Bill would improve parental access to school records
BOSTON - Sam Kopper of Hingham wanted to take a look at his daughter's school records.
But because he is a non-custodial parent, he did not, under state law, have ready access to his child's class schedule and report card. He had to file papers proving that he had not abused his child and that his ex-wife had never taken out a restraining order against him.
Kopper thought the law placed an undue burden on non-custodial parents trying to stay involved in their children's lives.
"The current law is inconvenient at least and unconstitutional and obnoxious at worst," he said.
The Legislature is considering overhauling that law by passing a bill that would give non-custodial parents easier access to school records.
"It's one of those rare instances in Massachusetts where a constituent took a fight to Beacon Hill and won," said Sen. Robert Hedlund, R-Weymouth, a chief sponsor of the bill. "Other legislators had constituents with similar frustrations, and the bill gained momentum as a result."
In May, the movement gained the support of the federal government. The U.S. Department of Education sent a letter to David P. Driscoll, the state commissioner of education, saying the law conflicted with federal requirements and violated the rights of non-custodial parents.
A bill that combines what Hedlund proposed and similar legislation filed by Sen. Robert O'Leary, D-Barnstable, recently won unanimous Senate approval.
Under the current law, if a non-custodial parent files a request for school records, the school cannot release the records until the custodial spouse has been notified.
The law was an attempt to help protect children from abusive parents who might seek school records against the wishes of the custodial spouse.
Jane Doe Inc., an organization that works to combat domestic violence and sexual assault, pushed for changes in the original bill. A spokesman said the group now supports the proposed changes in the law.
"It's been a learning process for us on legislative redrafting," said Layla D'Emilia-Shepherd, a senior policy analyst for Jane Doe Inc.
Matt Lynch may be reached at mlynch@ledger.com.