# COMAR Title 13A — State Board of Education

## Subtitle 08 — Students

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

**Authority:** Education Article, §§2-205, 2-206, 4-122, 7-101, and 8-501—8-506, Annotated Code of Maryland

**Administrative History:** Effective date: August 28, 2006 (33:17 Md. R. 1437)

**Administrative History:** Regulation .02B amended effective June 2, 2008 (35:11 Md. R. 1042)

**Administrative History:** Regulation .03-1 adopted effective June 2, 2008 (35:11 Md. R. 1042)

**Administrative History:** Regulation .03-1 amended effective February 18, 2013 (40:3 Md. R. 219)

**Administrative History:** Regulation .03-2 adopted effective June 2, 2008 (35:11 Md. R. 1042)

**Administrative History:** Regulation .03-3 adopted effective June 2, 2008 (35:11 Md. R. 1042)

**Administrative History:** Regulation .03-4 adopted effective June 2, 2008 (35:11 Md. R. 1042)

**Administrative History:** Regulation .06 adopted effective January 7, 2016 (42:26 Md. R. 1596)

#### Regulation .01 Purpose.

*COMAR 13A.08.07.01*

The purpose of this chapter is to promote the education and well-being of children in State-supervised care by facilitating:

A. The prompt enrollment of, placement of, and provision of appropriate services to children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and

B. The prompt transfer of the educational records of 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.

#### Regulation .03 General Provisions.

*COMAR 13A.08.07.03*

A. Notice of Enrollment or Imminent Enrollment.

  (1) Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

  (2) The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

B. Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall:

  (1) Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;

  (2) Request, in writing, the educational records of the child in State-supervised care from the sending school;

  (3) Provide a copy of the request made under §B(2) of this regulation to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and

  (4) Inform the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care of the rights set forth in this regulation.

C. After receiving notice under §B of this regulation, a sending school shall:

  (1) Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;

  (2) Immediately inform the receiving school orally of the status of the child in State-supervised care under §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq. or under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and

  (3) Within 3 school days following receipt of notice from the receiving school, send by regular first-class mail or transmit electronically to the receiving school a copy of:

    (a) A completed student withdrawal or transfer record of a child in State-supervised care;

    (b) The academic records of a child in State-supervised care;

    (c) The discipline records of a child in State-supervised care;

    (d) The immunization records of a child in State-supervised care; and

    (e) If applicable, the most recent individualized education program or Section 504 plan and the most recent assessment of a child in State-supervised care.

D. Notwithstanding §C(3) of this regulation, a placement agency or school employee may hand carry the documents listed in §C(3) of this regulation from a sending school to a receiving school.

E. Nothing in this chapter shall be construed as diminishing the right of a birth parent of a child in State-supervised care to participate in the educational decision making for the child.

#### Regulation .03-1 Enrollment Process.

*COMAR 13A.08.07.03-1*

A. The persons authorized to enroll a child in State-supervised care in school are:

  (1) A parent, as defined in Regulation .02B(6) of this chapter;

  (2) A placement agency caseworker;

  (3) A foster parent, even if the foster parent has not been granted limited guardianship for educational decision making;

  (4) A formal kinship care provider;

  (5) A parent surrogate;

  (6) An education guardian;

  (7) A residential child care program representative;

  (8) The student, if the student is 18 years old or older;

  (9) A court-appointed special advocate; or

  (10) A court-appointed attorney.

B. At the time of enrollment, the person enrolling the child shall:

  (1) Present documentation to the receiving school that identifies the person as authorized under §A of this regulation to enroll a child;

  (2) Present photo identification; and

  (3) Complete a form requesting the enrollment of the student, if the receiving school so requires.

C. Notwithstanding any other enrollment documentation requirements of the receiving school, the receiving school may not require the person enrolling the child to present more than the following:

  (1) Proof that the child is in State-supervised care, with acceptable documents including:

    (a) Those parts of the most recent court order that establish legal custody; or

    (b) A letter on the letterhead of the placement agency that has custody of the child explaining that the child is in State-supervised care; or

    (c) The receiving school system’s enrollment form signed by a representative of the State Agency having jurisdiction over the child.

  (2) Proof of the residency of the child in one of the following ways as chosen by the person authorized under §A of this regulation to enroll the child:

    (a) A letter from the placement agency with custody of the child, verifying the address of the child's residence, and one of the documents from one of the following groups:

      (i) A currently dated (within 3 months of the date of enrollment) lease, rent receipts, deed, or property tax bill; or

      (ii) A currently dated (within 3 months of the date of enrollment) gas and electric bill, water bill, cable bill, online computer services bill, noncellular phone bill; or

    (b) The documentation of residency required by the receiving school.

D. It is and remains the responsibility of the sending school system to establish and confirm the residency of the child’s parent or guardian.

E. Until the sending school system establishes that the child’s parent or guardian has moved out of the sending school system, the parent or guardian is presumed to reside in the sending school system.

F. The Prince George's County Public School System, pursuant to Education Article, §7-102, Annotated Code of Maryland, may require that a disclosure affidavit be presented at the time of enrollment.

G. Upon receipt of the documentation required under §C of this regulation, the receiving school shall enroll the child immediately, if possible, but not later than 2 school days from the date of receipt of the documentation.

H. If not already disenrolled from the sending school, the child is considered disenrolled upon enrollment at the receiving school.

#### Regulation .03-2 Record-Sharing Process.

*COMAR 13A.08.07.03-2*

A. Pursuant to the requirements of Regulation .03B of this chapter, the receiving school shall request the child's educational records from the sending school.

B. Pursuant to the requirements of Regulation .03C of this chapter, the sending school shall send the complete student record as described in the Maryland Student Records System Manual.

C. If the sending school does not have or does not provide the records and the placement agency has access to them, the placement agency shall provide to the receiving school:

  (1) If applicable, the IEP or Section 504 Plan;

  (2) Immunization records;

  (3) If applicable, a blood lead testing certificate;

  (4) A birth certificate or other proof of age; and

  (5) Health records that are educationally relevant.

D. If the placement of the child changes during the school year and the child's new address remains within the school boundaries, the placement agency caseworker shall send a letter to the school providing the new address, contact information, and any other relevant information.

#### Regulation .03-3 Post-Enrollment Educational Decision Making.

*COMAR 13A.08.07.03-3*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “General education decisions” means decisions involving nonspecial education services, including, but not limited to:

      (i) Field trip authorization;

      (ii) Parent-teacher conferences;

      (iii) Signing report cards;

      (iv) Guidance office matters;

      (v) Choice of academic programs and courses;

      (vi) Career program choices;

      (vii) Testing authorization;

      (viii) Special programs authorization, for example, for sex education or armed forces recruiting;

      (ix) Choice of magnet school or other nonzoned schools;

      (x) School health-related decisions;

      (xi) School discipline;

      (xii) Sports and other extracurricular participation; and

      (xiii) Parental options under No Child Left Behind.

    (b) “Parent surrogate” has the meaning stated in Education Article, §8-412(a)(6), Annotated Code of Maryland.

    (c) “Special education decisions” means all decisions relating to identification, evaluation, educational placement, or discipline of a child with a disability as defined in Education Article, §8-401, Annotated Code of Maryland.

B. General Education Decision Making.

  (1) The persons authorized to make general education decisions are:

    (a) A natural parent, if the natural parent retains educational decision-making authority; or

    (b) The placement agency caseworker, or person designated by the caseworker, such as:

      (i) A parent, as defined in Regulation .02B(6) of this chapter;

      (ii) An education guardian;

      (iii) A formal kinship care provider;

      (iv) A residential child care program representative; or

      (v) A treatment foster care caseworker.

  (2) Within 10 days of enrollment in school of the child in State-supervised care, the placement agency caseworker with care and custody of the child shall identify and provide contact information to the receiving school concerning which person listed in §B(1) of this regulation is:

    (a) The primary decision maker for general education decisions; and

    (b) The secondary decision maker if the primary decision maker is unavailable.

  (3) The local school system shall maintain in the student's school record the information provided §B of this regulation.

C. Special Education Decision Making.

  (1) The persons authorized to make special education decisions is the parent surrogate or the parent as defined in Regulation .02B(6) of this chapter.

  (2) The local superintendent shall appoint a parent surrogate in compliance with the requirements and timelines set forth in Education Article, §8-412, Annotated Code of Maryland.

  (3) The local school system shall maintain all parent surrogate documentation in the student record.

#### Regulation .03-4 Coordination.

*COMAR 13A.08.07.03-4*

A. In order to establish direct communication channels between the local school system and the placement agency, each local school system and each placement agency shall identify a contact person to address issues of coordination, information sharing, decision making, and problem solving on behalf of children in State-supervised care.

B. On or before August 15 of each year, each local superintendent shall inform the State Superintendent of Schools of the contact information for the designated contact person. At the beginning of each school year, the State Superintendent shall compile a master list of the contact persons for the school systems and provide the master list to the Director of Social Services at the Department of Human Services.

C. On or before August 15 of each year, each placement agency shall inform the Director of Social Services of the name and contact information of the placement agency's contact person. The Director of Social Services shall compile a master list and provide it to the State Superintendent of Schools, who will disseminate it to the local superintendents.

D. To the extent practicable, each local school system shall place the contact information required under this regulation on its website.

#### Regulation .04 Dispute Resolution.

*COMAR 13A.08.07.04*

A. Each local board of education shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights set forth in this chapter.

B. Each local board of education shall establish procedures to implement the dispute resolution process that set forth, at a minimum:

  (1) The requirements for filing a request for dispute resolution;

  (2) A deadline for the filing of the request; and

  (3) Reasonable time frames for completion of the other aspects of the dispute resolution process.

C. The dispute resolution process shall be completed within 20 school days after the request for dispute resolution is filed.

D. Each local board of education shall provide notice to children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the right to file a request for dispute resolution.

E. During the dispute resolution process, the child in State-supervised care shall remain enrolled in the receiving school.

F. The receiving school shall provide appropriate educational services, including the implementation of an existing individualized education program, for a child in State-supervised care who is the subject of a dispute.

#### Regulation .05 Assurance.

*COMAR 13A.08.07.05*

A. Each local board of education and noncollegiate educational institution shall take reasonable measures to implement this chapter.

B. Each local board of education shall certify annually in writing to the State Superintendent of Schools that:

  (1) The local board has provided notice to:

    (a) Principals, teachers, and other school personnel in the school system of the requirements set forth in this chapter;

    (b) Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights set forth in this chapter; and

    (c) Other interested parties of the requirements and rights set forth in this chapter; and

  (2) The local board is in compliance with the requirements of this chapter.

C. The State Superintendent of Schools shall require a local board to take corrective action for failure to comply with the requirements of this chapter.

#### Regulation .06 School Stability.

*COMAR 13A.08.07.06*

A. Scope. Children in foster care are children in State-supervised care to whom special provisions apply under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and under Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland. The purpose of this regulation is to implement the educational stability requirements of those laws.

B. Terms Defined. In this regulation, the following terms have the meaning indicated:

  (1) “Child welfare agency” means local department of social services or Department of Juvenile Services.

  (2) “Enroll” and “enrollment” means attending classes and participating fully in school activities.

  (3) Foster Child.

    (a) “Foster child” means a child in the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services;

    (b) “Foster child” does not include a child awaiting foster care placement as defined in COMAR 13A.05.09.02B or a child in any of the following placements:

      (i) A detention facility;

      (ii) A forestry camp;

      (iii) A training school;

      (iv) A State-owned and State-operated facility that accommodates more than 25 children; or

      (v) Any other facility operated primarily for the detention of children who are determined to be delinquent.

  (4) “Receiving school” means the school serving the geographic attendance area where the child welfare agency has placed the foster child.

  (5) “Receiving school system” means the local school system serving the jurisdiction where the child welfare agency has placed the foster child.

  (6) “School of origin” means the school the foster child attended prior to the most recent change in placement by the child welfare agency.

  (7) “School system of origin” means the local school system serving the jurisdiction where the school of origin is located.

C. In accordance with Education Article, §7-101(b)(2)(ii), Annotated Code of Maryland, the local school system superintendent of the school of origin shall allow a foster child to remain enrolled in the school of origin unless the child welfare agency responsible for the child provides notice to the principal of the school of origin and the Fostering Connections liaison in the receiving school system that it is not in the best interests of the child to remain enrolled in the school of origin, pursuant to the procedures set forth in COMAR 07.02.11.12B.

D. If the child welfare agency has determined that it is not in the best interests of the foster child to remain at the school of origin, the receiving school shall immediately enroll the child once a person authorized to enroll the child initiates the enrollment.

E. The receiving school shall immediately enroll the foster child even if the child welfare agency is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

F. Notwithstanding any other enrollment documentation requirements of the receiving school, at the time of enrollment the receiving school may not require the person authorized to enroll the foster child to present more than documentation that the child is in the care of the child welfare agency and a written statement of the address where the child has been placed.

G. The school of origin shall transmit the foster child’s educational records to the receiving school in accordance with Education Article, §8-504, Annotated Code of Maryland, and Regulation .03 of this chapter upon receipt of notice from the receiving school that the child is attending school there.

H. Transportation to School of Origin.

  (1) If the foster child remains enrolled in the school of origin, the receiving school system shall provide transportation for the foster child to attend the school of origin based on a written agreement with the child welfare agency for reimbursement of the transportation costs, unless the child welfare agency decides that it will provide the transportation.

  (2) The receiving local school system shall provide the child welfare agency with documentation of transportation reimbursement rates.

  (3) Section H(1) of this regulation may not:

    (a) Preclude the child welfare agency from making its own transportation arrangements, including arrangements with the school system of origin if it is different than the receiving school system; or

    (b) Excuse the child welfare agency from its obligation to provide transportation to the foster child in the absence of an agreement with the receiving school system.

I. Fostering Connections Liaison.

  (1) Each local school system shall designate an individual as the Fostering Connections liaison.

  (2) The Fostering Connections liaison for the school system of origin shall consult with the child welfare agency about whether it is in the best interests of the foster child to continue the child's education at the school of origin.

  (3) The Fostering Connections liaison for the local school system where the foster child will attend school after a change in placement and best interests determination shall:

    (a) Coordinate with the child welfare agency regarding enrollment;

    (b) If the foster child transfers schools, facilitate the transfer of the child’s educational records from the school of origin to the receiving school; and

    (c) Communicate with the child welfare agency regarding the foster child’s attendance and performance at school.

  (4) If the child welfare agency arranges transportation with the receiving school system, the Fostering Connections liaison for the receiving school system will serve as the initial school system contact to help facilitate transportation arrangements.

  (5) The Fostering Connections liason for each local school system shall communicate the educational stability requirements of the Fostering Connections to Success and Increasing Adoptions Act of 2008 to appropriate school personnel.

  (6) The Fostering Connections liaison may be the same individual who serves as the homeless education coordinator for the local school system.