Many parents wonder who can access their child’s school records. This is regulated by both federal law and state law. Under federal law, the Family Educational Rights and Privacy Act (FERPA) regulates all issues regarding student records. Under state law, the Code of Massachusetts Regulations (CMR) controls this area.
Those who have access to student records are:
The parents or guardians;
Non-custodial parents under certain restrictions;
The eligible student, if over 14 years old or in 9th grade;
Clerical personnel for clerical reasons;
School personnel providing services to the student (i.e. teachers, counselors, administrators, occupational therapist, speech therapist, etc.);
School personnel who have no access to the student are not authorized without specific, informed written consent.
Third parties (any person or agency other than the eligible student, his/her parents, or authorized school personnel) with specific, informed written consent of the eligible student or parent; and
The school a student is transferring to, as long as notice is given to the student and parents prior to sending the records.
About the Author
Attorney E. Steven Coren has more than 40 years of experience representing individuals and families in personal injury cases, divorce and family issues, and probate litigation. As a civil litigator, he has appeared in most courts in Massachusetts and the United States District Court in Massachusetts. He is an approved mediator for the Middlesex Probate and Family Court and was formerly a Hearing Officer for the Board of Bar Overseers (2006-2012). Attorney Coren is Chair of the firm’s Personal Injury practice group and a founding member of the firm.
The Schoolyard Lawyer: Who has Access to Student Records?
Many parents wonder who can access their child’s school records. This is regulated by both federal law and state law. Under federal law, the Family Educational Rights and Privacy Act (FERPA) regulates all issues regarding student records. Under state law, the Code of Massachusetts Regulations (CMR) controls this area.
Those who have access to student records are:
The parents or guardians;
Non-custodial parents under certain restrictions;
The eligible student, if over 14 years old or in 9th grade;
Clerical personnel for clerical reasons;
School personnel providing services to the student (i.e. teachers, counselors, administrators, occupational therapist, speech therapist, etc.);
School personnel who have no access to the student are not authorized without specific, informed written consent.
Third parties (any person or agency other than the eligible student, his/her parents, or authorized school personnel) with specific, informed written consent of the eligible student or parent; and
The school a student is transferring to, as long as notice is given to the student and parents prior to sending the records.
About the Author
Attorney E. Steven Coren has more than 40 years of experience representing individuals and families in personal injury cases, divorce and family issues, and probate litigation. As a civil litigator, he has appeared in most courts in Massachusetts and the United States District Court in Massachusetts. He is an approved mediator for the Middlesex Probate and Family Court and was formerly a Hearing Officer for the Board of Bar Overseers (2006-2012). Attorney Coren is Chair of the firm’s Personal Injury practice group and a founding member of the firm.
Website developed in accordance with Web Content Accessibility Guidelines 2.2.
If you encounter any issues while using this site, please contact us: 781.997.1600