13A.09.10.12

.12 Type I Educational Program—Privacy Rights.

A. For the purpose of §B of this regulation, when a student becomes 18 years old, the rights accorded to and consent required of the parent of the student shall be accorded to and required only of the eligible student, consistent with Education Article, §8-412.1, Annotated Code of Maryland.

B. Protecting Right of Privacy of Students.

(1) A school shall have written policies and procedures on protecting the right of privacy of students and their parents relative to access to, and release of, records of individual students.

(2) The written policies and procedures under §B(1) of this regulation shall include the following:

(a) A policy statement assuring that all records pertaining to a student are available to the student's parent for inspection or review;

(b) Procedures to be followed by a parent who requests to inspect and review the records of his or her child;

(c) A policy statement assuring that the school may not disclose personally identifiable information from a student's record without prior written consent of the student's parent unless otherwise allowed by law;

(d) Procedures by which the school shall maintain a written record of requests for, and disclosure of, personally identifiable information from a student's record that includes the first, middle, and last name of the student, the name of the reviewer, the month, day, and year of the review, and the purpose of the review; and

(e) Procedures for informing the parent of these policies and procedures.

C. A school's written policies and procedures on protecting the right of privacy of students and their parents specified in §B of this regulation may not abrogate the privacy rights of a student or the parent of the student under applicable federal and State law.