| By Mr. O'Leary, a petition (accompanied by bill, Senate, No. 346) of Robert A. O'Leary, Richard T. Moore, Philip Travis, David P. Linsky and other members of the General Court for legislation relative to student records. Education |
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.
Chapter 71 of the General Laws is hereby amended in Section 34H by striking out subsection b and inserting in its place the following subsection:-
(b) The custodial parent must notify the school if the non-custodial parent is not authorized to have access to the child's records pursuant to subsection a of this section, and must also notify the school when any order affecting the non-custodial parent's right to access is given. This notice shall include: a certified copy of the probate court's order or judgment relative to the custody of the child and an affidavit from the custodial parent certifying that the judgment or order remains in effect and that if a temporary protective order is on the record it has not since been amended or removed. The school shall place all custody documents in the student’s records.
SECTION 2. Chapter 71 of the General Laws is hereby amended in Section 34H by striking out subsection c and inserting in its place the following subsection:-
(c) Upon receipt of a request for information by a non-custodial parent, the school shall verify in the student's records that no notice has been filed pursuant to subsection b. If a current court order or judgment is in effect prohibiting the release of such information, the school shall not release any information to the requesting parent unless said parent provides a certified court order that alters the order recorded in the notice to allow for the release of the information.
SECTION 3. Said section is further amended by striking out subsection d.