Student Records

The Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g; 34 CFR §99.00) and Student Record Regulations (603 CMR 23.00) are designed to protect parents'/guardians’ and students' rights of confidentiality, inspection, amendment, and destruction of student records, and to assist school authorities in carrying out their responsibilities under state and federal law.

The student records laws and regulations apply to all information kept by a school or school district on a student in a way that the student may be individually identified. The state regulations divide the record into two parts: the transcript and the temporary record. The transcript includes only the minimum information necessary to reflect the student's educational progress. This information includes name, address, course titles, grades, credits, and grade level completed. State regulations require the school district to keep a student’s transcript for sixty years after the student leaves the school system.

The temporary record contains the majority of the information maintained by the school about the student. This may include such things as:

• Standardized test results

• School-sponsored extracurricular activities

• Evaluations and comments by teachers, counselors, and other persons

• Disciplinary records

• Other information

The temporary record is destroyed within seven years after the student leaves the school system.

The following is a summary of the major provisions of the Student Record Regulations concerning the rights of parents/guardians and eligible students. Under the regulations, "eligible students" are at least 14 years old or have entered the ninth grade; they may exercise these rights just as their parents/guardians/guardians may:

Inspection of Records

As per federal and state regulations, a parent/guardian or an eligible student has the right to inspect all portions of the student record upon request. 34 CFR §99.10; 603 CMR 23.07(2). The record must be made available within ten days after the request, unless the parent/guardian or student consents to a delay. The parent/guardian or eligible student should submit their request to inspect a record to the school principal/headmaster. The parent/guardian and eligible student have the right to receive a copy of any part of the record, although the school may charge a reasonable fee for the cost of duplicating the materials. 34 CFR §99.11.

The parent/guardian and eligible student may request to have parts of the record interpreted by a qualified professional from the school, or may invite anyone else of their choice to inspect or interpret the record with them.

A student who is 18 years of age may elect to expressly limit his or her parent’s/guardian’s rights with regard to the student’s record except that the parent/guardian will retain the right to inspect the student record at the school without the student’s authorization.

Access Procedures for Non-Custodial Parents/Guardians

As required by M.G.L. c. 71 § 34H and 603 CMR 23.07(5), a non-custodial parent may have access to the student record in accordance with the following provisions.

Parents/guardians who do not have physical custody of their children are eligible to obtain access to the student record unless:

1. The parent’s access to the student or the custodial parent 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.

2. The parent has been denied visitation or, based on a threat to the safety of the child, is currently denied legal custody of the child or is currently ordered to supervised visitation, and the threat is specifically noted in the order pertaining to custody or supervised visitation.

3. A court has issued an order prohibiting the distribution of the student’s record to the non-custodial parent.

Upon receipt of a written request for records from a non-custodial parent, the school will notify the custodial parent. Access will be provided after 21 days unless the custodial parent provides documentation that the noncustodial parent is not eligible to obtain access to the record for any of the reasons set forth above.

Confidentiality of Records

Except where the regulations specifically authorize access by third parties, no individuals or organizations other than the parent, eligible student and school personnel are allowed to have access to information in the student record without the specific, informed, written consent of the parent or eligible student. School personnel may that have access include staff members who work directly with the student, as well as administrative and clerical staff who are employed by or under agreement with the Dover-Sherborn Regional School District and who need access to a record in order to fulfill their duties.

Transfer of Records

Under 603 CMR 23.07(4)(g) consent from a parent or eligible student is NOT required to forward a transferring student’s records to a new school, in which the student seeks or intends to enroll, if the school that the student is leaving provides notice that it forwards student records to the new school when a student transfers. Please be advised that it is the policy of Dover-Sherborn Public Schools to forward a transferring student’s records to a new school without seeking the prior consent of the parent or eligible student.

Amendment of Records

The parent and eligible student have the right to add relevant comments, information, or other written materials to the student record. With certain exceptions relating to insertions by an Evaluation Team (see 603 CMR 23.08(2)), the parent/guardian and eligible student have a right to request, in writing, that information in the record be amended or deleted. They are entitled to meet with the Principal (or the Principal's designee) to discuss their objection to information that is in the record, and to receive a written decision. A parent/guardian or eligible student who is not satisfied with the Principal's decision may appeal the decision to the Superintendent and request a hearing before the Superintendent. 603 CMR 28.09; 34 CFR §99.21.

Destruction of Records

The regulations require school authorities to destroy a student's temporary record within seven years after the student transfers, graduates or withdraws from the school system. Dover-Sherborn Public Schools destroy a student’s temporary record upon a student’s graduation, transfer, or withdrawal from the high school. School authorities are also allowed to destroy misleading, outdated, or irrelevant information in the record from time to time while the student is enrolled in the school system. In each case, the school must first notify the parent/guardian and eligible student and give them the opportunity to receive a copy of any of the information before it is destroyed.

The above is only a summary of some of the more important provisions of the Student Record Regulations that relate to the rights of parents/guardians and eligible students. The Student Record Regulations are included in the Code of Massachusetts Regulations at 603 CMR 23.00. For more detailed information, please review the regulations (copies of which should be available in every public school) and the Questions and Answers Guide published by the Massachusetts Department of Education in 1995.

Directory Information

Pursuant to 603 CMR 23.07 and 34 CFR §99.31(a)(1), Dover-Sherborn Public Schools reserve the right to release 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/guardian. Parents/Guardians and students who object to the release of this information (without their prior written consent) must notify the administration no later than September 7, 2012.

Armed Services Recruiters’ Request for Student Information

“The release of student record information is regulated by the federal Family Educational Rights and Privacy Act (FERPA), which applies to all schools that receive federal funds, and the Massachusetts Student Records Regulations. Both the federal and state student records regulations allow schools to release the names, addresses and telephone listings of students, as well as other ‘directory’ information, without prior parental consent, provided that the school or district publishes notice of its policy to release such information, and notifies parents/guardians and ‘eligible students’ (i.e., students age 14+ or in at least 9th grade) that they may request that this information not be released without their prior written consent. Therefore the release of students’ names, addresses and telephone listings to military recruiters and institutions of higher education without prior consent, as required by NCLB and NDAA, is consistent with FERPA and the Massachusetts Student Records Regulations, provided schools notify parents/guardians and students of their right to request that this information not be released without their prior written consent.” –David P. Driscoll, Commissioner of Education, August 15, 2002

Under sections 23.10(1) of the Massachusetts Student Records Regulations, Dover- Sherborn Public Schools will release the names, addresses, and telephone listings of students to military recruiters and institutions of higher education upon request, as required by federal law, unless the Armed Services Recruiters’ Request for Student Information form has been completed and returned to the main office of the high school.

Right to file a complaint

Parents/Guardians and eligible students have the right to file a complaint concerning alleged failures by the District to comply with the regulations and laws governing student records. Complaints may be filed at the Massachusetts Department of Education, 75 Pleasant Street, Malden, MA 02148. In addition, complaints relative to federal statutes and regulations governing student records may be filed with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington DC.

The regulations apply to all information kept by a school or school district on a student in a way that the student may be individually identified. The regulations divide the record into two parts: the transcript and the temporary record. The transcript includes only the minimum information necessary to reflect the student's educational progress. This information includes name, address, course titles, grades, credits, and grade level completed. The transcript is kept by the school district for at least sixty years after the students leaves the system.