Student Records

Confidentiality of Information

The Family Educational Rights and Privacy Act (FERPA) requires a public agency to ensure the confidentiality of personally identifiable information in a student’s educational record and to provide access to inspect the student’s educational record upon request by a parent/guardian. Personally identifiable information (PII) includes information that can be used to distinguish or trace an individual’s identity either directly or indirectly through linkages with other information. A Parent/guardian of a student with a disability shall be given the opportunity to inspect and review all of the student's records relating to the identification, evaluation, educational placement and the provision of FAPE.

Confidential Folder

Pursuant to Maryland law and MCPS regulations, a confidential folder is created when a student is referred for an initial evaluation under Section 504 of the Rehabilitation Act of 1973 or the IDEA, when information is gathered to supplement basic student data. Records shall be maintained in accordance with the Student Record Keeper Manual. The record retention schedules in the Student Record Keeper Manual shall also be followed. For special education records, the parent/guardian must be informed prior to the destruction of any such records. See MCPS Regulation, JOA-RA, Student Records.

Access Rights

Each participating agency must permit parents/guardians to inspect and review any education records relating to their children that are collected, maintained, or used by the agency. The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing pursuant to the due process procedures in IDEA, or resolution session, and in no case, no more than 45 days after the request to inspect and review has been made.

The right to inspect and review education records under this section includes:

  • The right to a response from MCPS to reasonable requests for explanations and interpretations of the records.

  • The right to request that MCPS provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

  • The right to have a representative of the parent inspect and review the records.

An agency may presume that the parent/guardian has authority to inspect and review records relating to their child unless MCPS has been advised that the parent/guardian does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.

Amendment Requests

A parent/guardian who believes that information in the education records collected, maintained, or used is inaccurate or misleading or violates the privacy or other rights of the child may request MCPS amend the information. Even if the parent/guardian does not expressly state that they are making a FERPA amendment request, any requests for a change to an educational record must be handled in accordance with the FERPA amendment procedures. The principal, as the custodian of records, must decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request and should follow the procedures set forth in MCPS Regulation, JOA-RA, Student Records. If the parent/guardian request to amend the records is denied, the parent/guardian must be apprised of their right to appeal the decision which affords them a right to a due process hearing.

Maintaining Disciplinary Records

Discipline records are considered education records under Maryland law and shall be maintained. IDEA requires school systems to follow state requirements for maintaining and transmitting student discipline records. The Maryland Student Records System Manual defines “discipline records” as “information which supports or verifies the out-of-school suspension (for one or more days) or expulsion of a student; at a minimum, this information must include a description of the student’s behavior that resulted in disciplinary action and a copy of the correspondence sent to the parents/guardians informing them of the student’s suspension or expulsion.” Reportable offenses, or offenses that may be charged as crimes under Maryland law, are specifically excluded from being part of the student record.

Discipline records must be:

  • maintained until the student graduates or completes their education program or becomes 21 years of age; and

  • sent to other schools or school systems when a student transfers.

Legal Authority:

34 CFR 99; 34 CFR §§300.610—300.626; COMAR 13A.08.02; Md. Code, Ed. Art.,§7-303; COMAR 13A.08.01.17C(7)