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 AND ACCREDITED SCHOOLS to adopt a policy for the transferring of permanent and special educational records; AUTHORIZING THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO ENTER INTO RECIPROCAL RECORDS TRANSFER AGREEMENTS; 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), AS AMENDED, 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 AND ACCREDITED SCHOOLS shall adopt a
policy that A CERTIFIED COPY OF the permanent file, AS DEFINED BY THE BOARD OF PUBLIC EDUCATION,
and the file containing special education records of a student will be forwarded BY MAIL OR ELECTRONICALLY to a
local educational agency OR ACCREDITED SCHOOL 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 OR ELECTRONIC
(2) IF RECORDS CANNOT BE FORWARDED WITHIN 5 DAYS, THE LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL SHALL NOTIFY THE REQUESTOR IN WRITING OR ELECTRONICALLY PROVIDING THE REASONS WHY THE LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL IS UNABLE TO COMPLY WITHIN THE 5-DAY TIMEFRAME AND THE LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL SHALL PROVIDE THE DATE BY WHICH THE REQUESTED RECORDS WILL BE TRANSFERRED.
(3) A LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL MAY NOT REFUSE TO TRANSFER FILES BECAUSE A STUDENT OWES FINES OR FEES.
(2)(4) The files THAT ARE FORWARDED must include regular education records IN THE PERMANENT FILE, 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. ANY DISCIPLINARY ACTIONS TAKEN AGAINST THE STUDENT THAT ARE EDUCATIONALLY
(5) A LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL MAY RELEASE STUDENT INFORMATION TO THE JUVENILE JUSTICE SYSTEM TO ASSIST THE SYSTEM'S ABILITY TO EFFECTIVELY SERVE, PRIOR TO ADJUDICATION, THE STUDENT WHOSE RECORDS ARE RELEASED UNDER PROVISIONS OF 20 U.S.C. 1232G(B)(1)(E) OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974, AS AMENDED. THE OFFICIAL TO WHOM THE RECORDS ARE DISCLOSED SHALL CERTIFY IN WRITING TO THE SENDING OFFICIAL THAT THE INFORMATION WILL NOT, EXCEPT AS PROVIDED BY LAW, BE DISCLOSED TO ANY OTHER PARTY WITHOUT PRIOR WRITTEN CONSENT OF THE PARENT OF THE STUDENT.
(6) THE SUPERINTENDENT OF PUBLIC INSTRUCTION IS ENCOURAGED TO CONTACT OTHER STATES OR PROVINCES AND MAY ENTER INTO RECIPROCAL RECORDS TRANSFER AGREEMENTS WITH THE SUPERINTENDENT OF PUBLIC INSTRUCTION OR A DEPARTMENT OF EDUCATION OF ANY STATE OR PROVINCE. THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL SUPPLY A COPY OF ANY RECIPROCAL RECORDS TRANSFER AGREEMENT THAT IS EXECUTED TO THE COUNTY SUPERINTENDENT OF EACH COUNTY THAT MAY BE AFFECTED BY THE AGREEMENT.
(7) UPON REQUEST, THE LOCAL EDUCATIONAL AGENCY OR ACCREDITED SCHOOL SHALL TRANSFER BY MAIL OR ELECTRONICALLY A COPY OF THE PERMANENT FILE TO A NONPUBLIC SCHOOL OR FACILITY.
(8) AS USED IN THIS SECTION, "LOCAL EDUCATIONAL AGENCY" MEANS A PUBLIC SCHOOL DISTRICT OR A STATE-FUNDED SCHOOL.
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.