20-7-1317. Electronic directory photograph repository -- use in search for missing child only -- annual opt-in notice required. (1) The office of public instruction shall create and maintain an electronic directory photograph repository to store directory photographs of individual students. Any directory photographs that are collected and stored pursuant to this section may be used for the sole purpose of making a current photograph available to a law enforcement authority when a student is identified as a missing child.

(2) When a student is identified as a missing child pursuant to Title 44, chapter 2, part 5, the superintendent of public instruction shall:

(a) provide the directory photograph, if there is one available in the repository, to the appropriate law enforcement authority; and

(b) include the directory photograph with the monthly list of missing Montana school children distributed pursuant to 44-2-506.

(3) Inclusion of an individual student's directory photograph in the electronic directory photograph repository is optional. The trustees of each school district shall send an annual notice to the parent or guardian of each student with:

(a) information about the electronic directory photograph repository;

(b) a form to allow the parent or guardian to choose to have the student's photograph included in the repository for that school year;

(c) information about the use of the directory photographs if a student is identified as a missing child; and

(d) information about how to request the student's directory photograph be removed from the repository.

(4) The office of public instruction shall delete from the repository any directory photograph that is 2 years old or older.

(5) The office of public instruction shall provide continuous access to the repository to designated missing persons clearinghouse staff at the department of justice. Access to the repository must include the necessary authority to upload and download photographs of students who have been reported missing.