Mont. Admin. R. 10.16.3560 - SPECIAL EDUCATION RECORDS
(1) School
records and confidentiality of information must follow the provisions under the
Family Educational Rights and Privacy Act (FERPA) and its implementing
regulations at 34 CFR, part 99, and must follow the provisions established for
special education under IDEA and its implementing regulations at
34 CFR 300.610
through
300.626.
(2) The OPI shall enforce this rule
consistent with the IDEA. LEAs found to be out of compliance by OPI with
provisions of this policy under IDEA shall be given an opportunity to come into
compliance; demonstrate policies, procedures, or practices to ensure future
compliance; be required to complete a corrective action plan consistent with
this rule and applicable state and federal law; or any other sanctions
determined necessary and appropriate by the OPI.
(3) The special education record retained by
each LEA shall include access log, request for initial evaluation, permission
for evaluation, summaries of assessments, test protocols, and other information
that are not subject to sole possession requirements of FERPA, evaluation
reports, individualized education programs, and reports of the student's
progress toward meeting annual goals of the individualized education
program.
Notes
AUTH: 20-7-402, MCA; IMP: 20-7-403, 20-7-414, MCA
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