Understanding Student Records and FERPA in Maryland

Student records are a major part of school life, but they are also protected by privacy rules that many families do not fully understand. In Maryland, the main law governing access to and disclosure of student education records is the federal Family Educational Rights and Privacy Act, better known as FERPA. FERPA gives parents certain rights while a student is in K-12 school, and those rights transfer to the student when the student turns 18 or enrolls in postsecondary education at any age. Maryland schools must follow FERPA, and they also operate under state rules that shape how records are handled locally. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/what-ferpa))

For families, the practical takeaway is simple: school records are not public records, and schools cannot share them freely. Education records generally include records directly related to a student and maintained by a school or school district. That can cover grades, attendance, disciplinary files, special education records, health-related school records in some situations, and other documents kept as part of the student's educational file. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/ferpa))

What FERPA Gives Parents and Eligible Students

FERPA gives parents the right to inspect and review their child's education records, request that inaccurate or misleading information be amended, and control disclosure of personally identifiable information from those records, subject to important exceptions. Once a student becomes an "eligible student," those rights move from the parent to the student. In most K-12 settings, that means parents still have access while the student is a minor, but the legal framework changes when the student reaches adulthood or enters college. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/what-ferpa))

In everyday terms, this means a Maryland parent can usually ask to see report cards, attendance records, and other education records kept by the school. If a parent believes a record is wrong, the parent can ask for a correction. If the school refuses, FERPA provides a process for challenging the record. The law also allows complaints to the U.S. Department of Education's Student Privacy Policy Office if a school is not following FERPA requirements. ([ed.gov](https://www.ed.gov/about/contact-us/faqs/Student%20Records%20and%20Privacy))

How Maryland Adds State-Level Rules

Maryland schools follow FERPA, but state regulations add detail to how records are accessed and protected. Maryland regulations recognize that either parent or guardian may generally inspect and review student records unless the school has a court order or legally binding document limiting access. That is especially important in custody situations, because schools often need documentation before denying a noncustodial parent access. ([regulations.justia.com](https://regulations.justia.com/states/maryland/title-13a/subtitle-08/chapter-13a-08-02/section-13a-08-02-29/))

Maryland State Department of Education materials also emphasize privacy and record handling. The state has published guidance on the privacy of student records and maintains a Student Data Privacy Council, reflecting the growing importance of digital systems, vendor access, and data governance in schools. In other words, Maryland is not only applying FERPA in the traditional paper-record sense; it is also paying attention to how student data moves through modern school technology. ([marylandpublicschools.org](https://www.marylandpublicschools.org/about/Documents/DSFSS/Memo-Privacy-of-Student-Records-A.pdf))

What Counts as an Education Record?

Not every note or piece of information at school is automatically an education record, but many common school documents are. Education records are generally records that are directly related to a student and maintained by an educational agency or institution. That can include academic records, discipline records, special education files, and certain health records maintained by the school. Schools also have to think carefully about records that contain information about more than one student, because a parent may inspect only the part that relates to their own child. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/ferpa))

Maryland school systems may also have their own procedures for handling records requests, amendments, and disclosures. For example, local policies often explain how parents can request access, how records are shared with another school when a student transfers, and how the district responds to public records requests without violating student privacy. That matters because a school can be subject to Maryland public records law and still be required to withhold student education records from public disclosure. ([marylandpublicschools.org](https://marylandpublicschools.org/programs/pages/superintendent/communications/pia/index.aspx))

When Schools Can Share Records Without Consent

FERPA is not an absolute ban on sharing. Schools may disclose records without consent in certain situations, such as to school officials with legitimate educational interests, to another school where the student seeks to enroll, or in a health or safety emergency. Maryland schools follow those federal exceptions, and local policies often explain them in more detail. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/ferpa))

That said, schools should still be cautious. The existence of an exception does not mean every disclosure is appropriate. Schools need to know who is requesting the information, why they need it, and whether the disclosure fits within FERPA and any applicable Maryland rules. This is especially important when records are shared across districts, with outside service providers, or through digital platforms. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/may-educational-agency-or-institution-disclose-personally-identifiable-information-students-0))

Special Situations Maryland Families Should Watch

Custody and guardianship issues are among the most common reasons families run into confusion. In Maryland, a school may presume either parent or legal guardian can inspect records unless it has a court order or similar legal document saying otherwise. Families should give the school updated legal paperwork if access rights change. ([regulations.justia.com](https://regulations.justia.com/states/maryland/title-13a/subtitle-08/chapter-13a-08-02/section-13a-08-02-29/))

Another common issue is the transition to college. Once a student turns 18 or attends a postsecondary institution, FERPA rights transfer to the student. Parents who are used to getting automatic access in high school may be surprised when a college refuses to discuss grades or attendance without the student's permission. That is a federal FERPA rule, and Maryland colleges and universities follow it as well. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/what-ferpa))

Health-related records can also create confusion. Some school health records are treated as education records under FERPA when they are maintained by the school. Families should not assume that a nurse's file, counseling note, or school-based health document is outside the privacy rules. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/resources/know-your-rights-ferpa-protections-student-health-records))

Practical Tips for Maryland Parents and Students

• Ask your school how to request a copy of education records and whether the district has a written records policy. ([policy.hcpss.org](https://policy.hcpss.org/9000/9050/implementation/))
• Keep custody orders, guardianship papers, and any access restrictions on file with the school. ([regulations.justia.com](https://regulations.justia.com/states/maryland/title-13a/subtitle-08/chapter-13a-08-02/section-13a-08-02-29/))
• Review records early if you think something is inaccurate, especially before a transfer, graduation, or college application deadline. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/ferpa))
• Remember that once a student becomes an eligible student, the student controls FERPA rights in most postsecondary settings. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/what-ferpa))
• If you believe a school improperly disclosed records, contact the school first and then consider a FERPA complaint through the U.S. Department of Education. ([ed.gov](https://www.ed.gov/about/contact-us/faqs/Student%20Records%20and%20Privacy))

The Bottom Line

In Maryland, student records are protected by a combination of federal FERPA rules and state-level procedures that help schools manage access, privacy, and disclosure. For parents, the key rights are access, amendment, and control over disclosure. For students, those rights eventually become their own. Because school records can affect grades, services, transfers, discipline, and college planning, it is worth understanding the rules before a problem comes up. Maryland families who know their FERPA rights are better prepared to protect student privacy and to work effectively with their school system. ([studentprivacy.ed.gov](https://studentprivacy.ed.gov/faq/what-ferpa))

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Information is sourced from publicaly available information and may be inaccurate