SAMPLE NOTICE TO THE CUSTODIAL PARENT
Non-Custodial Parent Has Requested Student Records per General Laws Chapter 71, Section 34H
NOTE: The statute requires schools to send notice to the custodial parent by first class, certified mail in both the primary language of the custodial parent and in English.
(Name and address of custodial parent) By first class, certified mail
Dear (Name of custodial parent):
Pursuant to Massachusetts General Laws, Chapter 71, Section 34H, a law regarding student records access for non-custodial parents, (insert name of non-custodial parent) has requested the student records of (insert name of child). This request was made on (insert date of request).
In compliance with Section 34H (c) and (d), I am providing you with written notice of this request.
The law requires the school to provide the non-custodial parent with the student record information after 21 days, unless before that date the school or district has been given documentation that:
- 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.
- There is an order of a probate and family court judge which prohibits the distribution of student records to the parent.
Please contact my office if you have any questions. Thank you very much.
(School Principal or Designee)
[Adopted: March 2003]
[Revised: May 2006]
[Revised: May 2008]
[Reviewed: May 2016]