Montana Administrative Register Notice 10-55-258 No. 22   11/25/2011    
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In the matter of the amendment of ARM 10.55.909 relating to student records






TO:  All Concerned Persons


            1.  On December 16, 2011, at 9:00 a.m. the Board of Public Education will hold a public hearing in the Superintendent's Conference Room at 1227 11th Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


2.  The Board of Public Education will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the board no later than 5:00 p.m. on December 12, 2011, to advise us of the nature of the accommodation that you need.  Please contact Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


10.55.909  STUDENT RECORDS  (1) through (1)(e) remain the same.

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

(g)  attendance data.; and

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

(2) and (3) remain the same.


AUTH:  20-2-114, MCA

IMP:      20-2-121, MCA


            4.  REASON:  The Board of Public Education has determined that it is reasonable and necessary to amend ARM 10.55.909, Student Records.  The amendment adds a requirement that a student's permanent record include the statewide student identifier assigned by the Office of Public Instruction.  The addition of the statewide student identifier will assist with the transfer of student information as students move among schools and school districts in Montana and from K-12 to postsecondary enrollment.  The campuses of the Montana University System are set up to receive and store the statewide student identifier from K-12 student transcripts.


5.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana,  59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov and must be received no later than 5:00 p.m., December 23, 2011.


6.  Peter Donovan, Executive Secretary for the Board of Public Education has been designated to preside over and conduct this hearing.


7.  The Board of Public Education maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the board.


8.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.




/s/ Peter Donovan                                        /s/ Patty Myers

Peter Donovan                                             Patty Myers, Chair

Rule Reviewer                                             Board of Public Education


Certified to the Secretary of State November 14, 2011.



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