Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 08 - STUDENTS › Chapter 13A.08.02 - Student Records › Section 13A.08.02.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 following information relating to a student:
(a) The student's name;
(b) Address;
(c) Telephone listing;
(d) Electronic mail address;
(e) Photograph;
(f) Grade level;
(g) Enrollment status, for example, undergraduate or graduate, full-time or part-time;
(h) Date and place of birth;
(i) Major field of study;
(j) Participation in officially recognized activities and sports;
(k) Weight and height of members of athletic teams;
(l) Dates of attendance;
(m) Degrees and awards received;
(n) The most recent educational agency or institution attended by the student; and
(o) Other similar information, as defined by the local school system.
(3) "Disclosure" means permitting access to, or the release, transfer, or other communication of, personally identifiable information contained in student records to any party, by any means, including oral, written, or electronic means.
(4) "Educational institution" means an individual public school which is regulated by the State Board of Education.
(5) "Eligible student" means a student who is 18 years old or older or is attending an institution of postsecondary education.
(6) "Financial aid" means a payment of funds provided to an individual, or a payment in kind of tangible or intangible property to the individual, which is conditioned on the individual's attendance at a local school system or educational institution.
(7) "Institution of postsecondary education" means an institution which provides education to students beyond the secondary school level.
(8) "Local school system" means any of the 24 local public school systems in the State.
(9) "Organization" includes, but is not limited to, federal, State, and local agencies and independent organizations.
(10) Parent.
(a) "Parent" means a parent of a student.
(b) "Parent" includes:
(i) A natural parent;
(ii) A guardian; or
(iii) An individual acting as a parent in the absence of a parent or guardian.
(11) "Parental consent" means the written permission given by a parent or guardian for the purpose of permitting disclosure of student records.
(12) "Party" means an
(a) Individual;
(b) Agency;
(c) Institution; or
(d) Organization.
(13) "Personally identifiable" means that the data or information includes:
(a) The name of a student;
(b) The student's parent, guardian, or other family member;
(c) The address of the student;
(d) A personal identifier; such as the student's Social Security number or student number;
(e) A list of personal characteristics which would make it possible to identify the student with reasonable certainty; or
(f) Other information which would make it possible to identify the student with reasonable certainty.
(14) "Recommendation" means descriptive narrative student information associated with a statement regarding postsecondary education, training, or occupational placement, and any responses to ratings, questions, or other items contained on applications for the purpose of this placement.
(15) "Secondary school level" means the educational level, not beyond grade 12, where secondary education is provided, as determined under State law.
(16) Student.
(a) "Student" means an individual who is attending or has attended an educational institution that maintains the student's records or personally identifiable information.
(b) "Student" does not include an individual who has not been in attendance at the institution.
(17) "Student records" has the meaning stated in §C of this regulation.
(18) "Treatment," for the purpose of §C(3)(d)(iii) of this regulation, does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.