OMS Parent Student Handbook - Appendix B
Overlook Middle School
Non-Custodial Parents: Access to School Records
As required by M.G.L. c. 71, § 34H, a non-custodial parent may have access to the student record, consisting of information concerning his or her child, including, but not limited to report cards and progress reports, the results of testing, notification of a referral
for a special needs assessment, notification of enrollment in an English Language Learner program, absences, illnesses, detentions, suspensions, expulsions, or withdrawal from school, in accordance with the following provisions:
- A non-custodial parent is eligible to obtain access to the student record unless:
- 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
- the parent has been denied 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, or
- There is an order of a Probate and Family Court judge which prohibits the distribution of student records to the parent.
- The school shall place in the student’s record any 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).
- In order to obtain access, the non-custodial parent must submit a written request for the student record to the school principal.
- Upon receipt of the request, the school must immediately notify the custodial parent by certified and first class mail, in English and in 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).
- The school must delete all electronic and postal address and telephone number 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.
- Upon receipt of a court order which prohibits the distribution of information pursuant to M.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.