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Restricted Access to School Records

 

In order to learn and develop, all children need to feel safe and be safe at school. This is especially true for children who have suffered from the effects of domestic violence.

Restricting abusive parents' access to school records can provide crucial help for children and their non-abusive parent, at home and at school. Lawfully restricted access can can keep an abusive parent from finding out wherer the child and the non-abusive parent live and where the non-abusive parent works. Lawfully restricted access can keep abusive paretns from undermining the child's education.

Access to school records can only be restricted by court order.

Most "non-custodial" parents are legally entitled to access to their child's school records.& Being a "non-custodial" parent does not mean that the parent is a bad parent. All parents, with a few exceptions, are entitled to access to their children's records whether or not they have custody.

Some abusive parents, even those who are under a restraining order not to contact the other parent (as opposed to the child) are legally entitled to access to school records unless a court order specifically says that they are not.

There is much that school officials, administrators, teachers, and other staff can do to make schools safe for children, including children affected by domestic violence, as well as for non-abusive parents. They can learn about whether and how the school is supposed to provide school records access for individual parents. They can work with parents to understand the effect of each order on parental access to school records. They can adopt strategies to insure compliance with Massachusetts' school records access law.

Massachusetts legal services' Domestic Violence and School Safety Workgroup have produced some information about how the school records access law can help keep children be safe and improve their educational opportunities and also about what schools can do to comply with the law.