Student Records

Student Records

(All the rights associated with the student records are contained in Massachusetts State Regulations 603 C.M.R.23.00)

The student record consists of the child’s transcript and temporary record and includes, among other things, record of the student’s special education eligibility and/or program. There are several rights relating to the student’s record. Parents, and under certain circumstances, the child, have a right to inspect and review any and all records relating to the student which are collected, maintained, or used by the school district. If the child’s record includes information regarding another child, the parents have a right to inspect or review only the information relating to their child. The school district will only limit parents’ access to the student records if the school district has received legal documentation that limits a parent’s authority in this regard (for example, a divorce or custody decree that limits a parent’s access to information about his/her child).

Students Transferring Between School Districts (Information taken from 2007 LRP Publications, IDEA 2004 Guidebook; page 5-9):

When a student with a disability transfers from one school district to another in an academic year, the new school district must provide the student with a FAPE. If a student transfers from another school district in the same state, the school district must provide a FAPE comparable to that described in the previously developed IEP, in consultation with the student’s parents, pending the adoption of the previous IEP or the development and implementation of a new IEP. If a student transfers from a school district in another state, the school district should conduct an evaluation, if necessary, and develop a new IEP if appropriate.

To facilitate the student’s transition from one school district to another (in state or out-of-state), the new school district must take reasonable steps to promptly obtain the student’s pupil records. These records include: (1) the student’s IEP; (2) supporting documents; and (3) any other records relating to the provision of special education or related services to the student. In obtaining the pupil records, the new school district must comply with the requirements of the Family Educational Rights and Privacy Act (FERPA). The previous school district must take reasonable steps to promptly respond to the requests of the new school district.

In Lunenburg, the Special Services Office will facilitate the transfer, or obtaining, of special education records. If any teacher knows of a new student in the district who may have received special education, please call the Special Services Office.

Access to the Student Record:

The school district is required to keep a record of all parties who have inspected reviewed or had access to a student’s record. This log of access will be maintained in each student record file. It will contain all the information required from the Student Records Regulations. If you maintain separate records, be sure to maintain logs for each record. This log does not apply to Lunenburg Public School employees who are working with the student. Staff that has direct contact with the child (teachers, counselors, etc) need not sign this log to review or otherwise use the files.

Fees:

One copy will be given free of charge, additional copies will be made at the parent(s) expense of $.05 a page. However, parents are not charged a fee for copies if to do so would effectively prevent the parents from exercising their right to inspect and review the records.

The Student’s Right of Access:

Students who are 14 years old or in the ninth grade have all the rights that parents have under the Student Record Regulations. If a student is from 14 through 17 years old, or has entered ninth grade, both the student and his/her parents, acting alone or together, may exercise these rights. Once the student turns 18, the rights accorded parents under Student Record Regulations, become those of the student. However, parents may continue to exercise those rights unless the student makes a written request to the principal or superintendent to prevent them from doing so. Should the child make such a request, parents will not retain the right to review his/her records.

Review of the Student Record:

If the parents ask to review the student record, the school must allow them access without any unnecessary delay and, in any event, no later than ten school days after their request, unless parents have agreed to a longer period of time. Parents’ right to inspect or review the student’s record include the right to do so before any meeting regarding an IEP or due process hearing relating to the identification, evaluation or program placement of their child. A member of the office staff has to witness the perusal of the folder. Parents’ rights to inspect and review student records include the right to:

a) Meet with qualified school personnel to have the student’s record interpreted.

b) Have a representative inspect, review and interpret their child’s record upon receipt of written request.

c) Upon request for access, the entire student record regardless of the physical location of its parts shall be made available.

d) Copies of any information contained in the student record shall be furnished to the eligible student or the parent. This shall be provided as soon as practicable and within ten calendar days after the initial request, except in the case of non-custodial parents as provided in 603 CMR 23.07 (5).

Amending the Student Record:

Parents have the right to add information, comments or data to the student record. Parents may request that their child's record be amended. This request should always be in writing to the Director of Special Services, identifying the item or items specifically. If the request is to change information inserted by a Team meeting, the request cannot be honored until either the IEP is accepted OR the appeals process is exhausted (if the IEP is rejected). The Director of Special Services shall meet with the parent or student (if 18) and ascertain the need for amending the record. Then, within one school week after receiving this in writing, the Director shall inform the parent, in writing, of the action taken, or if the request is denied, the reasons for the denial.

Destruction of Student Records:

Special Education records are considered a temporary record and will follow the student throughout their school career. There is no need for teachers to keep records about a student after he/she moves to the next grade or teacher. Any records a teacher has should be forwarded on to the new teacher each school year. When the student graduates, ages out, transfers, or withdraws from Lunenburg Public Schools the student's file will be given to the student/parent or maintained for up to seven years UNLESS the child's program is federally funded and undergoing an audit. If an audit is in process, the student's file (especially the IEP) will be maintained until the audit is ended, and all appeals have been satisfied. The entire audit process should be resolved before these student files are destroyed. No special education student files should be destroyed without approval from the Director of Special Services. The High School Guidance Department keeps the student’s permanent record. They can be contacted directly for transcripts which are maintained by the district for at least 60 years following their graduation, transfer or withdrawal from Lunenburg Public Schools.

The Massachusetts Student Record Regulations authorize public school districts to destroy student records within seven years of a student’s graduation, transfer or withdrawal from the school district. In the Special Services Office, the records that are destroyed include, but are not limited to, documentation contained within a student’s temporary student record (e.g. special education records).

Massachusetts regulations require that the district provide prior written notice of its intent to destroy student records and that individuals be given with an opportunity to obtain all records to be destroyed. In Lunenburg Public Schools, notices are placed in the local newspaper and letters are also sent to the last known address of the student/parent(s).

If you have any questions regarding the destruction of records, you may contact Julianna Hanscom, Director of Special Services for the Lunenburg Public Schools, at (978) 582-4100 ext. 5213. For additional information regarding your/your child’s rights in regard to student records, you may contact: Department of Elementary and Secondary Education, 75 Pleasant St., Malden, MA 02050, phone 781-338-3300.

Students in Private/Parochial/Other Schools:

Records for students in parochial/private/other schools shall not be the responsibility of the school principal, the Special Services Office, or any other school official, unless there has been some special arrangement for placement of that student at that school. Each case shall be considered individually. Normally, the schools maintain all students’ records at the vocational-technical schools. The Special Services Office maintains special education records for students in out-of-district programs that are funded by the district.

Consent to Release Information:

Except for non-personally identifiable information, no information shall be released from a student record to a third party unless agreed to, in writing, by the parent or student over 18. Under no circumstances shall special education information be released unless the parent/student approves or court ordered. This includes, but is not limited to: DCF, DDS, DMH, Mass Rehab, courts, advocates, doctors and others. A written Consent Form should always be used to gain permission to release information about a student. Both parents have a right to access information on their child, however if a non-custodial parent seeks information from the student’s records the proper paperwork must be completed prior to releasing the information (see below). Unless parents make the school aware that information must be sent to two addresses (in cases of divorce, etc.), the school shall only be obligated to send information to the address listed on student records.

Access Procedures for Non-Custodial Parents:

A non-custodial parent is a parent with whom the child does not reside. If the parents live apart but have any kind of “shared physical custody” of the child, this process (Section 34H) does not apply.

In accordance with Massachusetts General Laws c. 71, section 34H and 603 CMR 23.07 a non-custodial parent may have access to their child’s records if the following occur:

• The non-custodial parent provides the school with a written request for records*

• Once the above information is provided, the school must notify the custodial parent by certified mail and first class U.S. mail, in English and the primary language of the custodial parent, of the request. The custodial parent has 21 days to protest the request and submit legal documentation that would deny the rights of the non-custodial parent rights to the record. If the non-custodial parent’s rights are not protested, the school will delete all electronic and postal address and telephone number information relating to either work or home locations of the custodial parent from the student’s school record and forward the record to the non-custodial parents. These records cannot be used to register a student in a new school

*The non-custodial parent only has to submit a request once, not annually.