Law / United States / 
Montana
Education and workforce data governing board: policies for linking and sharing student-level education data
Mont. Code Ann. §§ 20-7-136 to 20-7-138
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Governance, Security, Disclosure
- Audit expectation
- none
What it requires
- If you are the education and workforce data governing board, develop and implement policies and procedures for linking and sharing education and workforce data among the contributing agencies, including the specific types of data that must be shared, the manner in which personally identifiable information is secured, appropriate use and allowable access (section 20-7-138(7)(a)).
- Work with the contributing agencies to create, publish and make publicly available a data inventory and dictionary of data elements with definitions (section 20-7-138(7)(c)).
- Develop and implement policies to ensure compliance with the Family Educational Rights and Privacy Act and all other relevant federal and state privacy laws, and to provide for any additional privacy protections the board determines necessary (section 20-7-138(7)(h)).
- If you are the office of public instruction, the office of the commissioner of higher education or the department of labor and industry, follow the policies the board develops for the education and workforce data you gather and maintain (section 20-7-137(2)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 20-7-138 requires the board to develop policies, publish a data inventory and dictionary and develop compliance policies. A published inventory is a public document and the policies are rules, not a record of processing kept by an operator, and the section sets no log, retention period or audit. The section states no territorial test.
- Kind
- None
- As of
What this law does
Sections 20-7-136 to 20-7-138 of the Montana Code Annotated create an education and workforce data governing board with authority over the linkage of education and workforce data gathered and maintained by state agencies. Education data is data collected or reported at the student level that is included in a student's educational record.
The contributing agencies are the office of public instruction, the office of the commissioner of higher education and the department of labor and industry, which gather and maintain education and workforce data and are subject to the policies the board develops.
The board shall develop and implement policies and procedures for the linking and sharing of education and workforce data among the contributing agencies, including policies describing the manner in which personally identifiable information is secured. The board shall work with the contributing agencies to create, publish and make publicly available a data inventory and dictionary of data elements with definitions.
The board shall develop and implement policies to ensure compliance with the Family Educational Rights and Privacy Act and all other relevant federal and state privacy laws, and to provide for additional privacy protections it determines necessary. Section 20-7-138 was enacted by section 3 of chapter 747, Laws of 2023. Chapter 747, Laws of 2023 took effect on as to all sections.
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