20-5-408. Enforcement. (1) The governing authority of any school other than a postsecondary school shall prohibit from further attendance any pupil allowed to attend conditionally who has failed to obtain the immunizations required by 20-5-403(1) within time periods established by the department until that pupil has been immunized as required by the department or unless that pupil has been exempted under 20-5-405.

Terms Used In Montana Code 20-5-408

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 20-5-402
  • Governing authority: means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school. See Montana Code 20-5-402
  • Immunization: means induction of a state of resistance to a disease through administration of an immunizing agent. See Montana Code 20-5-402
  • Postsecondary school: means a community college, a unit of the Montana university system, or a private university or college. See Montana Code 20-5-402
  • Pupil: means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
  • School: means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

    (a)any combination of kindergarten through grade 12;

    (b)a postsecondary school; or

    (c)a preschool. See Montana Code 20-5-402

(2)The governing authority shall conform with the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as amended, and its implementing regulations at 34 CFR, part 99.

(3)A student’s health records, including information related to immunizations received and immunization exemptions, are considered part of the student’s education record and are protected from disclosure as provided in the Family Educational Rights and Privacy Act of 1974.