Maryland's Largest School District
MONTGOMERY COUNTY PUBLIC SCHOOLS
MONTGOMERY COUNTY PUBLIC SCHOOLS
Scope of Services Mission and Vision Subpoenas Record Requests FAQs Quick Definitions
Under the direction of the Board, and in consultation and collaboration with the Superintendent, the Division of Legal Services coordinates the management of all legal services for the Board of Education, the Superintendent, and MCPS as a whole, except in limited circumstances where separate representation may be required. Board Policy BOA, Legal Services, provides additional detail regarding the scope of services.
The Division of Legal Services provides timely, effective and solutions-oriented legal guidance that minimizes risk.
Proactive advice and solutions.
Address:
15 West Gude Drive, Suite 400
Rockville, MD, 20850
Phone: 240-740-5600
Fax: 301-279-3205
Please serve all subpoenas by emailing a copy of the subpoena to OGCintake@mcpsmd.org
MCPS will respond to a subpoena for student records within a reasonable period of time, not to exceed forty five (45) calendar days, in accordance with COMAR 13A.08.02.13.
With respect to subpoenas for MCPS school professionals to testify in private disputes (e.g. family law matters), MCPS’ practice and preference is for such professions not to become involved in a private dispute because they must maintain a good working relationship with all parents/guardians and requesting them to testify may undermine their relationship with a student’s parents/guardians. Service of a witness subpoena forty-five (45) calendar days prior to the professional’s court appearance date will allow MCPS adequate time to process the request and make necessary staffing arrangements.
FERPA is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records.
The MPIA provides general access to public records from Maryland state, county, or municipal agencies (such as MCPS); this includes the right to obtain and copy disclosable public records. Disclosable records are a document created or received by MCPS in any form in connection with the transaction of public business. However, some public agency records are not disclosable under federal statutes, court rules, or attorney-client privilege. The MPIA also protects certain records from disclosure, such as employee personnel records. In addition, some information contained in public records may be withheld if the agency decides that disclosure of those records would be “contrary to the public interest,” such as: investigatory records, information related to security procedures, and documents of a pre decisional and deliberative nature. For more information on request public records from MCPS under the PIA visit the MCPS Public Information Department’s website.
Email a copy to OGCintake@mcpsmd.org MCPS will respond to a subpoena for student records within a reasonable period of time, not to exceed forty-five (45) calendar days.
See instructions at the MCPS Public Information website.
Parents seeking to review their child’s education records should contact the school directly.
Yes, generally both the custodial and non-custodial parents have access to their students educational records under FERPA unless a court order or other legally binding document restricts it. See regulation JOA-RA for further information about access to student records.
If you graduated or withdrew less than 5 years ago: contact your former school to obtain the records. If you graduated or withdrew 5 or more years ago: follow the instructions on the department of shared accountability website.
The Special Education Resolution and Compliance Unit (RACU) and the Division of Legal Services (DLS) are often intertwined in special education matters, particularly with due process hearings. However, the general difference is that RACU is involved with due process complaints from the moment they are received and DLS is involved once the parents seek legal counsel or the complaint proceeds to a legal level such as the pre-hearing conference of a due process hearing.