August 2009
Dear Parent,
All parents, with some exceptions, have the right to access and receive copies of their child’s/children’s records. The District requests that divorced parents submit a copy of their custody agreement, parenting plan or custody order so that it is on file with their child’s or children’s respective school or schools.
However, a non-custodial parent, i.e., a parent who does not have physical custody of his/her child, cannot obtain access to the student record if:
The parent has been denied legal custody based on a threat to the safety of the student, or
The parent has been denied visitation or has been ordered to supervised visitation, or
The parent’s access to the student or to 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.
There is an order of a probate and family court judge which prohibits the distribution of student records to the parent.
If the school receives any documents indicating that the non-custodial parent’s access to the student record is limited or restricted pursuant to 603 CMR 23.07 (5) (a), the school shall place this information in the student’s records.
A parent who does not fit into the categories listed in ##1-4 above, but who does not have physical custody of the child, must submit a written request for access to the student record to the school principal in order to obtain access. Upon receipt of the request, the school will 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 access after 21 days, unless the custodial parent provides the principal with documentation that the non-custodial parent is not eligible to obtain access to the student records. The school will delete the electronic and postal address and telephone number of the student and the custodial parent from the student records provided to the non-custodial parents. In addition, the school will mark such records to indicate that they shall not be used to enroll the student in another school or District. Lastly, upon the receipt of a court order which prohibits the distribution of information pursuant to G.L.c. 71, §34H, the school will notify the non-custodial parent that it will cease to provide him or her access to the student record.
If you have any questions or concerns about this matter or others, please do not hesitate in contacting me.
Sincerely,
Marta Guevara
Student Services Administrator