Senate Bill No. 15

Introduced By halligan

By Request of the Juvenile Justice and Juvenile Mental Health Study Commission

A Bill for an Act entitled: "An Act requiring local educational agencies to adopt a policy for the transferring of permanent and special educational records; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Transfer of school records. (1) Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g(b)(1)(E) and its implementing regulations at 34 CFR, part 99, and to the provisions of the Individuals With Disabilities Education Act, 20 U.S.C. 1411 through 1420, and its implementing regulations at 34 CFR, part 300, local educational agencies shall adopt a policy that the permanent file and the file containing special education records of a student will be forwarded to a local educational agency in which the student seeks or intends to enroll or a licensed regional detention facility, as defined in 41-5-103, within 5 working days after a receipt of a written request.

(2) The files must include regular education records, special education records, and any of the following information that is in the student's records:

(a) special education tests;

(b) original immunization records;

(c) disciplinary information; and

(d) any relevant information on the student, including but not limited to information on psychological tests or medical information.

NEW SECTION. Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 20, chapter 1, part 2, and the provisions of Title 20, chapter 1, part 2, apply to [section 1].

NEW SECTION. Section 3.  Effective date. [This act] is effective July 1, 1997.