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13a.08.02.00.htm 13A.08.02.00. Title 13A STATE BOARD OF EDUCATION Subtitle 08 STUDENTS Chapter 02 Student Records Authority: Education Article, §2-205(c) Annotated Code of Maryland
13a.08.02.01.htm 13A.08.02.01. 01 Incorporation by Reference.. 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 2016, which is incorporated by reference.
13a.08.02.02.htm 13A.08.02.02. 02 Purpose.. 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 r
13a.08.02.03.htm 13A.08.02.03. 03 Definitions.. 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 fo
13a.08.02.04.htm 13A.08.02.04. 04 General Provisions.. 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
13a.08.02.05.htm 13A.08.02.05. 05 Student Record Keeping.. 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.
13a.08.02.06.htm 13A.08.02.06. 06 Retention, Disposition, and Destruction of Student Records.. 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 syste
13a.08.02.07.htm 13A.08.02.07. 07 Review and Updating.. 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.
13a.08.02.08.htm 13A.08.02.08. 08 Students' Rights.. 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 n
13a.08.02.09.htm 13A.08.02.09. 09 Content of Records.. 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.
13a.08.02.10.htm 13A.08.02.10. 10 Annual Notification of Rights.. 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 t
13a.08.02.11.htm 13A.08.02.11. 11 Fees for Copies of Student Records.. 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
13a.08.02.12.htm 13A.08.02.12. 12 Waivers.. 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 regulati
13a.08.02.13.htm 13A.08.02.13. 13 Right to Review and Inspect Educational Records.. 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
13a.08.02.14.htm 13A.08.02.14. 14 Request to Amend Student Records.. 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 th
13a.08.02.15.htm 13A.08.02.15. 15 Right to a Hearing.. 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 schoo
13a.08.02.16.htm 13A.08.02.16. 16 Conduct of the Hearing.. 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
13a.08.02.17.htm 13A.08.02.17. 17 Appeal Procedures.. The appeal procedure is processed at the local school system..
13a.08.02.18.htm 13A.08.02.18. 18 Prior Consent for Disclosure Required.. 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 guar
13a.08.02.19.htm 13A.08.02.19. 19 Prior Consent for Disclosure Not Required.. 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 legit
13a.08.02.20.htm 13A.08.02.20. 20 Record of Disclosure Required To Be Maintained.. 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; and2) The legitimate interests these parties had in requesting or obtaining the information..
13a.08.02.21.htm 13A.08.02.21. 21 Limitations on Redisclosure.. 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
13a.08.02.22.htm 13A.08.02.22. 22 Conditions for Disclosure to Officials of Other Schools and School Systems.. 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 b
13a.08.02.23.htm 13A.08.02.23. 23 Disclosure to Certain Federal and State Officials for Federal Program Purposes.. 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 pro
13a.08.02.24.htm 13A.08.02.24. 24 Conditions for Disclosure in Health and Safety Emergencies.. 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 m
13a.08.02.25.htm 13A.08.02.25. 25 Conditions for Disclosure of Directory Information.. 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 individ
13a.08.02.26.htm 13A.08.02.26. 26 Conditions for Disclosure of Information Concerning Juvenile Services System.. 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 recor
13a.08.02.27.htm 13A.08.02.27. 27 Local Records Policies Requirement.. A local school system and educational institution shall develop policies regarding the management of student records in accordance with this chapter.
13a.08.02.28.htm 13A.08.02.28. 28 Education and Health Records.. 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.
13a.08.02.29.htm 13A.08.02.29. 29 Rights of Parents to Examine Records.. 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 inst
13a.08.02.30.htm 13A.08.02.30. 30 Rights of Noncustodial Parents.. 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 sha
13a.08.02.31.htm 13A.08.02.31. 31 Rights and Remedies Under Other Laws.. 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.
13a.08.02.9999.htm 13A.08.02.9999. Administrative History Effective date: June 2, 1978 (5:11 Md. R. 885). Regulation .05H amended effective May 2, 1988 (15:9 Md. R. 1111). Regulation .12C repealed effective May 2, 1988 (15:9 Md. R. 1111). Regulations .28 and .29 adopted effective May 2, 1988 (15:9 Md. R. 1111) ― Annotation: COMAR 13A.08.02 cited in Hunter et al. v. Board of Education of Montgomery Co. et al. 292 Md. 481 (1981) ―Chapter revised effective January 15, 1989 (15:27 Md. R. 3136).
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