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Milford

New rules ease access to school records

Change seen as boon to noncustodial parents

Email|Print| Text size + By Nadia Salomon
Globe Correspondent / November 29, 2007

William Besozzi, chairman of the Milford School Committee, is empathetic to divorced fathers who struggle to get access to their children's report cards or MCAS test scores. That's because he considers himself to be one of them.

After 19 years of marriage, Besozzi and his wife, Susan, decided to call it quits in 2004. Although he and his former wife share joint custody, their two children live with her, making him the noncustodial parent of a fifth-grader and a high school senior. Although he tries to be involved in his children's lives, Besozzi said, gaining access to their school records was challenging, even with his status as an elected official.

"It was very frustrating. I wouldn't get report cards, no notification of parent-teacher meetings. . . . Basically, I wouldn't receive any info at all."

Susan Besozzi disputes that, saying, "He has always had access to his kids' records."

Whether or not Besozzi had access, their disagreement reflects the reality that some divorced parents have difficulty communicating with each other. New state and local regulations aim to make it easier for schools to communicate with each parent separately.

State law was changed last year to ease some of the more strict requirements facing noncustodial parents seeking to gain access to their children's school records, and the change prompted many local districts to update their procedures.

Under Milford's new system, unanimously adopted by the School Committee on Nov. 15, the noncustodial parent simply has to submit a written request for records to the school principal. Previously, the school district's guidelines required the noncustodial parent to submit legal documentation, such as a court order or affidavit, proving their rights to the records. The information had to be resubmitted every year.

What has not changed is that once the request is made, the custodial parent can block access by providing documentation, such as a restraining order, to show that the noncustodial parent does not have a right to the records. The custodial parent has 21 days to file the papers.

In effect, the new regulations make it easier for the noncustodial parent to request records while preserving the rights of the custodial parent to challenge such access.

The change originates with the federal government, which informed the state in 2005 that requiring noncustodial parents to provide documentation that there are no court orders barring them from school records violates their rights as parents.

Superintendent Robert Tremblay said the new rules are fairer.

"It puts the burden of responsibility onto the custodial parent to prove that the noncustodial parent should not have access to the records," he said.

Several parents out shopping on a recent Sunday afternoon said that noncustodial parents should have equal rights.

Ana Milena of Milford is divorced and has custody of her 13-year-old son. She said that it's important for her former husband to have access to every aspect of their son's life, including his school records.

"The problems are between me and my ex-husband," she said. "If he wants to know anything, I have to tell him."

Another Milford mother, Natividad Goncales, agrees. Goncales has four children; three attend Milford High School and one attends Middle School East.

"I think it's important for both parents to have access to their child's school records.

"It has to be fair," she said, and the noncustodial parent "has to have the same right as the other parent."

Lisa Kocian of the Globe staff contributed to this report.

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