- A. A local school system or educational institution may disclose personally identifiable information from the student records only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent or guardian of the student or the eligible student, except that the personally identifiable information which is disclosed to an institution, school system, or organization may be used by its officers, employees, and agents, but only for the purposes for which the disclosure was made.
- B. Section A of this regulation does not preclude a local school system or educational institution from disclosing personally identifiable information under Regulation .19 of this chapter, with the understanding that the information will be redisclosed to other parties under this regulation, if the record-keeping requirements of Regulation .20 of this chapter are met with respect to each of those parties.
- C. Section A of this regulation does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas under Regulation .19A(9) of this chapter, or to disclosures of directory information under Regulation .25 of this chapter.
- D. Except for the disclosure of directory information under Regulation .25 of this chapter, or disclosure made pursuant to court orders or subpoenas under Regulation .19A(9) of this chapter, a local school system or educational institution shall inform the party to whom a disclosure is made of the requirement set forth in §A of this regulation.
- E. If a third party improperly rediscloses personally identifiable information from student records in violation of §A of this regulation, the local school system or educational institution may not allow that third party access to personally identifiable information from student records for at least 5 years.
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Regulation .12C repealed effective May 2, 1988 (15:9 Md.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)