Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 08 - STUDENTS
Chapter 13A.08.07 - Transfer of Educational Records for Children in State-Supervised Care
Section 13A.08.07.02 - Definitions

Universal Citation: MD Code Reg 13A.08.07.02

Current through Register Vol. 51, No. 19, September 20, 2024

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 Department of Health and Mental Hygiene;

(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.

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