a) who inspect the student
record;
(b)
administrative office staff and clerical personnel under 603 CMR 23.02(9)(b),
who add information to or obtain access to the student record; and
(c)
school nurses who inspect the student health record.
(2) Access of
Eligible Students and Parents. The eligible student or the parent,
subject to the
provisions of 603 CMR 23.07 (5),
shall have access to the student record. Access shall be provided as soon as
practicable and within ten days after the initial request, except in the case of
non-custodial parents as provided in 603 CMR 23.07 (5). Upon request for access,
the entire student record regardless of the physical location of its parts shall
be made available.
(a)
Upon request, copies of any information contained in the student record shall be
furnished to the eligible student or the parent. A reasonable fee, not to exceed
the cost of reproduction, may be charged. However, a fee may not be charged if
to do so would effectively prevent the parents or eligible student from
exercising their right, under federal law, to inspect and review the
records.
(b)
Any student, regardless of age, shall have the right pursuant to M.G.L. c. 71,
section 34A to receive a copy of his/her transcript.
(c)
The eligible student or the parent shall have the right upon request to meet
with professionally qualified school personnel and to have any of the contents
of the student record interpreted.
(d)
The eligible student or the parent may have the student record inspected or
interpreted by a third party of their choice. Such third party shall present
specific written consent of the eligible student or parent, prior to gaining
access to the student record.
(3) Access of
Authorized School Personnel. Subject to 603 CMR 23.00, authorized school
personnel shall have access to the student records of students to whom they are
providing services, when such access is required in the performance of their
official duties. The consent of the eligible student or parent shall not be
necessary.
(4) Access of
Third Parties. Except for the provisions of 603 CMR 23.07(4)(a) through
23.07(4)(h), no third party shall have access to information in or from a
student record without the specific, informed written consent of the eligible
student or the parent. When granting consent, the eligible student or parent
shall have the right to designate which parts of the student record shall be
released to the third party. A copy of such consent shall be retained by the
eligible student or parent and a duplicate placed in the temporary record.
Except for information described in 603 CMR 23.07(4)(a), personally identifiable
information from a student record shall only be released to a third party on the
condition that he/she will not permit any other third party to have access to
such information without the written consent of the eligible student or
parent.
(a) A
school may release the following directory information: a student's name,
address, telephone listing, date and place of birth, major field of study, dates
of attendance, weight and height of members of athletic teams, class,
participation in officially recognized activities and sports, degrees, honors
and awards, and post-high school plans without the consent of the eligible
student or parent; provided that the school gives public notice of the types of
information it may release under 603 CMR 23.07 and allows eligible students and
parents a reasonable time after such notice to request that this information not
be released without the prior consent of the eligible student or parent. Such
notice may be included in the routine information letter required under 603 CMR
23.10.
(b)
Upon receipt of a court order or lawfully issued subpoena the school shall
comply, provided that the school makes a reasonable effort to notify the parent
or eligible student of the order or subpoena in advance of
compliance.
(c) A
school may release information regarding a student upon receipt of a request
from the Department of Social Services, a probation officer, a justice of any
court, or the Department of Youth Services under the provisions of M.G.L. c.
119, sections 51B, 57, 69 and 69A respectively.
(d)
Federal, state and local education officials, and their authorized agents shall
have access to student records as necessary in connection with the audit,
evaluation or enforcement of federal and state education laws, or programs;
provided that except when collection of personally identifiable data is
specifically authorized by law, any data collected by such officials shall be
protected so that parties other than such officials and their authorized agents
cannot personally identify such students and their parents; and such personally
identifiable data shall be destroyed when no longer needed for the audit,
evaluation or enforcement of federal and state education laws.
(e) A
school may disclose information regarding a student to appropriate parties in
connection with a health or safety emergency if knowledge of the information is
necessary to protect the health or safety of the student or other individuals.
This includes, but is not limited to, disclosures to the local police department
and the Department of Social Services under the provisions of M.G.L. c. 71,
section 37L and M.G.L. c. 119, section 51A.
(f)
Upon notification by law enforcement authorities that a student, or former
student, has been reported missing, a mark shall be placed in the student record
of such student. The school shall report any request concerning the records of
the such child to the appropriate law enforcement authority pursuant to the
provisions of M.G.L. c. 22A, section 9.
(g)
Authorized school personnel of the school to which a student seeks or intends to
transfer may have access to such student's record without the consent of the
eligible student or parent, provided that the school the student is leaving, or
has left, gives notice that it forwards student records to schools in which the
student seeks or intends to enroll. Such notice may be included in the routine
information letter required under 603 CMR 23.10.
(h)
School health personnel and local and state health department personnel shall
have access to student health records, including but not limited to immunization
records, when such access is required in the performance of official duties,
without the consent of the eligible student or parent.
5) Access Procedures for 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:
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 that 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.
Amending the
Student Record
(1) The eligible student or the
parent shall have the right to add information, comments, data, or any other
relevant written material to the student record.
(2) The eligible student or the
parent shall have the right to request in writing deletion or amendment of any
information contained in the student record, except for information which was
inserted into that record by an Evaluation Team. Such information inserted by an
Evaluation Team shall not be subject to such a request until after the
acceptance of the Evaluation Team Educational Plan, or, if the Evaluation Team
Educational Plan is rejected, after the completion of the special education
appeal process. Any deletion or amendment shall be made in accordance with the
procedure described below:
(a) If
such student or parent is of the opinion that adding information is not
sufficient to explain, clarify or correct objectionable material in the student
record, either student or parent shall present the objection in writing and/or
have the right to have a conference with the principal or his/her designee to
make the objections known.
(b)
The principal or his/her designee shall within one week after the conference or
receipt of the objection, if no conference was requested, render to such student
or parent a decision in writing, stating the reason or reasons for the decision.
If the decision is in favor of the student or parent, the principal or his/her
designee shall promptly take such steps as may be necessary to put the decision
into effect.
Appeals
(1) In the event that any
decision of a principal or his/her designee regarding any of the provisions
contained in 603 CMR 23.00 is not satisfactory in whole or in part to the
eligible student or parent, they shall have the right of appeal to the
superintendent of schools. Request for such appeal shall be in writing to the
superintendent of schools.
(2) The superintendent of schools
or his/her designee shall within two weeks after being notified of such appeal
(longer should the appellant request a delay) review the issues presented and
render a written decision to the appellant, stating the reason or reasons for
the decision. If the decision is in favor of the appellant, the superintendent
of schools or his/her designee shall promptly take such steps as may be
necessary to put the decision into effect.
(3) In the event that the
decision of the superintendent of schools or his/her designee is not
satisfactory to the appellant in whole or in part, the appellant shall have the
right of appeal to the school committee. Request for such appeal shall be in
writing to the chairperson of the school committee.
(4) The school committee shall
within four weeks after being notified of such appeal (longer should the
appellant request a delay) conduct a fair hearing to decide the issues presented
by the appellant.
(a)
School officials shall have the burden of proof on issues presented by the
appellant.
(b)
The appellant shall have the right to be represented by an advocate of his/her
choosing, to cross-examine witnesses, to present evidence, to make a tape or
other recording of the proceedings, and to receive a written decision within two
weeks after the hearing.
(c) If
the appeal concerns statements by an employee of the school committee, such
person(s) shall have the right to be present and to have an advocate of his/her
own choosing.
(5) Nothing in 603 CMR 23.00
shall abridge or limit any right of aneligible student or parent to seek
enforcement of 603 CMR 23.00 or the statutes regarding student records, in any
court or administrative agency of competent jurisdiction.
Notification
(1) At least once during every
school year, the school shall publish and distribute to students and their
parents in their primary language a routineinformation letter informing them of
the following:
(a)
The standardized testing programs and research studies to be conducted during
the year and other routine information to be collected or solicited from the
student during the year.
(b)
The general provisions of 603 CMR 23.00 regarding parent and student rights, and
that copies of 603 CMR 23.00 are available to them from the school.
(2) In those school systems
required under M.G.L. c. 71A to conduct a bilingual program, all forms,
regulations, or other documents regarding 603 CMR 23.00 that a parent receives
or is required to receive shall be in the language spoken in the home of the
student, provided that it is a language for which the school system is required
to provide a bilingual program.
Monitoring
The Department of Education may,
pursuant to a request by an eligible student or parent or on its own initiative,
conduct reviews to insure compliance with 603 CMR 23.00. The school committee
and the specific school(s) involved shall cooperate to the fullest extent with
such review.
Severance
Clause
The provisions of 603 CMR 23.00
are severable and should any section be found upon judicial review to exceed the
authority of the State Board of Education, the remaining sections shall not be
affected.
Regulatory
Authority:
603 CMR 23.00:
M.G.L. c. 71, 34D, 34E.
SOURCE:
MASC
LEGAL REFS: Family Educational Rights and
Privacy Act of 1974,
P.L. 93-380, Amended
P.L. 103-382, 1994
M.G.L.
66:10 71:34 A, B, D, E, H
Board
of Education Student Record Regulations adopted 2/10/75, as amended June
2002
603
CMR: Dept. Of Education 23.00 through 23:12
Mass
Dept. Of Education publication Student Records; Questions, Answers and
Guidelines, Sept. 1995
CROSS
REF: KDB, Public’s Right to Know
Adopted on: April 10, 2008