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Senate Education Committee advances bill expanding parental access to student information, adds expedited appeals process
Summary
The Montana Senate Education Committee voted 8-6 to advance Senate Bill 299 as amended, a measure that expands parents' access to student records and creates a trustee-appointed appeals committee while keeping an opt‑in/opt‑out provision unchanged.
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The Montana Senate Education Committee voted 8-6 to pass Senate Bill 299 as amended, a bill that revises how school districts must provide parents access to student information and that creates a short appeals timeline and a trustee-appointed review committee.
Mr. Jack McCracken, a committee staff member who summarized the bill, said the measure “revises laws regarding parental involvement in a child's education,” adding it would “ensure parents have full access to information, and procedures for parents to register complaints.” The amendment attached at the committee meeting shortens one appeal deadline and sets new requirements for how school boards must investigate complaints.
The amendment moved by Vice Chair Novak reduced the appeal window from 30 days to 14 days and added a requirement that a board of trustees appoint a committee to investigate a parent's appeal. Under the amendment, the committee must meet with the parent, and within 30 days of receiving the appeal submit a recommended response and proposed remedies to the full board; the board must then act on the recommendation within 30 days of receipt or at its next regular meeting. The amendment passed on a roll call vote reported as 12 yes, 2 no; Senators Olson and Windy Boy were recorded as voting nay.
Committee debate focused on three central points: whether the bill should preserve the existing opt‑in/opt‑out approach, how appeals proceed through existing administrative channels, and provisions related to gender identity. Several senators said the amendment did not change the bill's opt‑in language. When asked directly, the vice chair confirmed the bill “would remain an opt in.”
In response to questions about the appeals process and whether the bill needed to restate the chain of administrative review, Mr. Melton (the committee’s legal resource) told the panel that appeals and hearings are codified in Title 20, chapter 3, part 2 of Montana law and that, after local trustees act, disputes can proceed to the state superintendent and then to district court. He said the chain of appeal is already “baked into the code.”
Opponents and skeptics raised substantive concerns during discussion. Senator Wendy Boy announced she would vote no, saying of the amendment, “it sounds like to me that, even though the amendment was put on, it doesn't address the issue at hand.” Senator Morgeau questioned provisions tied to gender identity, saying during debate that “there seems to be … no standards here,” and expressed concern about schools being put in the position of enforcing family disputes. Several other senators said the bill is redundant with existing notice and parent‑notification statutes and expressed doubts about readiness.
Sponsor and proponent remarks emphasized parental primacy in education decisions. In committee remarks urging support, one senator said parents are the primary stakeholders in their children's education and argued the bill would ensure parents are informed and involved.
On final passage, the committee voted 8 yes, 6 no to advance Senate Bill 299 as amended. The committee report records the motion to pass made by Vice Chair Novak; the amendment was offered and explained in committee before the final vote.
The bill’s text references remedies under a separate statutory citation noted in committee discussion as “40‑6‑701, subparagraph 5.” Committee members asked about fiscal impacts; one senator requested a fiscal note earlier in the discussion, and the question of potential civil liability for districts if parents pursue relief was raised during debate.
Senate Bill 299 now will be reported out of the Senate Education Committee as amended.
