# COMAR Title 13A — State Board of Education

## Subtitle 08 — Students

### Chapter 07 — Transfer of Educational Records for Children in State-Supervised Care

#### Regulation .02 Definitions.

*COMAR 13A.08.07.02*

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

B. Terms Defined.

  (1) Child in State-Supervised Care.

    (a) “Child in State-supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.

    (b) “Child in State-supervised care” does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, §22-308, Annotated Code of Maryland.

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

  (3) “Education guardian” means the person or entity designated by the court as having educational decision-making authority for the child pursuant to Courts and Judicial Proceedings Article, 3-819(c)(1)(ii), Annotated Code of Maryland.

  (4) “Noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland.

  (5) “Notice” means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated.

  (6) Parent.

    (a) “Parent” means:

      (i) A child's natural parents;

      (ii) A child's adoptive parents;

      (iii) A guardian;

      (iv) A person acting as a parent of a child such as a relative or a stepparent with whom the child lives;

      (v) A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or

      (vi) Any other individual who is legally responsible for a child's welfare.

    (b) “Parent” does not include a social worker or other employee of a public agency who is responsible for the education or care of the child.

  (7) “Placement agency” means:

    (a) A local department of social services;

    (b) The Maryland Department of Health;

    (c) The Department of Juvenile Services; or

    (d) A private agency that:

      (i) Engages in the placement of children in homes or with individuals; and

      (ii) Is licensed by the Social Services Administration under Family Law Article, §5-507, Annotated Code of Maryland.

  (8) “Placement or modification of a placement” means a change of the physical residence of a child in State-supervised care.

  (9) “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll.

  (10) “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling or seeking to enroll in a receiving school.