If my Probate Court order states the following – Does wording in CMR 23.07 over ride it?
9. Each parent may, without further permission of the other, have full and complete access to educational information relative to the children, and for the purpose of M.G.L., Chapter 71, Section 34H, each parent shall be treated as the custodial parent of said Children, and neither parent shall be required to request educational information in conformance with said M.G.L., Chapter 71, Section 34H. Each parent may, without further permission of the other review all medical and dental and other reports or written communications concerning the welfare of the Children and consult with individuals providing medical, psychological, dental or educational services for the children and neither party shall take any action which undermines or contradicts the foregoing, Each may also exercise sole authority and responsibility for decisions concerning the daily living needs and care of the Children while in their physical care.
Non-Custodial Parent Access to Student Records
CMR is an abbreviation for “Code of Massachusetts Regulations.” The Code of Massachusetts Regulations are rules created by Massachusetts State Agencies pursuant to Massachusetts General Law (M.G.L. chapter 30A), The Administrative Procedures Act. These administrative rules have the same force of law as a Massachusetts General Law. The most current complete version of the CMR is from 1987. Each state agency is assigned a three-digit title number by the Secretary of State.
Each state agency’s regulations are published in the Massachusetts Register as the regulation is made, and then can be inserted into the appropriate section of the 25 volume, loose leaf CMR. Regulations are cited in the form “ ’title number’ CMR ‘section number’.” The one you refer to would therefore be cited as “603 CMR 23.07,” and this would be the procedure for a non-custodial parent to access student records.
However, the paragraph from your Probate and Family Court order states that for the purposed of the Massachusetts General Law 71, Section 34H, and therefore the Code of Mass Regulations created pursuant to this law (603 CMR 23.07), both parents are to be considered custodial parents. This means that the intent of the order was to not have the portion of 630 CMR 23.07 that applies to non-custodial parents apply to either parent in your case. In other words each parent has access to school records as a custodial parent.