Chapter 02. Student Records
Regulation .01 Incorporation by Reference.LinkCopy Citation
A system of information on enrollment, attendance, and promotion of students shall be maintained in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual 2020, which is incorporated by reference.
Regulation .02 Purpose.LinkCopy Citation
The provisions of this chapter are intended to preserve the right of students and parents or guardians to:
A.
Have full access to all official records about the student which are maintained by an educational institution or local school system;
B.
Have removed from those records any information about the student which is determined to be inaccurate or misleading;
C.
Enjoy confidentiality and privacy in regard to the disclosure of information contained in those records to outside agencies; and
D.
Provide for efficient student records management.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as §444 of the General Education Provisions Act, 20 U.S.C. §1232g.
(2)
“Directory information” means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed and may include the following information relating to a student:
(a)
The student's name;
(b)
Address;
(c)
Telephone listing;
(d)
Electronic mail address;
(e)
Photograph;
(f)
Grade level;
(g)
Enrollment status, for example, undergraduate or graduate, full-time or part-time;
(h)
Date and place of birth;
(i)
Major field of study;
(j)
Participation in officially recognized activities and sports;
(k)
Weight and height of members of athletic teams;
(l)
Dates of attendance;
(m)
Degrees and awards received;
(n)
The most recent educational agency or institution attended by the student; and
(o)
Other similar information, as defined by the local school system.
(3)
“Disclosure” means permitting access to, or the release, transfer, or other communication of, personally identifiable information contained in student records to any party, by any means, including oral, written, or electronic means.
(4)
“Educational institution” means an individual public school which is regulated by the State Board of Education.
(5)
“Eligible student” means a student who is 18 years old or older or is attending an institution of postsecondary education.
(6)
“Financial aid” means a payment of funds provided to an individual, or a payment in kind of tangible or intangible property to the individual, which is conditioned on the individual's attendance at a local school system or educational institution.
(7)
“Institution of postsecondary education” means an institution which provides education to students beyond the secondary school level.
(8)
“Local school system” means any of the 24 local public school systems in the State.
(9)
“Organization” includes, but is not limited to, federal, State, and local agencies and independent organizations.
(10)
Parent.
(a)
“Parent” means a parent of a student.
(b)
“Parent” includes:
(i)
A natural parent;
(ii)
A guardian; or
(iii)
An individual acting as a parent in the absence of a parent or guardian.
(11)
“Parental consent” means the written permission given by a parent or guardian for the purpose of permitting disclosure of student records.
(12)
“Party” means an
(a)
Individual;
(b)
Agency;
(c)
Institution; or
(d)
Organization.
(13)
“Personally identifiable” means that the data or information includes:
(a)
The name of a student;
(b)
The student's parent, guardian, or other family member;
(c)
The address of the student;
(d)
A personal identifier; such as the student's Social Security number or student number;
(e)
A list of personal characteristics which would make it possible to identify the student with reasonable certainty; or
(f)
Other information which would make it possible to identify the student with reasonable certainty.
(14)
“Recommendation” means descriptive narrative student information associated with a statement regarding postsecondary education, training, or occupational placement, and any responses to ratings, questions, or other items contained on applications for the purpose of this placement.
(15)
“Secondary school level” means the educational level, not beyond grade 12, where secondary education is provided, as determined under State law.
(16)
Student.
(a)
“Student” means an individual who is attending or has attended an educational institution that maintains the student's records or personally identifiable information.
(b)
“Student” does not include an individual who has not been in attendance at the institution.
(17)
“Student records” has the meaning stated in §C of this regulation.
(18)
“Treatment,” for the purpose of §C(3)(d)(iii) of this regulation, does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.
C.
Student Records.
(1)
“Student records” means those records that are:
(a)
Directly related to a student; and
(b)
Maintained by an educational agency or institution or by a party acting for the agency or institution.
(2)
“Student records” includes, but is not limited to:
(a)
Records concerning disciplinary actions taken against students; and
(b)
Records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student and not excepted under §C(3)(c) of this regulation.
(3)
“Student records” does not include:
(a)
Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
(b)
Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;
(c)
Records relating to an individual who is employed by an educational agency or institution that:
(i)
Are made and maintained in the normal course of business,
(ii)
Relate exclusively to the individual in that individual's capacity as an employee, and
(iii)
Are not available for use for any other purpose;
(d)
Records on a student who is 18 years old or older, or is attending an institution of postsecondary education, that are:
(i)
Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's professional capacity or assisting in a paraprofessional capacity,
(ii)
Made, maintained, or used only in connection with treatment of the student, and
(iii)
Disclosed only to individuals providing the treatment; or
(e)
Records that only contain information about an individual after the individual is no longer a student at that agency or institution.
Regulation .04 General Provisions.LinkCopy Citation
A.
Procedures for Administration. Records shall be kept for individual students in accordance with the regulations of the State Board of Education and the Maryland Student Records System Manual.
B.
Confidentiality. Individual student records maintained by teachers or other school personnel under the provisions of this title are to be confidential in nature, and access to these records may be granted only for the purpose of serving legitimate and recognized educational ends. Individual student records, with the exception of records that are designated as permanent, and with other exceptions provided by law, shall be destroyed when they are no longer able to serve legitimate and recognized educational ends.
C.
Access of Records. Records of a student maintained under the provisions of this title, including confidential records, shall be available to that student's parent or parents (noncustodial—see Regulation .30 of this chapter) or legal guardians in conference with appropriate school personnel. For purposes of this regulation, the term “records” does not include an education department employee's personal notes which are not made available to any other person.
Regulation .05 Student Record Keeping.LinkCopy Citation
Student records which are maintained by the public schools of Maryland shall be administered in accordance with the provisions set forth in this chapter. This chapter does not preclude the use of student records with any student by local school system or educational institution staff for guidance or other educational purposes.
Regulation .06 Retention, Disposition, and Destruction of Student Records.LinkCopy Citation
A.
Guidelines and standards for the retention and disposition of student records maintained under this title shall be those adopted in the Maryland Student Records System Manual.
B.
Individual student records not required or specifically regulated by other State or local regulations shall be destroyed when they no longer serve legitimate education purposes, subject to the following exceptions:
(1)
The local school system or educational institution may not destroy any student record if there is an outstanding request to inspect and review them under Regulation .13 of this chapter;
(2)
Explanations placed in the education record under Regulation .15 of this chapter shall be maintained as provided in Regulation .15D of this chapter; and
(3)
The record of access required under Regulation .20 of this chapter shall be maintained for as long as the education record to which it pertains is maintained.
Regulation .07 Review and Updating.LinkCopy Citation
A.
To ensure that student records maintained under this title are relevant and accurate, a local school system and educational institution regulated by the State Board of Education shall provide for review and updating of student records.
B.
Changes in identifying information, results of individual and group standardized tests, and health data shall be made within a reasonable time after these changes occur during the school year.
C.
Review of student records shall occur at least under the following conditions:
(1)
When a student transfers to the next higher organizational unit, such as from elementary to middle school level;
(2)
When a student graduates from high school; and
(3)
When a student withdraws for any other reason.
D.
Each principal of an educational institution shall certify annually in writing to the local superintendent the accuracy of student data maintained in the student records at the educational institution.
Regulation .08 Students' Rights.LinkCopy Citation
A.
For purposes of this regulation, if a student is 18 years old or older, the rights accorded to and the consent required of the parent or guardian of the student shall thereafter only be accorded to and required of the eligible student.
B.
The status of an eligible student as a dependent of the student's parent or guardian does not otherwise affect the rights accorded to and the consent required of the eligible student.
C.
This regulation does not preclude a local school system or educational institution from according to students rights in addition to those accorded to parents or guardians of students.
Regulation .09 Content of Records.LinkCopy Citation
Minimal content of student records is prescribed in the Maryland Student Records System Manual. An educational institution or local school system shall administer the minimally prescribed student data in accordance with the current Maryland Student Records System Manual and other State Department of Education regulations pertaining to student records.
Regulation .10 Annual Notification of Rights.LinkCopy Citation
A.
Each local school system or educational institution shall give parents or guardians of students in attendance or eligible students in attendance at the local school system or educational institution annual notice by such means as are reasonably likely to inform them of their right to:
(1)
Inspect and review the student's records;
(2)
Seek amendment of the student's records that the parent, guardian, or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;
(3)
Consent to disclosures of personally identifiable information contained in the student records, except to the extent that the Act and Regulation .19 of this chapter authorize disclosure without consent; and
(4)
File complaints with the United States Department of Education concerning alleged failures by the local school system or educational institution to comply with the requirements of the Act.
B.
The notice shall include all of the following:
(1)
The procedure for exercising the right to inspect and review student records;
(2)
The procedure for requesting amendment of student records; and
(3)
If the local school system or educational institution has a policy of disclosing student records under Regulation .19A(1) of this chapter, a specification of criteria for determining who constitutes a school official, including a designated law enforcement official, and what constitutes a legitimate educational interest.
C.
A local school system or educational institution of elementary and secondary education shall provide a means to effectively notify:
(1)
Disabled parents or guardians of students or eligible students; or
(2)
Parents or guardians of students or eligible students identified as having a primary or home language other than English.
Regulation .11 Fees for Copies of Student Records.LinkCopy Citation
A.
A local school system or educational institution may charge a fee for copies of student records which are made for the parents or guardians of students, students, and eligible students under this chapter, if the fee does not effectively prevent the parents or guardians and students from exercising their right to inspect and review those records.
B.
A local school system or educational institution may not charge a fee to search for or to retrieve the student records.
Regulation .12 Waivers.LinkCopy Citation
A.
Subject to the limitations in this regulation, a parent or guardian of a student or an eligible student may waive any of his or her rights under §438 of the Act or this chapter. A waiver may not be valid unless in writing and signed by the parent, guardian, or eligible student, as appropriate.
B.
A local school system or educational institution may not require that a parent or guardian of a student, or an eligible student, waive his or her rights under this regulation. This section does not preclude a local school system or educational institution from requesting a waiver.
C.
An individual who is an applicant for admission to an institution of postsecondary education or employment may waive the individual's right to inspect and review confidential letters and confidential statements of recommendation respecting admission to an educational institution, application for employment, or the receipt of an honorary recognition.
D.
A waiver under §C of this regulation may apply to confidential letters and statements only if:
(1)
The applicant is, upon request, notified of the names of all individuals providing the letters or statements;
(2)
The letters or statements are used only for the purpose for which they were originally intended; and
(3)
This waiver is not required by the local school system or educational institution as a condition of admission, employment, or granting of an honor or receipt of any other service or benefit from the local school system or educational institution.
E.
A waiver under §C of this regulation shall be executed by the individual, regardless of age, rather than by the parent or guardian of the individual.
F.
A waiver under this regulation may be made with respect to specified classes of student records, and persons or institutions.
G.
Revocation of Waiver.
(1)
A waiver under this regulation may be revoked with respect to any actions occurring after the revocation.
(2)
A revocation under this regulation shall be in writing.
(3)
If a parent or guardian of a student executes a waiver under this regulation, that waiver may be revoked by the student at any time after the student becomes an eligible student.
Regulation .13 Right to Review and Inspect Educational Records.LinkCopy Citation
A.
Except as limited under Regulation .12 of this chapter, a parent, guardian, or eligible student shall be given the opportunity to inspect and review the student records. This applies to:
(1)
Any local school system or educational institution; and
(2)
A State educational agency and its components.
B.
The local school system or educational agency or institution shall comply with a request for access to student records not more than 45 calendar days after the request has been made. For purposes of this section, a State educational agency and its components:
(1)
Constitute an educational agency or institution; and
(2)
Are subject to this section if the State educational agency maintains student records on students who are or have been in attendance at any school of a local school system, an educational agency, or educational institution subject to the Act and this chapter.
C.
The local school system or educational institution shall respond to reasonable requests for explanations and interpretations of the student records.
D.
If circumstances effectively prevent the parent, guardian, or eligible student from exercising the right to inspect and review the student records, the local school system or educational institution, or State educational agency or its component, shall:
(1)
Provide the parent, guardian, or eligible student with a copy of the student records requested; or
(2)
Make other arrangements for the parent, guardian, or eligible student to inspect and review the requested student records.
Regulation .14 Request to Amend Student Records.LinkCopy Citation
A.
The parent or guardian of a student or an eligible student, who believes that information contained in the student records is inaccurate or misleading or violates the privacy rights of the student, may request that the local school system or educational institution which maintains the records amend them.
B.
The local school system or educational institution shall decide whether to amend the student records in accordance with the request within a reasonable period of time of receipt of the request.
C.
If the local school system or educational institution decides to refuse to amend the student records in accordance with the request, it shall so inform the parent or guardian of the student or the eligible student of the refusal, and advise the parent, guardian, or the eligible student of the right to a hearing.
Regulation .15 Right to a Hearing.LinkCopy Citation
A.
A local school system or educational institution shall, on request, provide an opportunity for a hearing in order to challenge the content of a student's student records to ensure that information in the student records is not inaccurate, misleading, or otherwise in violation of the privacy rights of students. The hearing shall be conducted in accordance with Regulation .16 of this chapter.
B.
If, as a result of the hearing, the local school system or educational institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the student records accordingly and so inform the parent or guardian of the student or the eligible student in writing.
C.
If, as a result of the hearing, the local school system or educational institution decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent, guardian, or eligible student of the right to place in the student records a statement commenting upon the information in the student records setting forth any reasons for disagreeing with the decision of the system or institution, or both.
D.
An explanation placed in the student records under §C of this regulation shall be maintained by the local school system or educational institution as part of the student records as long as the records or contested portion of the records are maintained by the system or institution. If the student records or the contested portion of the records are disclosed by the local school system or educational institution to any party, the explanation shall also be disclosed to that party.
Regulation .16 Conduct of the Hearing.LinkCopy Citation
A.
The hearing required to be held by Regulation .15 of this chapter shall be conducted according to procedures which shall include at least the following elements:
(1)
The hearing shall be held within a reasonable period of time after the local school system or educational institution has received the request, and the parent or guardian of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing;
(2)
The hearing may be conducted by any party, including an official of the local school system or educational institution, who does not have a direct interest in the outcome of the hearing;
(3)
The parent or guardian of the student or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this chapter, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney;
(4)
The local school system or educational institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and
(5)
The decision of the local school system or educational institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
B.
If the decision rendered by the local school administrator is not acceptable to the parent, guardian, or eligible student, appeal can be made according to local procedures.
Regulation .17 Appeal Procedures.LinkCopy Citation
The appeal procedure is processed at the local school system.
Regulation .18 Prior Consent for Disclosure Required.LinkCopy Citation
A.
The parent or guardian of a student or the eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student records, other than directory information, except as provided in Regulation .19 of this chapter.
B.
Whenever written consent is required, a local school system or educational institution may presume that the parent or guardian of the student or the eligible student giving consent has the authority to do so unless the system or institution has been provided with evidence that there is a legally binding instrument or a State law or court order governing such matters as divorce, separation, or custody, which provides to the contrary.
C.
The written consent required by §A of this regulation shall be signed and dated by the parent or guardian of the student or the eligible student giving the consent, and shall include:
(1)
A specification of the records to be disclosed;
(2)
The purpose or purposes of the disclosure; and
(3)
The party or class of parties to whom the disclosure may be made.
D.
The local school system may develop a wide range content statement for the release of all data.
E.
When a disclosure is made pursuant to §A of this regulation, the local school system or educational institution shall, upon request, provide a copy of the record which is disclosed to the parent or guardian of the student or the eligible student, and to the student who is not an eligible student, if so requested by the student's parent or guardian.
Regulation .19 Prior Consent for Disclosure Not Required.LinkCopy Citation
A.
A local school system or educational institution may disclose personally identifiable information from the student records without the written consent of the parent or guardian of the student or the eligible student, if the disclosure is:
(1)
To other school officials, including teachers within the educational institution or local school system, who have been determined by the system or institution to have legitimate educational interests;
(2)
To officials of another school or school system in which the student seeks or intends to enroll, subject to the requirements set forth in Regulation .22 of this chapter;
(3)
Subject to conditions set forth in Regulation .23 of this chapter, to authorized representatives of:
(a)
The Comptroller General of the United States,
(b)
The Secretary,
(c)
The Director of the National Institute of Education, or the Assistant Secretary for Education, or
(d)
State and local educational authorities;
(4)
In connection with financial aid for which a student has applied or which a student has received, if personally identifiable information from the student records may be disclosed only as may be necessary for purposes such as to:
(a)
Determine the eligibility of the student for financial aid,
(b)
Determine the amount of financial aid,
(c)
Determine the conditions which will be imposed regarding the financial aid, or
(d)
Enforce the terms or conditions of the financial aid;
(5)
To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed pursuant to State statute adopted:
(a)
Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released, or
(b)
After November 19, 1974, subject to the requirement of Regulation .26 of this chapter;
(6)
To organizations conducting studies for, or on behalf of a local school system or educational institution for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the:
(a)
Studies are conducted in a manner which will not permit the personal identification of students and their parents or guardians by individuals other than representatives of the organization, and
(b)
Information will be destroyed when no longer needed for the purposes for which the study was conducted;
(7)
To accrediting organizations in order to carry out their accrediting functions;
(8)
To parents or guardians of a dependent student, as defined in §152 of the Internal Revenue Code of 1954;
(9)
To comply with a judicial order or lawfully issued subpoena if the local school system or educational institution makes a reasonable effort (for example, telephone call and have it witnessed, telegram, registered letter, etc.) to notify the parent or guardian of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent, guardian, or eligible student may seek protective action, unless the disclosure is in compliance with:
(a)
A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or
(b)
Any other lawfully issued subpoena has ordered that the existence of the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
(10)
To the court when the local school system or institution initiates legal action against a parent or student, if the local school system or educational institution makes a reasonable effort to notify the parent or eligible student so that the parent or eligible student may seek protective action; or
(11)
To appropriate parties in a health or safety emergency subject to the conditions set forth in Regulation .24 of this chapter.
B.
If a third party fails to destroy information, in violation of §A(6) of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.
C.
This regulation does not require or preclude disclosure of any personally identifiable information from the educational records of a student by a local school system or educational institution to the parties set forth in §A of this regulation.
Regulation .20 Record of Disclosure Required To Be Maintained.LinkCopy Citation
A.
For each request for and each disclosure of personally identifiable information from the student records, a local school system or educational institution shall maintain a record, kept with the student records, which indicates:
(1)
The parties who have requested or obtained personally identifiable information from the student records; and
(2)
The legitimate interests these parties had in requesting or obtaining the information.
B.
Section A of this regulation does not apply to disclosures:
(1)
To a parent or guardian or an eligible student;
(2)
Pursuant to the written consent of a parent or guardian of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made;
(3)
To school officials under Regulation .19 of this chapter;
(4)
Of directory information under Regulation .25 of this chapter; and
(5)
To a party seeking or receiving the records as directed by a federal grand jury or other lawfully issued subpoena and the issuing court or other issuing agency has ordered that the existence or the content of the subpoena or the information furnished in response to the subpoena not be disclosed.
C.
The record of disclosures may be inspected:
(1)
By the parent or guardian of the student or the eligible student;
(2)
By the school official and the official's assistants who are responsible for the custody of the records; and
(3)
For the purpose of auditing the record-keeping procedures of the local school system or educational institution, by the parties authorized in, and under the conditions set forth in, Regulation .19 of this chapter.
Regulation .21 Limitations on Redisclosure.LinkCopy Citation
A.
A local school system or educational institution may disclose personally identifiable information from the student records only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent or guardian of the student or the eligible student, except that the personally identifiable information which is disclosed to an institution, school system, or organization may be used by its officers, employees, and agents, but only for the purposes for which the disclosure was made.
B.
Section A of this regulation does not preclude a local school system or educational institution from disclosing personally identifiable information under Regulation .19 of this chapter, with the understanding that the information will be redisclosed to other parties under this regulation, if the record-keeping requirements of Regulation .20 of this chapter are met with respect to each of those parties.
C.
Section A of this regulation does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas under Regulation .19A(9) of this chapter, or to disclosures of directory information under Regulation .25 of this chapter.
D.
Except for the disclosure of directory information under Regulation .25 of this chapter, or disclosure made pursuant to court orders or subpoenas under Regulation .19A(9) of this chapter, a local school system or educational institution shall inform the party to whom a disclosure is made of the requirement set forth in §A of this regulation.
E.
If a third party improperly rediscloses personally identifiable information from student records in violation of §A of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.
Regulation .22 Conditions for Disclosure to Officials of Other Schools and School Systems.LinkCopy Citation
A.
A local school system or educational institution transferring the student records pursuant to Regulation .19A(2) of this chapter shall:
(1)
Make a reasonable attempt to notify the parent or guardian of the student or the eligible student of the transfer of the records at the last known address of the parent, guardian, or eligible student, except:
(a)
When the transfer of the records is initiated by the parent, guardian, or eligible student at the sending local school system or educational institution, or
(b)
When the annual notification of the local school system or educational institution, formulated under Regulation .10 of this chapter, includes a notice that it forwards student records on request to a school in which a student seeks or intends to enroll;
(2)
Provide the parent or guardian of the student or the eligible student, upon request, with a copy of the student records which have been transferred; and
(3)
Provide the parent or guardian of the student or the eligible student, upon request, with an opportunity for a hearing under Regulations .15—.17 of this chapter.
B.
If a student is enrolled in more than one school, or receives services from more than one school, the schools may disclose information from the student records to each other without obtaining the written consent of the parent or guardian of the student or the eligible student, if the disclosure meets the requirements of §A of this regulation.
Regulation .23 Disclosure to Certain Federal and State Officials for Federal Program Purposes.LinkCopy Citation
A.
This chapter does not preclude authorized representatives or officials listed in Regulation .19A(3) of this chapter from having access to student and other records which may be necessary in connection with the audit and evaluation of federal or State-supported education programs, or in connection with the enforcement of or compliance with the federal legal requirements which relate to these programs.
B.
Except when the consent of the parent or guardian of a student or an eligible student has been obtained under Regulation .18 of this chapter, or when the collection of personally identifiable information is specifically authorized by federal law, any data collected by officials listed in Regulation .19A(3) of this chapter shall be protected in a manner which will not permit the personal identification of students and their parents or guardians by other than those officials. Personally identifiable data shall be destroyed when no longer needed for an audit, evaluation, or enforcement of or compliance with federal legal requirements.
Regulation .24 Conditions for Disclosure in Health and Safety Emergencies.LinkCopy Citation
A.
A local school system or educational institution may disclose personally identifiable information from the student records to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
B.
The factors to be taken into account in determining whether personally identifiable information from the student records may be disclosed under this regulation include the following:
(1)
The seriousness of the threat to the health or safety of the student or other individuals;
(2)
The need for the information to meet the emergency;
(3)
Whether the parties to whom the information is disclosed are in a position to deal with the emergency; and
(4)
The extent to which time is of the essence in dealing with the emergency.
C.
Section A of this regulation shall be strictly construed.
Regulation .25 Conditions for Disclosure of Directory Information.LinkCopy Citation
A.
A local school system or educational institution may disclose personally identifiable information from the student records of a student who is in attendance at the institution or system if that information has been designated as directory information under §C of this regulation.
B.
A local school system or educational institution may disclose directory information from the student records of an individual who is no longer in attendance at the system or institution without following the procedures under §C of this regulation.
C.
A local school system or educational institution which wishes to designate directory information shall give public notice of the following:
(1)
The categories of personally identifiable information which the institution has designated as directory information;
(2)
The right of the parent or guardian of the student or the eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information; and
(3)
The period of time within which the parent or guardian of the student or the eligible student must inform the local school system or educational institution, in writing, that this personally identifiable information is not to be designated as directory information with respect to that student.
Regulation .26 Conditions for Disclosure of Information Concerning Juvenile Services System.LinkCopy Citation
A.
If reporting or disclosure allowed by State statute adopted after November 19, 1974, concerns the juvenile justice system and the system's ability to effectively serve, before adjudication, the student whose records are released, a local school system or educational institution may disclose student records under Regulation .19A(5)(b) of this chapter.
B.
The officials and authorities to whom the records are disclosed shall certify in writing to the local school system or educational institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent or eligible student.
Regulation .27 Local Records Policies Requirement.LinkCopy Citation
A local school system and educational institution shall develop policies regarding the management of student records in accordance with this chapter.
Regulation .28 Education and Health Records.LinkCopy Citation
A system of information shall be maintained on students in accordance with regulations of the State Board of Education and the Maryland Student Records System Manual.
Regulation .29 Rights of Parents to Examine Records.LinkCopy Citation
A.
This chapter does not affect the rights of parents or guardians to examine students' records pursuant to COMAR 13A.05.01.
B.
A local school system or educational institution may presume that either parent or legal guardian of the student has authority to inspect and review the student records unless the local school system or educational institution has been provided with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student records.
Regulation .30 Rights of Noncustodial Parents.LinkCopy Citation
A.
If the parents are separated, divorced, or otherwise living apart, the local school system shall permit both the custodial and noncustodial parent to inspect and review the student records in accordance with Regulation .13 of this chapter except as otherwise provided in §F of this regulation.
B.
If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the local school system shall provide the noncustodial parent copies of the information except as otherwise provided in §F of this regulation.
C.
For purposes of this regulation, “school-related information provided to a custodial parent” means:
(1)
Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on student and parent rights and responsibilities, school newsletters, school calendars, and notices of parent conferences, open houses, and plays; and
(2)
Those student records which are provided to the custodial parent such as report cards, disciplinary notices, and special education notices.
D.
The local school system may require a noncustodial parent, who requests to be provided with copies of school-related information provided to the custodial parent, to:
(1)
Pay a reasonable fee at the beginning of the school year for copying and mailing the documents; or
(2)
Sign an agreement to reimburse the local school system at the end of the school year for the costs of copying and mailing the documents.
E.
The local school system shall waive any fees under §D of this regulation if the noncustodial parent files a notarized statement that the parent is unable to pay the fees.
F.
If the custodial parent provides the local school system with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student's student records or other school-related information, the local school system may not disclose the student records or the school-related information to the noncustodial parent.
G.
Each local school system shall develop a policy and procedure to implement the requirements of this regulation. Information concerning this regulation shall be included in statements on student and parent rights and responsibilities and shall be disseminated to all custodial and identified noncustodial parents at each local school.
Regulation .31 Rights and Remedies Under Other Laws.LinkCopy Citation
A parent or guardian may have additional rights and remedies to inspect and obtain copies of student records and other school-related information under State Government Article, §§10-610—10-628, Annotated Code of Maryland.
Chapter annotations
Authority: Education Article, §2-205(c), Annotated Code of Maryland
History: Effective date: June 2, 1978 (5:11 Md. R. 885)
History: Regulation .05H amended effective May 2, 1988 (15:9 Md. R. 1111)
History: Regulation .12C repealed effective May 2, 1988 (15:9 Md. R. 1111)
History: Regulations .28 and .29 adopted effective May 2, 1988 (15:9 Md. R. 1111)
History: Annotation: COMAR 13A.08.02 cited in Hunter et al. v. Board of Education of Montgomery Co. et al., 292 Md. 481 (1981)
History: Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)
History: Regulation .01-1 adopted effective December 1, 1997 (24:24 Md. R. 1671)
History: Regulation .02 amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .03B amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .05A amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .07N amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .09 amended effective December 1, 1997 (24:24 Md. R. 1671)
History: Regulation .19A amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .20A amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .24A amended effective September 12, 1994 (21:18 Md. R. 1512)
History: Regulation .28 amended effective December 1, 1997 (24:24 Md. R. 1671)
History: Regulations .01—.31 repealed and new Regulations .01—.31 adopted effective September 7, 1998 (25:18 Md. R. 1436)
History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)
History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687)
History: Regulation .07D adopted effective September 11, 2006 (33:18 Md. R. 1506)