MontanaHB 59969th Legislature, Regular Session (2025)House

Revise student data collection laws

Sponsored By: Melissa Nikolakakos (Republican)

Signed by Governor

Information TechnologyPrivacyEducation - K-12Minors

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Parental consent for biometrics and recordings

Schools and government must get your permission before taking, sharing, or storing a biometric scan of your child. They must also get your consent before creating, keeping, or sharing your child's blood or DNA records, unless a court orders it. Your consent is required before they make audio or video recordings of your child, except for court or law-enforcement cases, forensic interviews, security cameras, or ID photos.

Parents control children’s health care

You have the right to consent to all physical and mental health care for your child. You can review all of your child's medical records, including records from school-run clinics. School and other government workers, except police, cannot pressure a child to hide information from you. They also cannot keep from you information about your child's physical, emotional, or mental health.

Parents can sue to enforce rights

If your parental rights under this law or related sections are violated, you can sue or raise it as a defense. The winning party can recover reasonable attorney fees and costs.

Parents control care and schooling

The law reserves all fundamental rights to parents for children under 18. You decide where your child learns: public, private, religious, or home school. You also direct your child’s upbringing and moral or religious training. Montana government bodies cannot interfere unless they show a compelling interest and use the least restrictive way.

Stronger rights over school data

You can see all your child's school records, both paper and electronic. Schools must let you opt your child out of surveys or data collection that do not use personal identifiers. Schools must get your permission before collecting data that uses your child’s personal information, including demographic surveys tied to tests used for college admission. You are told about your right to opt out of school health surveys, and schools must tell you if those checks raise concerns. Education records include attendance, test scores, grades, email and online accounts, discipline, counseling notes, applications, health and shots, teacher reviews, clubs, and behavior reports.

School notices, trips, and attendance

Schools must promptly tell you if they suspect your child was abused or a crime was committed against them, unless you are the suspected abuser. You can excuse your child from school for religious reasons. You have the right to join parent-teacher groups approved by the school board. Before a school trip, the school must get your consent if your child would share a room with someone of the opposite sex. If you do not consent, your child can still go and must get a different sleeping arrangement.

Who is covered and legal limits

The law defines who is a parent: a biological or adoptive parent, or someone given exclusive authority over a child's welfare. It explains which public bodies are covered, including the state, cities, counties, and school districts. It defines a substantial burden on parents to include taking away benefits, fines or penalties, or excluding you or your child from a program. It does not change the rules or burden of proof in child-protection court cases.

Sponsors & Cosponsors

Sponsor

Melissa Nikolakakos
Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 248 • No: 150

Senate vote • 4/22/2025

Do Concur

Yes: 29 • No: 21

Senate vote • 4/18/2025

AMD-HB0599.002.001 Emrich D/PASS

Yes: 24 • No: 26

Senate vote • 4/18/2025

Do Concur

Yes: 27 • No: 23

Senate vote • 4/17/2025

Take HB 599 from Comm-McKamey

Yes: 27 • No: 23

House vote • 3/7/2025

Do Pass

Yes: 74 • No: 25

House vote • 3/5/2025