1. A. Subject to the limitations in this regulation, a parent or guardian of a student or an eligible student may waive any of his or her rights under §438 of the Act or this chapter. A waiver may not be valid unless in writing and signed by the parent, guardian, or eligible student, as appropriate.
2. B. A local school system or educational institution may not require that a parent or guardian of a student, or an eligible student, waive his or her rights under this regulation. This section does not preclude a local school system or educational institution from requesting a waiver.
3. C. An individual who is an applicant for admission to an institution of postsecondary education or employment may waive the individual's right to inspect and review confidential letters and confidential statements of recommendation respecting admission to an educational institution, application for employment, or the receipt of an honorary recognition.

4. D. A waiver under §C of this regulation may apply to confidential letters and statements only if:

   1. (1) The applicant is, upon request, notified of the names of all individuals providing the letters or statements;
   2. (2) The letters or statements are used only for the purpose for which they were originally intended; and
   3. (3) This waiver is not required by the local school system or educational institution as a condition of admission, employment, or granting of an honor or receipt of any other service or benefit from the local school system or educational institution.
5. E. A waiver under §C of this regulation shall be executed by the individual, regardless of age, rather than by the parent or guardian of the individual.
6. F. A waiver under this regulation may be made with respect to specified classes of student records, and persons or institutions.

7. G. Revocation of Waiver.

   1. (1) A waiver under this regulation may be revoked with respect to any actions occurring after the revocation.
   2. (2) A revocation under this regulation shall be in writing.
   3. (3) If a parent or guardian of a student executes a waiver under this regulation, that waiver may be revoked by the student at any time after the student becomes an eligible student.

Authority: Education Article, §2-205(c), Annotated Code of Maryland

Effective date: June 2, 1978 (5:11 Md. R. 885)

Regulation .05H amended effective May 2, 1988 (15:9 Md. R. 1111)

Regulation .12C repealed effective May 2, 1988 (15:9 Md. R. 1111)

Regulations .28 and .29 adopted effective May 2, 1988 (15:9 Md. R. 1111)

Annotation: COMAR 13A.08.02 cited in Hunter et al. v. Board of Education of Montgomery Co. et al., 292 Md. 481 (1981)

Chapter revised effective January 15, 1989 (15:27 Md. R. 3136)

Regulation .01-1 adopted effective December 1, 1997 (24:24 Md. R. 1671)

Regulation .02 amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .03B amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .05A amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .07N amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .09 amended effective December 1, 1997 (24:24 Md. R. 1671)

Regulation .19A amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .20A amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .24A amended effective September 12, 1994 (21:18 Md. R. 1512)

Regulation .28 amended effective December 1, 1997 (24:24 Md. R. 1671)

Regulations .01—.31 repealed and new Regulations .01—.31 adopted effective September 7, 1998 (25:18 Md. R. 1436)

Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1687); May 23, 2005 (32:10 Md. R. 925); September 11, 2006 (33:18 Md. R. 1506); April 23, 2007 (34:8 Md. R. 767); January 12, 2009 (36:1 Md. R. 23); January 9, 2012 (38:27 Md. R. 1765); May 23, 2016 (43:10 Md. R. 589); October 5, 2020 (47:20 Md. R. 876)

Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1687)

Regulation .07D adopted effective September 11, 2006 (33:18 Md. R. 1506)