Law / United States / 
Montana
Statewide K-12 data system: protection of student education records and limits on sharing
Mont. Code Ann. § 20-7-104(1)(d), (7)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Access restriction, Governance
- Audit expectation
- none
What it requires
- If you are the office of public instruction, protect each student's education records in the statewide K-12 data system in compliance with the Family Educational Rights and Privacy Act and any applicable state laws exceeding its requirements (section 20-7-104(1)(d)).
- If you are the superintendent of public instruction, do not share or restrict the sharing of student educational records beyond what the Family Educational Rights and Privacy Act and its implementing regulations allow or restrict, except as state law otherwise provides and explicitly directs (section 20-7-104(7)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 20-7-104(1)(d) and (7) require the office of public instruction to protect student education records in the K-12 data system and bar sharing or restricting sharing beyond the federal act. Neither names a log, a retention period, an audit or regulator access. The section states no territorial test.
- Kind
- None
- As of
What this law does
The office of public instruction shall establish, maintain and continually improve a statewide K-12 data system that protects each student's education records in compliance with the Family Educational Rights and Privacy Act and any applicable state laws exceeding those requirements.
In accordance with sections 20-7-136 through 20-7-138 and except as otherwise provided and explicitly directed in state law, the superintendent of public instruction may not share or restrict the sharing of student educational records beyond what the Family Educational Rights and Privacy Act and its implementing regulations allow or restrict.
Section 20-7-104 was enacted by section 4 of chapter 418, Laws of 2011, and amended by chapter 400, Laws of 2013, chapters 12 and 196, Laws of 2019, and chapter 747, Laws of 2023. Sections 1 to 8 of chapter 418, Laws of 2011 took effect on .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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