SENATE, No. 323

By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 323) of Robert L. Hedlund, Brian P. Lees, Richard R. Tisei, Bruce E. Tarr and other members of the General Court for legislation relative to parental access to educational records of a child enrolled in a public school. Education

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT RELATIVE TO PARENATL ACCESS TO EDUCATIONAL RECORDS OF A CHILD ENROLLED IN A PUBLIC SCHOOL

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Section 34H of chapter 71 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subsections (b) to (h), inclusive, and inserting in place thereof the following five subsections:- 

(b) A parent eligible for information pursuant to this section who wishes to have this information shall submit a written request to the school principal. Upon receipt of a request for information pursuant to this section the school shall immediately notify the custodial parent of the receipt of the request. Notification shall be made by registered, first class mail in both the primary language of the custodial parent and in English. The school may seek reimbursement for the cost of postage from the requesting parent.

(c) At any time the principal of a school is presented with an order of a probate and family court judge which prohibits the distribution of information pursuant to this section the school shall immediately cease to provide said information and shall notify the requesting parent that the distribution of information shall cease.

(d) The principal of each public elementary and secondary school shall designate a staff member whose duties shall include the proper implementation of this section.

(e) Requests for information made pursuant to this section which are made while a permanent protective order restricting access to the custodial parent or to any child in the custodial parent's custody is in effect shall constitute a violation of said protective order and be subject to the applicable penalties.

(f) The department of education shall promulgate regulations to implement the provisions of this section. Said regulations shall include provisions which assure that the information referred to in this section is properly marked to indicate that said information may not be used to support admission of the child to another school.