Mass. General Laws c.71 § 34I

School district enrollment of students in DCF custody; determinations; transfer of records

This is an unofficial version of a Massachusetts General Law.

Updates

Added by St. 2026, c. 179, § 42, effective November 4, 2026

(a)

Each public elementary and secondary school shall provide the education records of a student in the custody of the department of children and families in a timely and appropriate manner to a case worker or other authorized representative from the department of children and families upon request.

(b)

Upon receipt of notification from the department of children and families, as required by subsection (k) of section 23 of chapter 119, that it has been determined it is not in the best interest of a student to remain at their school district of origin, the new school district of enrollment shall immediately enroll the student even if the student is unable to produce records normally required for enrollment, including, but not limited to: (i) proof of residency; (ii) academic records; (iii) individualized education programs; (iv) discipline records; (v) documents evidencing proof of custody; (vi) identification documents; and (vii) medical, health, and immunization records; provided, however, that schools may require emergency contact information for a student. Immediate enrollment shall not preclude the new school district from requiring or working to obtain outstanding records normally required for enrollment or from requiring records normally required for ongoing enrollment.

(c)

The new school district of enrollment shall immediately request, from the school district of origin, the regularly required enrollment forms and a transfer of any additional education records of the student, including but not limited to: (i) immunization records and other health records possessed by the school; (ii) academic transcripts; (iii) class enrollment history, including any advanced or remedial courses; (iv) attendance records; (v) individualized education program or section 504 plan, as applicable; and (vi) disciplinary records and other records contained in the student’s temporary education record maintained centrally by the school, to the new school district of enrollment. The school district of origin shall transfer such student records immediately and without the prior consent of a parent or guardian, consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

(d)

The board of elementary and secondary education shall promulgate regulations to implement the provisions of this section, including specific timelines for the transfer of education records for students in the custody of the department of children and families. When promulgating regulations under this section, the board shall consider the use of electronic repositories to facilitate the transfer of students’ educational records.

Last updated:	August 6, 2026