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 Department of Education Regulations. The school district
will follow the law and the regulations developed by the Massachusetts
Department of 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
Adopted on: April 24,
2008