Montana Code Annotated 2001

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     44-2-511. School enrollment procedures to aid identification of missing children. (1) When a child enrolls in a school district for the first time, the school district shall:
     (a) require that the child's parent, guardian, or legal custodian present to the school, within 40 days of enrollment, proof of identity of the child; and
     (b) request the appropriate school records of the child from the previous school attended by the child. The school enrolling the child shall make the request within 40 days of enrollment of the child.
     (2) If a child's parent, guardian, or legal custodian does not present the proof of identity required in subsection (1) within 40 days of enrollment or if the school district does not receive the school records of the child within 60 days of enrollment, the school shall notify the missing children information program provided in 44-2-503 and a local law enforcement authority of the fact that no proof of identity has been presented for the child.
     (3) A school district that receives a request for the school records of a child shall transfer the records to the requesting school as soon as possible.
     (4) When a school district receives a notice from a law enforcement authority, parent, guardian, or legal custodian that a child who is or has been enrolled in that school has been reported as a missing child, the school district shall:
     (a) flag in some manner the student records of the child; and
     (b) notify the missing children information program and a local law enforcement authority if a request for the school records is received from another school district.
     (5) If it is necessary for a local law enforcement authority to conduct an investigation on a missing child, school personnel may not inform the person claiming custody of the child of the investigation while it is being conducted.
     (6) For the purposes of this section:
     (a) "proof of identity" means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity; and
     (b) "school district" means a school district as defined in 20-6-101 or a nonpublic elementary school or high school in the state.

     History: En. Sec. 1, Ch. 407, L. 1987.

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