# COMAR Title 13A — State Board of Education

## Subtitle 01 — State School Administration

### Chapter 09 — Correction or Amendment of Public Records

**Authority:** General Provisions Article, §4-502, Annotated Code of Maryland;

**Administrative History:** Effective date: July 24, 2023 (50:14 Md. R. 594)

#### Regulation .01 Scope.

*COMAR 13A.01.09.01*

This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the State Department of Education.

#### Regulation .02 Definitions.

*COMAR 13A.01.09.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

  (2) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

  (3) “Department” means the State Department of Education.

  (4) “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

  (5) “Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland.

#### Regulation .03 Who May Request.

*COMAR 13A.01.09.03*

A person in interest may request that the Department correct or amend any public record that:

A. The Department keeps; and

B. The person in interest is authorized to inspect.

#### Regulation .04 Contents of Request.

*COMAR 13A.01.09.04*

A. A person in interest shall make a request to correct or amend a public record in writing.

B. The request shall:

  (1) Identify the public record to be corrected or amended;

  (2) State the precise correction or amendment requested;

  (3) State the reason for the correction or amendment; and

  (4) Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.

#### Regulation .05 Who May Request Public Records.

*COMAR 13A.01.09.05*

Any person may request to inspect or copy public records of the Department.

#### Regulation .06 Return of Nonconforming Request.

*COMAR 13A.01.09.06*

A. The Department shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.

B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with:

  (1) An explanation of the reason for the return; and

  (2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.

#### Regulation .07 Contents of Written Request.

*COMAR 13A.01.09.07*

A written request shall:

A. Contain the applicant's contact information; and

B. Reasonably identify, by brief description, the public record sought.

#### Regulation .08 Response to Refusal of Request—Statement of Disagreement.

*COMAR 13A.01.09.08*

If the Department refuses to make a requested correction or amendment, a person in interest may file with the Department a concise statement of the reasons for:

A. The requested correction or amendment; and

B. The person’s disagreement with the refusal of the Department to make the correction or amendment.

#### Regulation .09 . Requirements for Statement of Disagreement.

*COMAR 13A.01.09.09*

The statement submitted under Regulation .08 of this chapter shall:

A. Be on pages not larger than 8-1/2 by 11 inches;

B. Use only one side of each page; and

#### Regulation .10 Disclosure of Statement of Disagreement.

*COMAR 13A.01.09.10*

If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party.

#### Regulation .11 Administrative Review.

*COMAR 13A.01.09.11*

A. A person may request administrative review under this regulation if the Department:

  (1) Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;

  (2) Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or

  (3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.

B. A request for review shall be filed with the State Superintendent within 30 days after the requester is advised of the Department’s action.

C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.