STUDENT RECORDS REGULATIONS
603 CMR 2300 is promulgated by the Board of Education
pursuant to its powers under M.G.L. c. 71 & 34D which directs that “the
board of education shall adopt regulations relative to the maintenance of
student records by the public elementary and secondary schools of the
commonwealth,” and under J.G.L. c. 71 & 34F which directs that “the board
of education shall adopt regulations relative to the retention, duplication and
storage or records under the control of school committees, and except as
otherwise required by law may authorize the periodic destruction of any such
records at reasonable times.” 603 CMR 23.00 was originally promulgated on
February 10, 1975, and was reviewed and amended in June, 1995. 603 CMR is in conformity with federal and
state statutes regarding maintenance of and access to student records, and are
to be construed harmoniously with such statutes.
Application of Rights
603 CMR 23.00 is promulgated to insure parents’ and students’ rights of
confidentiality, inspection, amendment, and destruction of student’s records
and to assist local school systems in adhering to the law. 603 CMR 23.00 should be liberally construed
for these purposes.
1. These rights shall be the rights of the student upon
reaching 14 years of age or upon entering the ninth grade, whichever comes
first. If a student is under the age of 14 and has not yet entered the ninth
grade, these rights shall belong to the student’s parent.
2. If a student is from 14 through 17 years or has
entered the ninth grade, both the student and his or her parent, or either one
acting alone, shall exercise these rights.
3. If a student is 18 years of age or older, he or she
alone shall exercise these rights, subject to the following. The parent may
continue to exercise the rights until expressly limited by such student. Such
student may limit the rights and provisions of 603 CMR 23.00 which extend to
his or her parent, except the right to inspect the student record, by making
such request in writing to the school principal or superintendent of schools
who shall honor such request and retain a copy of it in the student record.
Pursuant to M.G.L. c. 71 & 34E, the parent of a student may inspect the
student record regardless of the student’s age.
4. Notwithstanding 603 CMR 23.0 (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.
Definition of Terms
The various terms as used
in 603 CMR 23.00 are defined below:
Access: shall mean
inspection or copying of a student record, in whole or in part.
Authorized school
personnel: shall consist of three groups:
1. School administrators, teachers, counselors and other
professionals who are employed by the school committee or who are providing
services to the student under an agreement between the school committee 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 committee shall have
access only to the student record information that is required for them to
perform their duties.
2. Administrative office staff and clerical personnel,
including operators of data processing equipment or equipment that produces
microfilm/microfiche, who are either employed by the school committee or are
employed under a school committee 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.
3. The Evaluation Team evaluates a student.
Eligible student: shall mean
any student who is 14 years of age or older or who has entered ninth grade,
unless the school committee acting pursuant to 603 CMR 23.01 (4) extends the
rights and provisions of 603 CMR 23.00 to students under the age of 14 or to
students who have not year entered ninth grade.
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 child in place of or in conjunction with the father,
mother, or guardian. The term as used in 603 CMR 23.00 shall include a divorced
or separated parent, subject to any written agreement between parents or court
in order governing the rights of such parents that is brought to the attention
of the school principal.
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.
School committee: shall
include a school committee, a board of trustees of a charter school, a board of
trustees of a vocational-technical school, a board of directors of an
educational collaborative and the governing body of an M.G.L. c. 71B (Chapter
766) approved private school.
Student: shall mean
any person enrolled or formerly enrolled in a public elementary or secondary
school 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.
Third party: shall mean
any person or private or public agency, authority, or organization other than
the eligible student, his or her parent, or authorized school personnel.
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LEGAL
REFS.: |
Family
Educational rights and Privacy Act of 1974, P.L. 93-380, Amended P.L.
103-382, 1994 M.G.L. 66:10, 71:34A, B, D,
E Board of education Student Record Regulations
adopted 2/10/77 and June 1995 |
File: JRA-R
[Adopted: 12/97]
[Reviewed: September 2003]