Parental Rights – Maryland Procedural Safeguards Notice – Infants and Toddlers Early Intervention, Preschool Special Education, Special Education
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Revised January 2021_FINAL
Effective January 27, 2021
A public agency may presume parents have the authority to inspect and review records relating
to their child unless the public agency has been advised that a parent does not have the authority
under applicable State law governing such matters as guardianship, separation, and divorce.
Record of Access:
Each public agency shall keep a record of individuals, other than parents and authorized
employees of the public agency, obtaining access to education records collected, maintained, or
used under Part C or Part B of the IDEA, including the name of the individual, the date access
was given, and the purpose for which the individual is authorized to use the records. If any
education record includes information on more than one child, the parents of those children have
the right to inspect and review only the information relating to their child or to be informed of
that specific information. Each public agency shall provide parents, on request, a list of the types
and locations of education records collected, maintained, or used by the public agency. Each
public agency may charge a fee for copies of education records that are made for parents if the
fee does not effectively prevent the parents from exercising their right to inspect and review
those records. A public agency may not charge a fee to search for or retrieve information from
education records.
Amendment of Records at Parent's Request:
If a parent believes that information in the education records collected, maintained, or used under
the IDEA is inaccurate or misleading or violates the privacy or other rights of their child, the
parent may request the public agency that maintains the information, to amend the information.
The public agency shall decide whether to amend the information in accordance with the parent
request within a reasonable period of time of receiving the request. If the public agency refuses
to amend the information in accordance with the request, it shall inform the parent of their
refusal and advise the parent of their right to a hearing to challenge the information in
educational records. A hearing conducted to challenge information in educational records must
be conducted in accordance with FERPA procedures as found in 34 C.F.R. §99.22.
The public agency, upon request, shall provide the parent with an opportunity for a hearing to
challenge information in education records to ensure that it is not inaccurate, misleading, or
otherwise in violation of the privacy or other rights of your child. If, as a result of the hearing,
the public agency decides that the information is inaccurate or misleading or otherwise in
violation of the privacy or other rights of the child, the public agency shall amend the
information accordingly and so inform the parent of the amendment in writing. If, as a result of
the hearing, the public agency decides that the information is not inaccurate or misleading or
otherwise in violation of the privacy or other rights of the child, it shall inform the parent of their
right to place in the records it maintains on their child, a statement commenting on the
information or setting forth any reasons for disagreeing with the decision of the public agency.
Any explanation placed in the records of your child must:
• Be maintained by the public agency as part of the child’s record as long as the record or
contested portion is maintained by the public agency; and
• Disclose the explanation to any party requesting a copy of the child’s record or the
contested portion.