reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.04 - Unlawful Absence

Current through Register Vol. 51, No. 14, July 12, 2024
A. An absence, including absence for any portion of the day, for any reason other than those cited as lawful are presumed to be unlawful and may constitute truancy. Local school systems may add specified criteria for unlawful absences to local board-approved attendance policies.
B. Truancy. A truant is a student who is absent without lawful cause as defined in Regulation .03, of this chapter, from the attendance for a school day or portion of it.
C. Habitual Truant. A student is an habitual truant if the student is unlawfully absent from school for a number of days or portion of days in excess of 20 percent of the school days within any marking period, semester, or year. A local school system has the prerogative of defining habitual truancy in a more but not less stringent manner (for example, unlawful absences in excess of 15 percent of the school days).
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.05 - Student Attendance Policy

Current through Register Vol. 51, No. 14, July 12, 2024
Each local school system shall develop a student attendance policy which includes:
A. A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance.
B. Rules, Definitions, and Procedures for Policy Implementation.
(1) Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04, of this chapter. Clarification of special situations for unlawful absence may also be identified.
(2) Standards for regular attendance include minimal requirements for student attendance in order to foster continuity of the instructional program. The standards for school attendance may identify a specific number of excessive or unlawful absences allowed within a marking period, semester, or school year.
(3) Procedure to verify absences/tardiness includes responsible persons, time limits, and methods of absent/tardy verification.
(4) Penalties for not meeting standards for regular attendance requirements include actions taken by school system staff when a student is unlawfully absent or accumulates an equivalent number of excessive or unlawful absences which exceeds the standard for regular school attendance. The penalties should be identified, and should reflect a continuum of excessive or unlawful absences.
(5) Make-up work requirements include classroom teacher and student responsibility, time limits, and grading policy for make-up work. Make-up work requirements may also involve a procedure for completing class work in advance of an absence wherever possible.
(6) Attendance-monitoring procedure includes:
(a) Record-keeping format to comply with State attendance reporting requirements;
(b) Intervention strategies and procedures for dealing with absenteeism at the beginning stages of the problem as well as chronic absenteeism; and
(c) A referral process to pupil services or other central office professionals for case management of chronic attendance cases.
(7) Reward process includes an identified motivational program to reward regular school attendance.
(8) Information dissemination includes methods for informing school staff, students, parents, and community members of attendance policy requirements.
(9) Appeals process includes specific due process procedures for appealing attendance violation decisions at the school and central office level.
(10) Legal foundation includes citations of legal authority for attendance policy development and implementation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.07 - Student Withdrawal Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland Pupil Attendance Register prescribes the withdrawal status for students. In general a student will be withdrawn when the student has completed a high school program, transfers to another school, or terminates the student's formal education.
B. Graduate.
(1) A graduate is defined as a student who completes the student's program of study at the high school level and satisfies the graduation requirements for a Maryland High School Diploma or the requirements for a Maryland High School Certificate.
(2) A graduate includes a:
(a) Student receiving a diploma as a result of the completion of a State-approved regular or alternative secondary school;
(b) Handicapped student who cannot meet the requirements for a diploma and is awarded a Maryland High School Certificate.
(3) A graduate does not include a student:
(a) Leaving school and completing a GED or other State-approved high school equivalency program;
(b) Completing a program of study and time in grade but not meeting the basic skills testing requirements.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.08 - Substance Use or Distribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.
B. Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.
C. Alcohol and Other Drugs Policy. Consistent with Regulations .11-.15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of education shall adopt a policy on alcohol and other drug use or possession, or both, by students, which shall address at least the following areas:
(1) Purpose;
(2) Definition of terms;
(3) Rules for student behavior;
(4) Student referral procedures;
(5) Procedures for investigating policy violations;
(6) Due process requirements;
(7) Provision of emergency medical care;
(8) Confidentiality of students' educational records;
(9) Alcohol and other drugs policy dissemination;
(10) Staff training; and
(11) Drug education curriculum.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.09 - Student Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. All student organizations desiring to conduct activities in public school buildings or on public school grounds shall be permitted to conduct these activities only if authorized to do so and shall thereafter be subject to the supervision of the administration and faculty of the school.
B. Any secret, exclusive, or self-perpetuating organization which seeks to organize and perpetuate itself by taking in members from among the students enrolled in the public schools in which they are students, upon the basis of decision of the membership of the organization, rather than from the free choice of any students in the school who are qualified to fill the special aims of the organization, shall be prohibited from conducting its activities in public school buildings or on public school grounds.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.10 - Guidelines for Students' Responsibilities and Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each local board of education shall have a document on students' responsibilities and rights.
B. This document shall conform to guidelines established by the State Board of Education.
C. The local document shall be disseminated periodically to all members of the school community, including students, teachers, administrators, and parents or guardians.
D. There shall be broad involvement of representatives of the school community in the review of the document.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.11 - Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local Board Authority. Each local board of education has both the responsibility and authority to adopt policies designed to create safe schools. In the context of school discipline, by the beginning of school year 2014-2015, each local board shall review and revise its student discipline policies and regulations with the goal of maintaining an environment of order, safety, and discipline necessary for effective learning. The policies and regulations at minimum shall:
(1) Reflect a discipline philosophy based on the goals of fostering, teaching, and acknowledging positive behavior;
(2) Be designed to keep students connected to school so that they may graduate college and career ready;
(3) Describe the conduct that may lead to in-school and out-of-school suspension or expulsion;
(4) Allow for discretion in imposing discipline;
(5) Address the ways the educational and counseling needs of suspended students will be met; and
(6) Explain why and how long-term suspensions or expulsions are last-resort options.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.12 - Arrests on School Premises

Current through Register Vol. 51, No. 14, July 12, 2024
A. When possible and appropriate, arrest by police should be made during nonschool hours and away from the school premises.
B. When an arrest on school premises during the school hours is necessary, the responsible school official shall ascertain the facts from the arresting officer which will enable the school official to fully advise the parent or guardians and other school officials of the nature of the charge, the identity of the arresting officer, and the location of the student.
C. When an arrest has taken place on school premises or during school hours, every effort shall be made by school officials to inform the parent or guardians immediately and thereafter promptly to advise the local superintendent of schools.
D. Arrest on school premises during school hours shall be effectuated in such a manner as to avoid both embarrassment to the student being arrested and jeopardizing the safety and welfare of other students.
E. School officials may not permit questioning of a student under arrest on the school premises and shall request the arresting officer to remove the student from the premises as soon as practicable after the arrest is made.
F. Beginning in the 2015-2016 school year, data on school arrests shall be reported in a manner and format developed by the Department, in consultation with local school systems, and approved by the State Board.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.12-1 - Bringing or Possessing a Firearm on School Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following terms have the meanings indicated:
(1) "Alternative educational setting" means an alternative education program that allows the student to continue the student's education within the public school system and, if in a secondary school, the opportunity to earn credit.
(2) "Expulsion" means at a minimum the removal of a student from the student's regular school program.
(3) "Firearm" means a weapon as defined in 18 U.S.C. §
											921.
(4) "School property" means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system.
(5) "Year" means a calendar year of 12 months.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.13 - Questioning on School Premises

Current through Register Vol. 51, No. 14, July 12, 2024
A. Police investigations involving the questioning of students may not be permitted on school premises unless in connection with a crime committed on the premises or in connection with an investigation which, if not immediately permitted, would compromise the success of that investigation or endanger the lives or safety of the students or other persons, provided, however, that a school official should be present throughout that questioning.
B. A local school system shall permit personnel from a local department of social services or a police officer to question a student on school premises during the school day in an investigation involving suspected child neglect or suspected child abuse under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland. The following apply:
(1) The local superintendent or the superintendent's designee shall determine, after consultation with the individual from the local department of social services or the police officer, whether a school official shall be present during the questioning of a student pursuant to this section.
(2) Records and reports concerning child abuse or neglect are confidential, and unauthorized disclosure is a criminal offense under Article 88A, § 6(b), Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.14 - Searches

Current through Register Vol. 51, No. 14, July 12, 2024
A. Search of Student by Principal, Assistant Principal, or School Security Guard.
(1) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if the searcher has a reasonable belief that the student has in the student's possession an item, the possession of which is:
(a) A criminal offense under the laws of this State; or
(b) A violation of:
(i) Any other State law; or
(ii) A rule or regulation of the local board.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.15 - Reporting Delinquent Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Delinquent acts are offenses committed by a person who is under 18 years old which would be crimes if committed by an adult. School officials shall promptly report to the responsible law enforcement agencies all delinquent acts coming to their attention whether occurring on or away from the school premises which involve students attending the particular school.
B. Delinquent acts do not include conduct which has been traditionally treated as a matter of discipline to be handled administratively by the particular school, except that all conduct of a serious nature should be promptly reported to the parent or guardians concerned.
C. Beginning in the 2015-2016 school year, the local school systems shall report data to the Department on school arrests and referrals to law enforcement agencies or to the juvenile justice system in a form and manner developed by the Department, in consultation with local school systems, and approved by the State Board.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.16 - Integration

Current through Register Vol. 51, No. 14, July 12, 2024
The local boards of education shall be informed by the State Department of Education as to the legal requirements concerning the integration of schools. The State Department of Education shall check on compliance with these requirements and shall report all suspected violations to the State Board of Education. The organization of school activities shall provide for the involvement of students regardless of sex, race, creed, or national origin.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.18 - Definitions for Regulations .19-.20

Current through Register Vol. 51, No. 14, July 12, 2024
A. In Regulations .19 and .20 of this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Conviction of or adjudication of" means that the perpetrator has been convicted of, adjudicated delinquent of, pleads guilty or nolo contendere with respect to, or receives probation before judgment with respect to, a violent criminal offense.
(2) "Corrective action plan" means a plan that includes information concerning conditions in the school that may have contributed to the commission of the offenses set forth in §B(4) of this regulation. A corrective action plan shall describe any behavioral interventions that will be used to address problems in the school.
(3) "Local school system" means any of the 24 local public school systems in the State.
(4) "Persistently dangerous school" means a school in which each year for 3 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the following offenses equals 2-1/2 percent or more of the total number of students enrolled in the school:
(a) Arson or fire;
(b) Drugs;
(c) Explosives;
(d) Firearms;
(e) Other guns;
(f) Other weapons;
(g) Physical attack on a student;
(h) Physical attack on a school system employee or other adult; and
(i) Sexual assault.
(5) "Safe school" means a school that has not been placed on probationary status or designated as persistently dangerous pursuant to Regulation .19 of this chapter.
(6) "School grounds" means a local school system owned or leased building and land that surrounds a school building and also includes school vehicles.
(7) "Violent criminal offense" means a crime of violence as defined in Criminal Law Article, §
										14-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.19 - Probationary and Persistently Dangerous School Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Probationary Status.
(1) The State Board of Education shall place on probationary status any school having each year for a period of 2 consecutive school years, the total number of student suspensions for more than 10 days or expulsions for any of the offenses set forth in Regulation .18B(4) of this chapter equal to 2-1/2 percent or more of the total number of students enrolled in the school.
(2) The local school system shall notify in a timely manner the parents of each student attending the school that the State has placed the school on probationary status.
(3) The local superintendent shall submit a corrective action plan to the State Superintendent of Schools within 30 days of being notified by the State Board of Education that a school in the jurisdiction of the school system is on probationary status.
(4) During the probationary status the school shall implement in a timely manner strategies to reduce the commission of offenses set forth in Regulation .18B(4) of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.20 - Unsafe School Transfer Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each local school system shall allow a student attending a public elementary or secondary school to attend a safe public elementary or secondary school within the school system if the student:
(1) Attends a persistently dangerous public elementary or secondary school; or
(2) Is a victim of a violent criminal offense as defined in Criminal Law Article, §
										14-101, Annotated Code of Maryland:
(a) During the regular school day; or
(b) While attending a school sponsored event in or on the grounds of a public elementary or secondary school that the student attends.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.01 - General Regulations › Section 13A.08.01.21 - Reducing and Eliminating Disproportionate/Discrepant Impact

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall develop a method to analyze local school system discipline data to determine whether there is a disproportionate impact on minority students.
B. The Department may use the discrepancy model to assess the impact of discipline on special education students.
C. If the Department identifies a school's discipline process as having a disproportionate impact on minority students or a discrepant impact on special education students, the local school system shall prepare and present to the State Board a plan to reduce the impact within 1 year and eliminate it within 3 years.
D. The local school system will report its progress annually to the State Board.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.04 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.05 - Student Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.06 - Retention, Disposition, and Destruction of Student Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.07 - Review and Updating

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.08 - Students' Rights

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.09 - Content of Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.10 - Annual Notification of Rights

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.11 - Fees for Copies of Student Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.12 - Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.13 - Right to Review and Inspect Educational Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.14 - Request to Amend Student Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.15 - Right to a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.16 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.18 - Prior Consent for Disclosure Required

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.20 - Record of Disclosure Required To Be Maintained

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.21 - Limitations on Redisclosure

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.22 - Conditions for Disclosure to Officials of Other Schools and School Systems

Current through Register Vol. 51, No. 14, July 12, 2024
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;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.23 - Disclosure to Certain Federal and State Officials for Federal Program Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.24 - Conditions for Disclosure in Health and Safety Emergencies

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.25 - Conditions for Disclosure of Directory Information

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.26 - Conditions for Disclosure of Information Concerning Juvenile Services System

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.27 - Local Records Policies Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A local school system and educational institution shall develop policies regarding the management of student records in accordance with this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.28 - Education and Health Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.29 - Rights of Parents to Examine Records

Current through Register Vol. 51, No. 14, July 12, 2024
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.