Access to Student Records for Non-Custodial Parents 

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.  Any individual who by court order does not have physical custody of the student is considered a non-custodial parent for purposes of M.G.L. 72, and 34H, 603 CMR 23.07 and this policy.  This includes parents who by court order do not reside with or supervise the student, even for short periods of time.  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 students records to parents who do not have physical custody of their children (“non-custodial parents”).

As required by M.G.L. 72 § 34H, a non-custodial parent may have access to the student record in accordance with the following provisions. 

a. A non-custodial parent is eligible to obtain access to the student record unless:

• The parent has been denied legal custody based on a threat to the safety of the student or to the custodial parent, or

• The parent has been denied visitation or has been ordered 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

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 604 CMR 23.00.

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 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 the 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 M.G.L. 72, §34H, the school shall notify the non-custodial parent that it shall cease to provide access to the student record to the non-custodial parent. 

LEGAL REF.:   M.G.L. 71:34D; 71:34H; 603 CMR 23.07

Adopted:  September 26, 2006

Reviewed; no revisions 8/7/12