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.08.07.03 - General Provisions

Universal Citation: MD Code Reg 13A.08.07.03

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

A. Notice of Enrollment or Imminent Enrollment.

(1) Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

(2) The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

B. Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall:

(1) Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;

(2) Request, in writing, the educational records of the child in State-supervised care from the sending school;

(3) Provide a copy of the request made under §B(2) of this regulation to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and

(4) Inform the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care of the rights set forth in this regulation.

C. After receiving notice under §B of this regulation, a sending school shall:

(1) Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;

(2) Immediately inform the receiving school orally of the status of the child in State-supervised care under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. or under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and

(3) Within 3 school days following receipt of notice from the receiving school, send by regular first-class mail or transmit electronically to the receiving school a copy of:
(a) A completed student withdrawal or transfer record of a child in State-supervised care;

(b) The academic records of a child in State-supervised care;

(c) The discipline records of a child in State-supervised care;

(d) The immunization records of a child in State-supervised care; and

(e) If applicable, the most recent individualized education program or Section 504 plan and the most recent assessment of a child in State-supervised care.

D. Notwithstanding §C(3) of this regulation, a placement agency or school employee may hand carry the documents listed in §C(3) of this regulation from a sending school to a receiving school.

E. Nothing in this chapter shall be construed as diminishing the right of a birth parent of a child in State-supervised care to participate in the educational decision making for the child.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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