File: JRA-R
STUDENT RECORDS:
Confidentiality and Access to Student Information
Rights of Students and their parent/guardian
Massachusetts state law (603
CMR 230 assigns rights of student records to parents/guardians unless a student
is under the age of 14 and has not yet entered the ninth grade, however notwithstanding
Massachusetts 603 CMR 23.01(1) and 23.01(2), nothing shall be construed to mean
that a school committee cannot extend the provisions of 603 CMR 23.00 to
students under the age of 14 or to students who have not yet entered the ninth
grade. The Shutesbury School Committee does not extend any provisions beyond
what is indicated in state law.
Definition of Terms
The various terms as used in Massachusetts law regarding
student records are defined below and shall apply to this policy.
Access shall mean inspection or copying of a
student record, in whole or in part.
Authorized school personnel shall consist of
three groups:
(a) School administrators,
teachers, counselors and other professionals who are employed by the school
committee or school district or who are providing services to the student under
an agreement between the school district and a service provider, and who are
working directly with the student in an administrative, teaching counseling,
and/or diagnostic capacity. Any such personnel who are not employed directly by
the school district shall have access only to the student record information
that is required for them to perform their duties.
(b) Administrative office staff
and clerical personnel, including operators of data processing equipment who
are either employed by the school district or are employed under a school district
service contract, and whose duties require them to have access to student
records for purposes of processing information for the student record. Such
personnel shall have access only to the student record information that is
required for them to perform their duties.
(c) The Evaluation Team which
evaluates a student.
Eligible student shall mean any student served
by the district (assuming all students are under 14 years of age)
Evaluation Team shall mean the team which
evaluates school-age children pursuant to M.G.L. c. 71B (St. 1972, c. 766) and
603 CMR 28.00.
Parent shall mean a student's father or mother,
or guardian, or person or agency legally authorized to act on behalf of the
student in place of or in conjunction with the father, mother, or guardian.
**Any parent who by court
order does not have physical custody of the student, is considered a non-custodial
parent for purposes of M.G.L. c. 71, § 34H and 603 CMR 23.00. This includes
parents who by court order do not reside with or supervise the student, even
for short periods of time.
Release shall mean the oral or written
disclosure, in whole or in part, of information in a student record.
School-age child with special needs shall
have the same definition as that given in M.G.L. c. 71B (St. 1972, c. 766) and
603 CMR 28.00.
Student shall mean any person enrolled or
formerly enrolled in the Shutesbury School District or any person age three or
older about whom a school committee maintains information. The term as used in
603 CMR 23.00 shall not include a person about whom a school committee
maintains information relative only to that person's employment by the school
committee.
The student record shall consist of the
transcript and the temporary record, including all information recording and
computer tapes, microfilm, microfiche, or any other materials regardless of
physical form or characteristics concerning a student that is organized on the
basis of the student's name or in a way that such student may be individually
identified, and that is kept by the public schools of the Commonwealth. The
term as used in 603 CMR 23.00 shall mean all such information and materials
regardless of where they are located, except for the information and materials
specifically exempted by 603 CMR 23.04.
The temporary record shall consist of all the
information in the student record which is not contained in the transcript.
This information clearly shall be of importance to the educational process.
Such information may include standardized test results, class rank (when
applicable), extracurricular activities, and evaluations by teachers,
counselors, and other school staff.
Party shall mean any person or private or
public agency, authority, or organization other than the eligible student,
his/her parent, or authorized school personnel.
The transcript shall contain administrative
records that constitute the minimum data necessary to reflect the student's
educational progress and to operate the educational system. These data shall be
limited to the name, address, and phone number of the student; his/ her
birthdate; name, address, and phone number of the parent or guardian; course
titles, grades (or the equivalent when grades are not applicable), course
credit, grade level completed, and the year completed.
Collection of Data: Limitations and Requirements
All information and data contained in or added to the
student record shall be limited to information relevant to the educational
needs of the student. Information and data added to the temporary record shall
include the name, signature, and position of the person who is the source of
the information, and the date of entry into the record. Standardized group test
results that are added to the temporary record need only include the name of
the test and/or publisher, and date of testing.
Personal Files of School Employees
The term student record does not include notes, memory
aids and other similar information that is maintained in the personal files of
a school employee and is not accessible or revealed to authorized school
personnel or any third party. Such information may be shared with the student,
parent or a temporary substitute of the maker of the record, but if it is
released to authorized school personnel it becomes part of the student record
subject to all the provisions of 603 CMR 23.00.
Privacy and Security of Student Records
(1) The school principal or his/her designee shall be
responsible for the privacy and security of all student records maintained in
the school.
(2) The superintendent of schools or his/her designee
shall be responsible for the privacy and security of all student records that
are not under the supervision of a school principal, for example, former
students' transcripts stored in the school department's central administrative
offices or student records of school-age children with special needs who have
not been enrolled in a public school.
(3) The principal and superintendent of schools shall
insure that student records under their supervision are kept physically secure,
that authorized school personnel are informed of the provisions of 603 CMR
23.00 and M.G.L. c. 71, § 34H and are educated as to the importance of
information privacy and confidentiality; and that any computerized systems
employed are electronically secure.
Destruction of Student Records
(1) The student's transcript shall be maintained by the
school department and may only be destroyed 60 years following his/her
graduation, transfer, or withdrawal from the school system.
(2) During the time a student is enrolled in a school,
the principal or his/her designee shall periodically review and destroy
misleading, outdated, or irrelevant information contained in the temporary
record provided that the eligible student and his/her parent are notified in
writing and are given opportunity to receive the information or a copy of it
prior to its destruction. A copy of such notice shall be placed in the
temporary record.
(3) The temporary record of any student enrolled on or
after the effective date of 603 CMR 23.00 shall be destroyed no later than
seven years after the student transfers, graduates, or withdraws from the
school system. Written notice to the eligible student and his/her parent of the
approximate date of destruction of the record and their right to receive the
information in whole or in part, shall be made at the time of such transfer,
graduation, or withdrawal. Such notice shall be in addition to the routine
information letter required by 603 CMR 23.10.
(4) In accordance with M.G.L. c 71, section 87, the score
of any group intelligence test administered to a student enrolled in a public
school shall be removed from the record of said student at the end of the
school year in which such test was so administered.
Access to Student Records
(1) Log of Access. A log shall be kept as
part of each student's record. If parts of the student record are separately
located, a separate log shall be kept with each part. The log shall indicate
all persons who have obtained access to the student record, stating: the name,
position and signature of the person releasing the information; the name,
position and, if a third party, the affiliation if any, of the person who is to
receive the information; the date of access; the parts of the record to which
access was obtained; and the purpose of such access. Unless student record
information is to be deleted or released, this log requirement shall not apply
to:
(a) authorized school personnel
under 603 CMR 23.02(9)(a) who inspect the student record;
(b) administrative office staff
and clerical personnel under 603 CMR 23.02(9)(b), who add information to or
obtain access to the student record; and
(c) school nurses who inspect
the student health record.
(2) Access of Eligible Students and Parents. The
eligible student or the parent, subject to the provisions of 603 CMR 23.07 (5),
shall have access to the student record. Access shall be provided as soon as
practicable and within ten days after the initial request, except in the case
of non-custodial parents as provided in 603 CMR 23.07 (5). Upon request for
access, the entire student record regardless of the physical location of its
parts shall be made available.
(a) Upon request, copies of any
information contained in the student record shall be furnished to the eligible
student or the parent. A reasonable fee, not to exceed the cost of
reproduction, may be charged. However, a fee may not be charged if to do so
would effectively prevent the parents or eligible student from exercising their
right, under federal law, to inspect and review the records.
(b) Any student, regardless of
age, shall have the right pursuant to M.G.L. c. 71, section 34A to receive a
copy of his/her transcript.
(c) The eligible student or the
parent shall have the right upon request to meet with professionally qualified
school personnel and to have any of the contents of the student record
interpreted.
(d) The eligible student or the
parent may have the student record inspected or interpreted by a third party of
their choice. Such third party shall present specific written consent of the
eligible student or parent, prior to gaining access to the student record.
(3) Access of Authorized School Personnel. Subject
to 603 CMR 23.00, authorized school personnel shall have access to the student
records of students to whom they are providing services, when such access is
required in the performance of their official duties. The consent of the
eligible student or parent shall not be necessary.
(4) Access of Third Parties. Except for the
provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third party shall
have access to information in or from a student record without the specific,
informed written consent of the eligible student or the parent. When granting
consent, the eligible student or parent shall have the right to designate which
parts of the student record shall be released to the third party. A copy of
such consent shall be retained by the eligible student or parent and a
duplicate placed in the temporary record. Except for information described in
603 CMR 23.07(4)(a), personally identifiable information from a student record
shall only be released to a third party on the condition that he/she will not
permit any other third party to have access to such information without the
written consent of the eligible student or parent.
(a) A school may release the
following directory information: a student's name, address, telephone listing,
date and place of birth, major field of study, dates of attendance, weight and
height of members of athletic teams, class, participation in officially
recognized activities and sports, degrees, honors and awards, and post-high
school plans without the consent of the eligible student or parent; provided
that the school gives public notice of the types of information it may release
under 603 CMR 23.07 and allows eligible students and parents a reasonable time
after such notice to request that this information not be released without the
prior consent of the eligible student or parent. Such notice may be included in
the routine information letter required under 603 CMR 23.10.
(b) Upon receipt of a court
order or lawfully issued subpoena the school shall comply. The school should
make a reasonable effort to notify the parent or
eligible student of the order or subpoena in advance of compliance.
(c) A school may release
information regarding a student upon receipt of a request from the Department
of Children and Families, a probation officer, a justice of any court, or the
Department of Youth Services under the provisions of M.G.L. c. 119, sections
51B, 57, 69 and 69A respectively.
(d) Federal, state and local
education officials, and their authorized agents shall have access to student
records as necessary in connection with the audit, evaluation or enforcement of
federal and state education laws, or programs; provided that except when
collection of personally identifiable data is specifically authorized by law,
any data collected by such officials shall be protected so that parties other
than such officials and their authorized agents cannot personally identify such
students and their parents; and such personally identifiable data shall be destroyed
when no longer needed for the audit, evaluation or enforcement of federal and
state education laws.
(e) A school may disclose
information regarding a student to appropriate parties in connection with a
health or safety emergency if knowledge of the information is necessary to
protect the health or safety of the student or other individuals. This
includes, but is not limited to, disclosures to the local police department and
the Department of Social Services under the provisions of M.G.L. c. 71, section
37L and M.G.L. c. 119, section 51A.
(f) Upon notification by law
enforcement authorities that a student, or former student, has been reported
missing, a mark shall be placed in the student record of such student. The
school shall report any request concerning the records of the such child to the
appropriate law enforcement authority pursuant to the provisions of M.G.L. c.
22A, section 9.
(g) Authorized school personnel
of the school to which a student seeks or intends to transfer may have access
to such student's record without the consent of the eligible student or parent,
provided that the school the student is leaving, or has left, gives notice that
it forwards student records to schools in which the student seeks or intends to
enroll. Such notice may be included in the routine information letter required
under 603 CMR 23.10.
(h) School health personnel and
local and state health department personnel shall have access to student health
records, including but not limited to immunization records, when such access is
required in the performance of official duties, without the consent of the
eligible student or parent.
(5) Access Procedures for Non-Custodial Parents. As
required by M.G.L. c. 71, § 34H, a non-custodial parent may have access to the
student record in accordance with the following provisions.
(a) 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 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.
(b) The school shall place in
the student's record 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).
(c) In order to obtain access,
the non-custodial parent must submit a written request for the student record
to the school principal.
(d) Upon receipt of the request
the school must immediately notify the custodial parent by certified and first
class mail, in English and 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).
(e) The school must delete all
electronic and postal address and telephone number information 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.
(f) Upon receipt of a court
order that prohibits the distribution of information pursuant to 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.
Amending the Student Record
(1) The eligible student or the parent shall have the
right to add information, comments, data, or any other relevant written
material to the student record.
(2) The eligible student or the parent shall have the
right to request in writing deletion or amendment of any information contained
in the student record, except for information which was inserted into that record
by an Evaluation Team. Such information inserted by an Evaluation Team shall
not be subject to such a request until after the acceptance of the Evaluation
Team Educational Plan, or, if the Evaluation Team Educational Plan is rejected,
after the completion of the special education appeal process. Any deletion or
amendment shall be made in accordance with the procedure described below:
(a) If such student or parent is
of the opinion that adding information is not sufficient to explain, clarify or
correct objectionable material in the student record, either student or parent
shall present the objection in writing and/or have the right to have a
conference with the principal or his/her designee to make the objections known.
(b) The principal or his/her
designee shall within one week after the conference or receipt of the
objection, if no conference was requested, render to such student or parent a
decision in writing, stating the reason or reasons for the decision. If the
decision is in favor of the student or parent, the principal or his/her
designee shall promptly take such steps as may be necessary to put the decision
into effect.
Appeals
(1) In the event that any decision of a principal or
his/her designee regarding any of the provisions contained in 603 CMR 23.00 is
not satisfactory in whole or in part to the eligible student or parent, they
shall have the right of appeal to the superintendent of schools. Request for
such appeal shall be in writing to the superintendent of schools.
(2) The superintendent of schools or his/her designee
shall within two weeks after being notified of such appeal (longer should the
appellant request a delay) review the issues presented and render a written
decision to the appellant, stating the reason or reasons for the decision. If
the decision is in favor of the appellant, the superintendent of schools or
his/her designee shall promptly take such steps as may be necessary to put the
decision into effect.
(3) In the event that the decision of the superintendent
of schools or his/her designee is not satisfactory to the appellant in whole or
in part, the appellant shall have the right of appeal to the school committee.
Request for such appeal shall be in writing to the chairperson of the school
committee.
(4) The school committee shall within four weeks after
being notified of such appeal (longer should the appellant request a delay)
conduct a fair hearing to decide the issues presented by the appellant.
(a) School officials shall have
the burden of proof on issues presented by the appellant.
(b) The appellant shall have the
right to be represented by an advocate of his/her choosing, to cross-examine
witnesses, to present evidence, to make a tape or other recording of the
proceedings, and to receive a written decision within two weeks after the
hearing.
(c) If the appeal concerns
statements by an employee of the school committee, such person(s) shall have
the right to be present and to have an advocate of his/her own choosing.
(5) Nothing in 603 CMR 23.00 shall abridge or limit any
right of an eligible student or parent to seek enforcement of 603 CMR 23.00 or
the statutes regarding student records, in any court or administrative agency
of competent jurisdiction.
Notification
(1) At least once during every school year, the school
shall publish and distribute to students and their parents in their primary
language a routine information letter informing them of the following:
(a) The standardized testing
programs and research studies to be conducted during the year and other routine
information to be collected or solicited from the student during the year.
(b) The general provisions of
603 CMR 23.00 regarding parent and student rights, and that copies of 603 CMR
23.00 are available to them from the school.
(2) In those school systems required under M.G.L. c. 71A
to conduct a bilingual program, all forms, regulations, or other documents
regarding 603 CMR 23.00 that a parent receives or is required to receive shall
be in the language spoken in the home of the student, provided that it is a
language for which the school system is required to provide a bilingual
program.
Monitoring
The Department of Elementary and Secondary Education may,
pursuant to a request by an eligible student or parent or on its own
initiative, conduct reviews to insure compliance with 603 CMR 23.00. The school
committee and the specific school(s) involved shall cooperate to the fullest
extent with such review.
Regulatory Authority:
603 CMR 23.00: M.G.L. c. 71, 34D, 34E.
First Reading: 10-17-13
Second Reading, First Vote: 11-21-13
Final Vote: 01/16/14