Md. Code Regs. 13A.08.02.03
Current through Register Vol. 51, No. 22, November 1, 2024
Section 13A.08.02.03 - DefinitionsA. 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: (d) Electronic mail address;(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;(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: (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.(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.C. Student Records. (1) "Student records" means those records that are:(a) Directly related to a student; and(b) Maintained by an educational agency or institution or by a party acting for the agency or institution.(2) "Student records" includes, but is not limited to: (a) Records concerning disciplinary actions taken against students; and(b) Records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student and not excepted under §C(3)(c) of this regulation.(3) "Student records" does not include: (a) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;(b) Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;(c) Records relating to an individual who is employed by an educational agency or institution that: (i) Are made and maintained in the normal course of business,(ii) Relate exclusively to the individual in that individual's capacity as an employee, and(iii) Are not available for use for any other purpose;(d) Records on a student who is 18 years old or older, or is attending an institution of postsecondary education, that are:(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's professional capacity or assisting in a paraprofessional capacity,(ii) Made, maintained, or used only in connection with treatment of the student, and(iii) Disclosed only to individuals providing the treatment; or(e) Records that only contain information about an individual after the individual is no longer a student at that agency or institution.Md. Code Regs. 13A.08.02.03
Regulation .03B amended effective September 12, 1994 (21:18 Md. R. 1512)
Regulations .03 adopted effective September 7, 1998 (25:18 Md. R. 1436)
Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687)