SENATE, No. 2206

September 26, 2005

The committee on Education to whom was referred the petition (accompanied by bills, Senate, No. 323, Senate, No. 346, House, No. 1065 and House, No. 1083) relative to student records, reported, recommeding that the same ought to pass, with an amendment substituting a new draft (Senate, No. 2206).

Robert A. Antonioni,
For the committee.

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT RELATIVE TO STUDENT RECORDS

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 subsections (a), (b) and (c) and inserting in its place the following subsection:-

(a)                Each public elementary and secondary school shall provide student records, including but not limited to the following information, in a timely and appropriate manner to the parents of a child enrolled in the school if the parents are eligible for information pursuant to this section and request the information in the manner set forth in this section: report cards and progress reports; the results of intelligence and achievement tests; notification of a referral for a special needs assessment; notification of enrollment in a English language learners program established under chapter 71A; notification of absences; notification of illnesses; notification of any detentions; suspensions or expulsion; and notification of permanent withdrawal from school. Each school shall also make reasonable efforts to ensure that other written information that is provided to the custodial parent but not specified in the preceding sentence be provided to the requesting parent if that parent is eligible for information pursuant to this section.  All electronic and postal address and telephone number information shall be removed from information provided pursuant to this section. Receipt of this information shall not mandate participation in any proceeding to which notification pertains nor shall it authorize participation in proceedings and decisions regarding the child's welfare which are not granted through the award of custody. For purposes of this section, any parent who does not have physical custody of a child shall be eligible for the receipt of information unless said parent is currently denied legal custody of the child, denied visitation, or is currently ordered to supervised visitation, based on a threat to the safety of the child , or whose access to their child is currently restricted by a temporary or permanent protective order unless said protective order, or any subsequent order which modifies said protective order, specifically allows access to the information described in this section. All such documents limiting or restricting parental access to a student’s records or information which have been provided to the school or school district, shall be placed in the student’s record.

(b) A parent requesting information pursuant to this section shall submit a written request to the school principal.    

(c) Upon receipt of a request for information pursuant to this section the school shall review the student record for any documents limiting or restricting parental access to a student’s records or information which have been provided to the school or school district and shall immediately notify the custodial parent of the receipt of the request. Notification must be made by registered mail and by first class mail in both the primary language of the custodial parent and in English. The notification shall also inform the custodial parent that information requested pursuant to this section shall be provided to the requesting parent after 21 days unless the custodial parent provides to the principal of the school documentation of any court order which prohibits contact with the child, or prohibits the distribution of the information referred to in this section or which is a temporary or permanent order issued to provide protection to the child in the custodial parent's custody from abuse by the requesting parent unless said protective order or any subsequent order which modifies said protective order, specifically allows access to the information described in this section.  

SECTION 2.

Said section is further amended by striking subsections (d) and (g) in their entirety.