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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