Student Records/FERPA
The Family Educational Rights and Privacy Act (FERPA) and the Massachusetts Student Records Regulations (“Regulations”) together provide parents and eligible students (those who have reached the age of 14 or who have entered ninth grade) certain rights with respect to the student's education records. Parents and students may obtain a complete copy of their rights under the Massachusetts Student Records Regulations by contacting the Principal.
Definitions
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.
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 birth date; 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.
The right to access a student's education records. Parents or eligible students should submit their request for access to the Principal. Access is generally provided within ten days of a request. However, Massachusetts General Laws c. 71, §34H (“Section 34H”) provides specific procedures that must be followed prior to release of records to a parent who does not have physical custody of a child. These procedures include submitting a written request and other documentation to the principal on an annual basis. Information about these procedures can be obtained from the Principal.
The right to request amendment of the student record. Parents or eligible students should direct their request to the principal, clearly identifying the part of the record they wish to have amended, and why.
The right to consent to disclosures of personally identifiable information contained in the student record, except to the extent that FERPA and the Massachusetts regulations authorize disclosure without consent. One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests in the records. Such school officials include professional, administrative and clerical staff who are employed by or under agreement with the Monomoy Regional School District and who need access to a record in order to fulfill their duties. The Monomoy Regional School District also discloses student records without parent/eligible student consent to officials of other elementary or secondary schools in which a student enrolls, or seeks, intends, or is instructed to enroll upon receipt of a request from such school officials.
In addition, the Monomoy Regional School District has a practice of releasing directory information without consent, including to military recruiters in accordance with the mandates of the No Child Left Behind Act of 2001. Directory information consists of the following: the student's name, address, telephone listing, date and place of birth, major field of study, dates of attendance, weight and height of athletic teams, class, participation in recognized activities and sports, honors and awards, and post-high school plans. In the event a parent or eligible student objects to the release of any of the above information, the parent/eligible student may state that objection in writing to the Principal. Absent receipt of a written objection by October 1, the directory information will be released without further notice or consent.
The right to file a complaint concerning alleged failures by the District to comply with the regulations and laws governing student records: Complaints may be filed at the Massachusetts Department of Education, 350 Main Street, Malden, MA 02148. In addition, complaints relative to federal statutes and regulations governing student records may be filed with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington DC.
Non-custodial Parent Access to Student Records
The Student Record Regulations concerning access to records by non-custodial parents (a parent who does not have physical custody of a student) can be found at 603 CMR 23.07(5). A non-custodial parent may have access to the student record unless the school 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, or
- there is an order of a probate and family court judge which prohibits the distribution of student records to the parent. A time period of 21 days may be implemented before records are released.
Maintenance and Destruction of School Records
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. The student’s temporary record shall be destroyed no later than seven years after the student transfers, graduates, or withdraws from the school system. If a parent wishes to collect the temporary record or any part thereof, he/she must do so within the timeframe.
Learn more and download A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)