Current through Register 1531, September 27, 2024
(1)
Log of
Access. A log shall be kept as part of each student's record. If parts
of the student record are separately located, a separate log shall be kept with
each part. The log shall indicate all persons who have obtained access to the
student record, stating: the name, position and signature of the person
releasing the information; the name, position and, if a third party, the
affiliation if any, of the person who is to receive the information; the date
of access; the parts of the record to which access was obtained; and the
purpose of such access. Unless student record information is to be deleted or
released, this log requirement shall not apply to:
(a) authorized school personnel under
603 CMR 23.02(9)(a)
who inspect the student record;
(b) administrative office staff and clerical
personnel under
603 CMR
23.02(9)(b), who add
information to or obtain access to the student record; and
(c) school nurses who inspect the student
health record.
(2)
Access of Eligible Students and Parents. The eligible student or
the parent, subject to the provisions of 603 CMR 23.07(5), shall have access to
the student record. Access shall be provided as soon as practicable and within
ten days after the initial request, except in the case of non-custodial parents
as provided in 603 CMR 23.07(5). Upon request for access, the entire student
record regardless of the physical location of its parts shall be made
available.
(a) Upon request, copies of any
information contained in the student record shall be furnished to the eligible
student or the parent. A reasonable fee, not to exceed the cost of
reproduction, may be charged. However, a fee may not be charged if to do so
would effectively prevent the parents or eligible student from exercising their
right, under federal law, to inspect and review the records.
(b) Any student, regardless of age, shall
have the right pursuant to M.G.L. c. 71, section 34A to receive a copy of
his/her transcript.
(c) The
eligible student or the parent shall have the right upon request to meet with
professionally qualified school personnel and to have any of the contents of
the student record interpreted.
(d)
The eligible student or the parent may have the student record inspected or
interpreted by a third party of their choice. Such third party shall present
specific written consent of the eligible student or parent, prior to gaining
access to the student record.
(3)
Access of Authorized School
Personnel. Subject to
603 CMR
23.00, authorized school personnel shall have access
to the student records of students to whom they are providing services, when
such access is required in the performance of their official duties. The
consent of the eligible student or parent shall not be necessary.
(4)
Access of Third Parties.
Except for the provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third
party shall have access to information in or from a student record without the
specific, informed written consent of the eligible student or the parent. When
granting consent, the eligible student or parent shall have the right to
designate which parts of the student record shall be released to the third
party. A copy of such consent shall be retained by the eligible student or
parent and a duplicate placed in the temporary record. Except for information
described in 603 CMR 23.07(4)(a), personally identifiable information from a
student record shall only be released to a third party on the condition that
he/she will not permit any other third party to have access to such information
without the written consent of the eligible student or parent.
(a) A school may release the following
directory information: a student's name, address, telephone listing, date and
place of birth, major field of study, dates of attendance, weight and height of
members of athletic teams, class, participation in officially recognized
activities and sports, degrees, honors and awards, and post-high school plans
without the consent of the eligible student or parent; provided that the school
gives public notice of the types of information it may release under 603 CMR
23.07 and allows eligible students and parents a reasonable time after such
notice to request that this information not be released without the prior
consent of the eligible student or parent. Such notice may be included in the
routine information letter required under
603 CMR
23.10.
(b) Upon receipt of a court order or lawfully
issued subpoena the school shall comply, provided that the school makes a
reasonable effort to notify the parent or eligible student of the order or
subpoena in advance of compliance.
(c) A school may release information
regarding a student upon receipt of a request from the Department of Social
Services, a probation officer, a justice of any court, or the Department of
Youth Services under the provisions of M.G.L. c. 119, sections 51B, 57, 69 and
69A respectively.
(d) Federal,
state and local education officials, and their authorized agents shall have
access to student records as necessary in connection with the audit, evaluation
or enforcement of federal and state education laws, or programs; provided that
except when collection of personally identifiable data is specifically
authorized by law, any data collected by such officials shall be protected so
that parties other than such officials and their authorized agents cannot
personally identify such students and their parents; and such personally
identifiable data shall be destroyed when no longer needed for the audit,
evaluation or enforcement of federal and state education laws.
(e) A school may disclose information
regarding a student to appropriate parties in connection with a health or
safety emergency if knowledge of the information is necessary to protect the
health or safety of the student or other individuals. This includes, but is not
limited to, disclosures to the local police department and the Department of
Social Services under the provisions of M.G.L. c. 71, section 37L and M.G.L. c.
119, section 51A.
(f) Upon
notification by law enforcement authorities that a student, or former student,
has been reported missing, a mark shall be placed in the student record of such
student. The school shall report any request concerning the records of the such
child to the appropriate law enforcement authority pursuant to the provisions
of M.G.L. c. 22A, section 9.
(g)
Authorized school personnel of the school to which a student seeks or intends
to transfer may have access to such student's record without the consent of the
eligible student or parent, provided that the school the student is leaving, or
has left, gives notice that it forwards student records to schools in which the
student seeks or intends to enroll. Such notice may be included in the routine
information letter required under
603 CMR
23.10.
(h) School health personnel and local and
state health department personnel shall have access to student health records,
including but not limited to immunization records, when such access is required
in the performance of official duties, without the consent of the eligible
student or parent.
(5)
Access Procedures for Non-Custodial Parents. As required by M.G.L. c. 71,
§ 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:
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(5)(a).
(e) The school must delete all electronic and
postal address and telephone number information relating to either work or home
locations of the 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 that
prohibits the distribution of information pursuant to G.L. c. 71, §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.
