Policies and Procedures Handbook


Last Updated: 4/19/2005
Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

 

TRANSFER OF EDUCATIONAL RECORDS FOR STUDENTS IN
STATE-SUPERVISED CARE 

 

Administrative Procedure

 

I.    Definitions

        A.    Child in State-supervised care

                1.    "Child in State-supervised care" means a child who is in the custody of, committed to, or otherwise placed by a placement agency.

                2.    "Child in State-supervised care" does not mean a child at the Charles H. Hickey, Jr. School in Baltimore who receives an educational program pursuant to Education Article, 22-308, Annotated Code of Maryland.

        B.    "Department" means the State Department of Education.

        C.    "Noncollegiate educational institution" means a school or other institution that offers an educational program but is not an institution of postsecondary education,as defined in Education Article, 10-101, Annotated Code of Maryland.

        D.    "Notice" means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated.

        E.    "Placement agency" means:

                1.    A local Department of Social Services;

                2.    The Department of Health and Mental Hygiene;

                3.    The Department of Juvenile Services; or

                4.    A private agency that:

                        a.    Engages in the placement of children in homes or with individuals; and

                        b.    Licensed by the Social Services Administration under Family Law Article, 5-507, Annotated Code of Maryland.

F.    "Receiving school" means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that hasan educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll.

G.    "Sending school" means a public school or a noncollegiate educational institution affiliated with residential child care program or treatment facility that has an

        educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving

        school.

H.    "Placement or modification of a placement" means a change of the physical residence of a child in State-supervised care.

II.    Notice of enrollment or imminent enrollment

The placement agency or their designee responsible for the child in State-supervised care shall  provide notice to the receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care either prior to or concurrent with the placement or modification of the placement.  The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child may provide notice of enrollment or imminent enrollment.

III.    The receiving school of a child in State-supervised care shall within 2 school days of receiving the notice

        A.    Inform the sending school of the enrollment or imminent enrollment of the child;

        B.    Request, in writing, the educational records of the child,

        C.    Provide a copy of the written request for records to the child or responsible adult acting on behalf of the child in State-supervised care; and

        D.    Inform the child or the responsible adult acting on behalf of the child in State-supervised care of their rights under the records transfer regulation.

IV.    The sending school shall

        A.    Immediately inform the receiving school orally of the child's grade level at their last enrollment.

        B.    Immediately inform the receiving school orally of the child=s status under 504 of the Rehabilitation Act of 1973 and/or the Individuals with Disabilities Act.

        C.    Within 3 days of the receipt of the notice from the receiving school, send by first class mail or transmit electronically to the receiving school a copy of:

                    1.    A completed student withdrawal or transfer record of the child;

                2.    The academic record of the child;

                3.    The discipline record of the child;

                4.    The immunization record of the child; and

                5.    The most recent individualized education program or Section 504 plan, and the most recent assessment of the child, as applicable.

V.      A placement agency or school employee may hand carry the above documents from a sending school to a receiving school.

VI.    The right of the birth parent to participate in educational decision-making for their child shall not be diminished.

VII.    Dispute Resolution Process

        A.    When a dispute arises regarding the requirements and rights of a child in State-supervised care and the transfer of their educational records for enrollment, the child or responsible adult acting on behalf of the child has the right to file a grievance regarding these requirements and rights.  The dispute process will be completed within 20 days of the date of the initial filing of the grievance.

                1.    A written grievance must be filed by the child or responsible adult acting on behalf of the child within 10 school days of the placement agency providing written or verbal notice to the receiving school that the child will be enrolling.

                2.    The written grievance will be filed with the school principal and, within 5 school days, the child or responsible adult acting on behalf of the child must be provided with a written response that explains the school's decision of the dispute, including their right to appeal.

                3.    If the principal is unable to resolve the dispute to the satisfaction of the child or responsible adult acting on behalf of the child, or if the principal does not issue a decision within 5 school days of receiving the grievance, which includes the day on which the grievance was received, the child or responsible adult acting on behalf of the child may appeal by filing a written grievance with the superintendent by the 6th day of the initial filing with the school principal.

                4.    The superintendent will provide a written response to the child or responsible adult acting on behalf of the child within 5 school days of receiving the grievance, which includes the day on which the grievance was received.  If the child or responsible adult acting on behalf of the child is dissatisfied with the decision, or if the superintendent does not issue a decision within the 5 school days, the child or responsible adult acting on behalf of the child may appeal the decision to the school board by filing a written grievance with the school board on the 11th day from the initial filing with the school principal.

                5.    The school board will provide a written response to the appeal by the child or responsible adult acting on behalf of the child in an expedited manner within 10 school days of receiving the grievance, which includes the day on which the school board received the grievance.  The decision of the school board will be  final.

                6.    Notice will be provided to children in State-supervised care and responsible adults acting on their behalf of their rights to file a request for dispute resolution.

                7.    During the dispute resolution process, the child shall remain enrolled in the receiving school, which will provide appropriate education services including the implementation of an existing IEP for a child in State-supervised care who is subject of the dispute.

VIII.    The Garrett County Public Schools will provide annual notice to the State Superintendent of Schools that these procedures for the transfer of educational records for students in State-supervised care have been implemented, and that notice has been provided to principals, teachers and other school personnel of these requirements.

 

Source:            COMAR: 13A.08.07.  Transfer of Educational Records for Children in State-Supervised Care

Authority: Education Article, 2-206 and 8-501 - 8-506, Annotated Code of Maryland

 


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Pupil Services 474.217 PEL
Adopted 8.14.07

Revised