603 CMR 23.01 - Application of Rights
603 CMR 23.00 is promulgated to insure parents' and students' rights of confidentiality, inspection, amendment, and destruction of student 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 of age or has entered the ninth grade, both the student and
his/her parent, or either one acting alone, shall exercise these
rights.
(3) If a student is 18
years of age or older, he/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/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, section 34E, the
parent of a student may inspect the student record regardless of the student's
age.
(4) Notwithstanding 603 CMR
23.01(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.
Notes
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