State
education officials plan to
ask for the repeal of a statute
that has forced many divorced
fathers to prove they are
not dangerous before they
can receive their child's
report card, which may include
a former spouse's address.
The move
was prompted by federal
authorities who, after being
contacted by a local father,
said the law was discriminatory
and put Massachusetts in
jeopardy of losing federal
funds.
Within
the next two months, Education
Commissioner David P. Driscoll
will come up with a new
policy that will treat divorced
parents more fairly, while
still protecting parents
who have legitimate reasons
to worry that former spouses
could use student records
to locate and harm
the family, said spokeswoman
Heidi Perlman.
Perlman
said the commissioner has
always understood ''the
spirit" of the current
law, but agrees with officials
at the US Department of
Education that the existing
statute ''went too far."
''We're
pleased to be in a position
to adjust this law,"
Perlman said.
Some advocates
for divorced fathers have
been lobbying against the
law since it was passed
seven years ago, arguing
that it treated noncustodial
parents unfairly.
The current
law applies to any noncustodial
parent, who is typically
a divorced or unmarried
father who does not have
joint legal physical custody
of the child but often has
visitation rights. In order
to see their child's educational
records, these parents have
to show school administrators
written proof, through court
records or affidavits, that
they pose no danger to the
former spouse or child.
The process
has to be repeated each
year.
''It's
a guilty until proven innocent
law," said Ned Holstein,
who heads Fathers &
Families, a Boston-based
fathers' advocacy group.
The state
law came under scrutiny
by federal education officials
after they received a complaint
from a divorced father from
Milford who had been initially
barred last summer from
seeing his 17-year-old daughter's
academic class schedule.
The father,
Henry Fassler, said he had
long been angered by the
1998 statute that created
what he called extensive
''hoops" for divorced
fathers to see their children's
school records.
He said
the law was initially the
brainchild of some fathers'
rights advocates who wanted
a law spelling out the rights
of parents to see school
records related to their
children.
But after
battered-women's groups
lobbied for changes, the
measure was amended to include
distinctions between custodial
and noncustodial parents
and legal proof of parent
safety. These changes, Fassler
said, transformed the law
into an ''abuse-prevention
bill."
Indignant
as he was, Fassler said
he didn't complain at his
daughter's school, worried
that another child still
in elementary school might
be embarrassed if he made
a scene. Plus, Fassler said,
his former wife, with whom
he shares a positive relationship,
voluntarily gave him access
to all the records that
she received.
''I was
getting them anyway, so
I figured why start trouble,"
said Fassler, 62, who works
as a dentist in Wellesley.
But last
August, when his daughter
had a problem with her high
school academic schedule,
Fassler called the school
to see her class list. When
school officials balked
on grounds that he was a
noncustodial father, Fassler's
anger over the law was renewed.
He said his daughter, now
old enough to understand
the inequities, agreed that
he had to speak his mind.
This led
to his crusade to scrutinize
the federal and state laws,
prompting him to contact
the Family Policy Compliance
Office at the US Department
of Education.
On May
6, LeRoy S. Rooker, director
of the federal office, wrote
a letter to Massachusetts
education officials, saying
their law violates federal
rules allowing parents access
to student records.
In his
letter to Driscoll, the
federal official said every
state must allow parents
the right to see educational
records involving their
children unless provided
court orders or laws that
''specifically revokes these
rights."
Nancy Scannell,
director of government affairs
for Jane Doe Inc., a nonprofit
group that works to reduce
domestic violence, who helped
draft the 1998 bill, said
she understands the legal
concerns raised by federal
officials and will eagerly
participate in any discussion
to rewrite the bill. But
she emphasized that many
fathers' advocates were
at the negotiation table
when the current bill was
written, and women's groups
like hers did not ''hijack"
the legislation in any way.
Scannell
said she understands that
all parents want to be involved
in their children's education
and desire access to records,
but that wish needs to be
balanced against other parents'
legitimate safety concerns.
''We may
need to revisit the method,"
she said. ''But our intent
was always a good one."
Threatening to take away Federal
Funding wakes up State Officials