Idaho State Statutes - Idaho Attorney Directory

SCHOOL DUTIES -- RECORDS OF MISSING CHILD -- IDENTIFICATION UPON
ENROLLMENT -- TRANSFER OF STUDENT RECORDS. (1) Upon notification by the Idaho
state police of a missing or runaway child report, the school in which the
child is currently enrolled shall flag the record of that child in such a
manner that whenever a copy of or information regarding the record is
requested, the school shall be alerted to the fact that the record is that of
a missing or runaway child. The school shall immediately report to the local
law enforcement agency any request concerning flagged records or knowledge as
to the whereabouts of the missing or runaway child. Upon notification by the
Idaho state police of the return of the missing or runaway child, the school
shall remove the flag from the child's record.
(2) Upon enrollment of a student for the first time in a public or
private elementary or secondary school, the school shall notify in writing the
person enrolling the student that within thirty (30) days he must provide
either a certified copy of the student's birth certificate or other reliable
proof of the student's identity and birthdate, which proof shall be
accompanied by an affidavit explaining the inability to produce a copy of the
birth certificate. Other reliable proof of the student's identity and
birthdate may include a passport, visa or other governmental documentation of
the child's identity.
(a) Upon the failure of a person enrolling a student to comply with the
provisions of this subsection, the school shall immediately notify the
local law enforcement agency of such failure, and shall notify the person
enrolling the student, in writing, that he has ten (10) additional days to
comply.
(b) The school shall immediately report to the local law enforcement
agency any documentation or affidavit received pursuant to this subsection
which appears inaccurate or suspicious in form or content.
(3) Within fourteen (14) days after enrolling a transfer student, the
public or private elementary or secondary school shall request directly from
the student's previous school a certified copy of his record. The requesting
school shall exercise due diligence in obtaining the copy of the record
requested. A student transferring schools within the same school district need
not provide proof of identity and birthdate if the student's record already
contains such verified information. Any public or private elementary or
secondary school which is requested to forward a copy of a transferred
student's record to the student's new school shall comply within ten (10) days
of receipt of the request, unless the record has been flagged pursuant to
subsection (1) of this section, in which case the copy shall not be forwarded
and the school shall notify the local law enforcement agency of the request
for a flagged record; provided however, that any private school accredited by
the state board of education which has an agreement allowing retention of a
student's record when such student's tuition or fees have not been paid may
comply with the provisions of this subsection by notifying the student's new
school that the transferred student's records are being held for nonpayment of
tuition or fees. However, such private school shall be required to notify the
local law enforcement agency if the student's record has been flagged pursuant
to the provisions of subsection (1) of this section, even if the student's
tuition and fees have not been paid.
(4) It shall be the duty of the local law enforcement agency to
immediately investigate each report received from a school of a failure to
comply with the provisions of subsection (2) or (3) of this section.
(5) Failure of a parent, or person in custody of a child, or a person
enrolling a student, to comply with the documentation requirements of this
section after a lawful request by a law enforcement agency, or to cooperate
with a law enforcement investigation lawfully conducted pursuant to this
section, shall constitute a misdemeanor.

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