Policy KBBA: Non-Custodial Parents Rights

As required by Massachusetts General Law Chapter 71, Section 34H, anon-custodial parent may have access to the student record in accordancewith law and Department of Education Regulations. The school districtwill follow the law and the regulations developed by the MassachusettsDepartment of Education to standardize the process by which publicschools provide student records to parents who do not have physicalcustody of their children ("non-custodial parents").

As required by M.G.L. c. 71, º 34H, a non-custodial parent may haveaccess to the student record in accordance with the followingprovisions.

(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 tosupervised visitation, based on a threat to the safety of thestudent and the threat is specifically noted in the orderpertaining 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 temporaryor permanent protective order, unless the protective order (orany subsequent order modifying the protective order) specificallyallows access to the information contained in the student record, or
4. there is an order of a probate and family court judge which prohibitsthe distribution of student records to the parent.

(b) The school shall place in the student’s record documentsindicating that a non-custodial parent’s accessto the student’srecord is limited or restricted pursuant to 603 CMR 23.07(5)(a).

(c) In order to obtain access, the non-custodial parent must submit awritten request for the student record to the school principal.

(d) Upon receipt of the request the school must immediately notifythe custodial parent by certified and first class mail, in English andthe primary language of the custodial parent, that it will provide thenon-custodial parent with access after 21 days, unless the custodialparent provides the principal with documentation that the non-custodialparent is not eligible to obtain access as set forth in 603 CMR 23.07(5)(a).

(e) The school must delete the electronic and postal address andtelephone number of the student and custodial parent from studentrecords provided to non-custodial parents. In addition, such recordsmust be marked to indicate that they shall not be used to enroll thestudent in another school.

(f) Upon receipt of a court order which prohibits the distribution ofinformation pursuant to G.L. c. 71, º34H, the school shall notify thenon-custodial parent that it shall cease to provide access to thestudent record to the non-custodial parent.

LEGAL REF:

MGL 71:34D ; 71:34F ; 71:34H 603 CMR 23.07 (5) Access Procedures for Non-Custodial Parents

Region Voted to Approve: 10/10/06
Amherst Voted to Approve: 11/14/06
Pelham Voted to Approve: 11/02/06
Effective Date: 11/14/06