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, º 34H, a non-custodial parent may have
access to the student record in accordance with the following
(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 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
(e) The school must delete the electronic and postal address and
telephone number of the student and 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, º34H, the school shall notify the
non-custodial parent that it shall cease to provide access to the
student record to the non-custodial parent.
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