Md. Code Regs. 13A.08.02.30

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.08.02.30 - Rights of Noncustodial Parents

A. If the parents are separated, divorced, or otherwise living apart, the local school system shall permit both the custodial and noncustodial parent to inspect and review the student records in accordance with Regulation .13 of this chapter except as otherwise provided in §F of this regulation.

B. If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the local school system shall provide the noncustodial parent copies of the information except as otherwise provided in §F of this regulation.

C. For purposes of this regulation, "school-related information provided to a custodial parent" means:

(1) Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on student and parent rights and responsibilities, school newsletters, school calendars, and notices of parent conferences, open houses, and plays; and

(2) Those student records which are provided to the custodial parent such as report cards, disciplinary notices, and special education notices.

D. The local school system may require a noncustodial parent, who requests to be provided with copies of school-related information provided to the custodial parent, to:

(1) Pay a reasonable fee at the beginning of the school year for copying and mailing the documents; or

(2) Sign an agreement to reimburse the local school system at the end of the school year for the costs of copying and mailing the documents.

E. The local school system shall waive any fees under §D of this regulation if the noncustodial parent files a notarized statement that the parent is unable to pay the fees.

F. If the custodial parent provides the local school system with a copy of a court order or legally binding instrument such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to the student's student records or other school-related information, the local school system may not disclose the student records or the school-related information to the noncustodial parent.

G. Each local school system shall develop a policy and procedure to implement the requirements of this regulation. Information concerning this regulation shall be included in statements on student and parent rights and responsibilities and shall be disseminated to all custodial and identified noncustodial parents at each local school.

Md. Code Regs. 13A.08.02.30

Regulations .30 adopted effective September 7, 1998 (25:18 Md. R. 1436)