(1) Each school shall keep, in secure storage, a permanent file of students' records, that shall include:

(a) the name and address of the student;

(b) his/her parent or guardian;

(d) academic work completed;

(e) level of achievement (grades, standardized achievement tests);

(f) immunization records as per 20-5-406, MCA;

(g) attendance data; and

(h) the statewide student identifier assigned by the Office of Public Instruction.

(2) The local board of trustees shall establish policies and procedures for the use and transfer of student records that are in compliance with 20-1-213, MCA, and state and federal laws governing individual privacy. All educational records collected and maintained by a school shall be kept in a confidential manner according to the implementing regulations of the Family Educational Rights and Privacy Act (FERPA) at 34 CFR part 99.

(3) The local board of trustees shall develop a process for destruction of records pursuant to 20-1-213, MCA, including nonpermanent student records. Nonpermanent student records are records retained in a central file maintained by the school containing a student's cumulative educational records, which are not retained as a student's permanent record detailed in (1).

(4) All inactive permanent records from a school that closes shall be sent to the county superintendent or the appropriate county official.

History: 20-2-114, MCA; IMP, 20-2-121, MCA; NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1994 MAR p. 166, Eff. 1/28/94; AMD & TRANS from 10.55.2002, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2004 MAR p. 2277, Eff. 9/24/04; AMD, 2005 MAR p. 575, Eff. 4/15/05; AMD, 2012 MAR p. 305, Eff. 2/10/12; AMD, 2012 MAR p. 2042, Eff. 7/1/13.