Mont. Code Ann. § 20-25-422 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-422
20-25-422 Support of university system
Status: in_force

20-25-422 . Support of university system. (1) For the support and endowment of the university, there is annually and perpetually appropriated:

(a) the university fund income, the proceeds and revenue from the grant of any estate or interest disposed of pursuant to 20-25-307 , and all other sums of money appropriated by law to the university fund after any deductions made under 77-1-109 ;

(b) all tuition and matriculation fees; and

(c) all contributions derived from public or private bounty.

(2) The entire income of all the funds must be placed at the disposal of the board of regents by transfer to its treasurer and must be kept separate and distinct from all other funds. The income must be used solely for the support of the colleges and departments of the university or those connected with the colleges and departments.

(3) All means derived from other public or private bounty must be exclusively devoted to the specific objects designated by the donor.
Mont. Code Ann. § 20-9-511 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-511
20-9-511 Interlocal cooperative fund
Status: in_force

20-9-511 . Interlocal cooperative fund. The trustees of any district serving as a prime agency under an interlocal cooperative agreement shall establish an interlocal cooperative fund under the provisions of 20-9-703 for the financial administration of the interlocal cooperative agreement. Such fund shall be a nonbudgeted fund and shall be financially administered under the provisions of this title for a nonbudgeted fund.
Mont. Code Ann. § 20-8-108 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-108
20-8-108 Provisions for indigent students
Status: in_force

20-8-108 . Provisions for indigent students. If a person to be sent to the Montana school for the deaf and blind is too poor to pay for necessary clothing and transportation, the judge of the district court of the district where the person resides, upon application of any relative or friend or of any officer of the county where the person resides, shall, if the judge considers the person a proper subject, make an order to that effect. The order must be certified by the clerk of the court to the superintendent of the school, who shall then provide the necessary clothing and transportation at the expense of the county, and upon the superintendent rendering proper accounts for the expenditures quarter-annually, the county commissioners shall allow and pay the accounts out of the county treasury.
Mont. Code Ann. § 20-25-1317 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1317
20-25-1317 Disclosures by air ambulance service
Status: in_force

20-25-1317 . Disclosures by air ambulance service. An out-of-network nonhospital-controlled air ambulance service must disclose by July 1 of each year any relationships or financial arrangements with health care providers, insurers, or health plans. This includes but is not limited to employment arrangements, ownership interests, first call agreements, and board memberships. This information must be filed with the department of public health and human services and also posted prominently on the commissioner of insurance's website. The air ambulance service must ensure the continued accuracy of this information throughout the year by submitting written updates within 5 days of any changes to the information.
Mont. Code Ann. § 20-9-439 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-439
20-9-439 Computation of net levy requirement for general obligation bonds -- procedure when levy inadequate
Status: in_force

20-9-439 . Computation of net levy requirement for general obligation bonds -- procedure when levy inadequate. Subject to 20-6-326 , the following provisions apply:

(1) The county superintendent shall compute the levy requirement for each school district's general obligation debt service fund on the basis of the following procedure:

(a) Determine the total money available in the debt service fund for the reduction of the property tax on the district by totaling:

(i) the end-of-the-year fund balance in the debt service fund, less any limited operating reserve as provided in 20-9-438 ;

(ii) anticipated interest to be earned by the investment of debt service cash in accordance with the provisions of 20-9-213 (4) or by the investment of bond proceeds under the provisions of 20-9-435 ;

(iii) any state advance for school facilities distributed to a qualified district under the provisions of 20-9-346 , 20-9-370 , and 20-9-371 ;

(iv) funds transferred from the impact aid fund established pursuant to 20-9-514 that are authorized by 20-9-437 (2) to be used to repay the district's bonds; and

(v) any other money, including money from federal sources, anticipated by the trustees to be available in the debt service fund during the ensuing school fiscal year from sources such as legally authorized money transfers into the debt service fund or from rental income, excluding any guaranteed tax base aid.

(b) Subtract the total amount available to reduce the property tax, determined in subsection (1)(a), from the final budget for the debt service fund as established in 20-9-438 .

(2) The net debt service fund levy requirement determined in subsection (1)(b) must be reported to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values by the county superintendent as the net debt service fund levy requirement for the district, and a levy must be made by the county commissioners in accordance with 20-9-142 .

(3) If the board of county commissioners fails in any school fiscal year to make a levy for any issue or series of bonds of a school district sufficient to raise the money necessary for payment of interest and principal becoming due during the next ensuing school fiscal year, in any amounts established under the provisions of this section, the holder of any bond of the issue or series or any taxpayer of the district may apply to the district court of the county in which the school district is located for a writ of mandate to compel the board of county commissioners of the county to make a sufficient levy for payment purposes. If, upon the hearing of the application, it appears to the satisfaction of the court that the board of county commissioners of the county has failed to make a levy or has made a levy that is insufficient to raise the amount required to be raised as established in the manner provided in this section, the court shall determine the amount of the deficiency and shall issue a writ of mandate directed to and requiring the board of county commissioners, at the next meeting for the purpose of fixing tax levies for county purposes, to fix and make a levy against all taxable property in the school district that is sufficient to raise the amount of the deficiency. The levy is in addition to any levy required to be made at that time for the ensuing school fiscal year. Any costs that may be allowed or awarded the petitioner in the proceeding must be paid by the members of the board of county commissioners and may not be a charge against the school district or the county.
Mont. Code Ann. § 20-7-502 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-502
20-7-502 Duties of superintendent of public instruction
Status: in_force

20-7-502 . Duties of superintendent of public instruction. The superintendent of public instruction shall:

(1) develop, administer, and supervise a program of instruction in traffic education;

(2) establish basic course requirements in instruction for traffic education;

(3) establish the qualifications for a teacher of traffic education;

(4) approve teachers of traffic education when the teachers are qualified;

(5) establish criteria for traffic education course approval based on the basic course requirements, teacher of traffic education qualifications, and the requirements of law;

(6) approve traffic education courses when the courses meet the criteria for approval, including a commercially available private traffic education course;

(7) promulgate a policy for the distribution of the traffic education money to approved traffic education courses and annually order the distribution of the proceeds of the traffic education account in the manner required by law;

(8) assist districts with the conduct of traffic education;

(9) periodically conduct onsite driver education program reviews;

(10) establish any alternative course requirements necessary to allow a district to provide an online or distance learning classroom component for a traffic education course pursuant to 20-7-503 (2)(a); and

(11) establish any alternative course requirements necessary to allow the student's parents or guardian to instruct the student in the hands-on driving component of a traffic education course pursuant to 20-7-503 (2)(b).
Mont. Code Ann. § 20-25-108 — MT Code / Title 20 / Chapter 25 / Part 1 / Section 20-25-108
20-25-108 Research programs -- powers of units
Status: in_force

20-25-108 . Research programs -- powers of units. (1) The units of the system are authorized, singly or in cooperation, to engage in research and development programs with the prior approval of the regents.

(2) Such programs may be conducted by any department of a unit or any organization established to assist the unit. A unit or organization may:

(a) contract with private organizations, companies, firms, or individuals relative to research programs;

(b) conduct research programs with the penal, corrective, or custodial institutions of Montana and engage the voluntary participation of the inmates with the prior approval of the governing board of the institution;

(c) accept contributions, grants, or gifts from private organizations, companies, firms, individuals, governmental agencies or departments for research programs;

(d) make agreements or cooperative undertakings with private organizations, companies, firms, individuals, governmental agencies or departments for research programs;

(e) match the funds of private organizations, companies, firms, individuals, governmental agencies or departments with available funds for research programs;

(f) accumulate, invest, and expend the funds and proceeds from research programs;

(g) acquire real and personal property reasonably required for research programs;

(h) not divert funds, proceeds, or real and personal property from the research programs; and

(i) not charge or obligate the state of Montana or the general funds or a unit or agency.

(3) The legislature declares a public need for scientific research in the units of the system to promote the general welfare and to provide an adequate defense for the United States.
Mont. Code Ann. § 20-7-702 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-702
20-7-702 Authorization to establish adult education programs
Status: in_force

20-7-702 . Authorization to establish adult education programs. The trustees of a district or a community college district created prior to January 1, 2021, may establish and operate an adult education program at any time of the day when facilities and personnel are available. An adult education program may provide both basic and secondary general education, career and technical education, vocational-technical education, American citizenship education, including courses in the English language and American history and government, or any other areas of instruction approved by the trustees.
Mont. Code Ann. § 20-25-1303 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1303
20-25-1303 Duties of commissioner -- group benefits plans and employee premium levels not mandatory subjects for collective bargaining
Status: in_force

20-25-1303 . Duties of commissioner -- group benefits plans and employee premium levels not mandatory subjects for collective bargaining. (1) The commissioner shall:

(a) design group benefits plans and establish premium levels for employees;

(b) establish specifications for bids and accept or reject bids for administering group benefits plans;

(c) negotiate and administer contracts for group benefits plans;

(d) prepare an annual report that:

(i) describes the group benefits plans being administered; and

(ii) details the historical and projected program costs and the status of reserve funds; and

(e) adopt policies for the conduct of business of the advisory committee and to carry out the provisions of this part.

(2) (a) Except as provided in subsection (2)(b), the provisions of Title 33 do not apply to the commissioner when exercising the duties provided for in this part.

(b) Group benefit plans designed under this part must include coverage for telehealth services as provided in 33-22-138 .

(3) The design or modification of group benefits plans and the establishment of employee premium levels are not mandatory subjects for collective bargaining under Title 39, chapter 31.
Mont. Code Ann. § 20-7-608 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-608
20-7-608 Offer or acceptance of emoluments or other inducements -- penalty
Status: in_force

20-7-608 . Offer or acceptance of emoluments or other inducements -- penalty. (1) A textbook dealer or the dealer's agent may not offer any emolument or other inducement to any trustee or school employee to influence the selection, adoption, or purchase of textbooks.

(2) A trustee, county superintendent, or school employee may not accept any emolument or other inducement from a textbook dealer or agent of the dealer for the use of the official's or employee's influence in the selection, adoption, or purchase of textbooks.

(3) The violation of any provisions of this section is a misdemeanor. In addition, any trustee, county superintendent, or school employee convicted of the misdemeanor must be removed from the officer's or employee's position.

(4) This section may not be construed to prevent the supplying of a necessary number of sample textbooks for the purpose of examination by school officials or school employees.
Mont. Code Ann. § 20-5-321 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-321
20-5-321 Attendance with mandatory approval -- tuition and transportation
Status: in_force

20-5-321 . Attendance with mandatory approval -- tuition and transportation. (1) An out-of-district attendance agreement that allows a child to enroll in and attend a school in a Montana school district that is outside of the child's district of residence or in a public school district of a state or province that is adjacent to the county of the child's residence is mandatory whenever any of the following extenuating circumstances exist:

(a) the child resides closer to the school that the child wishes to attend and more than 3 miles from the school the child would attend in the resident district and the resident district does not provide transportation;

(b) (i) the child resides in a location where, because of geographic conditions between the child's home and the school that the child would attend within the district of residence, it is impractical to attend school in the district of residence, as determined by the county transportation committee based on the following criteria:

(A) the length of time that is in excess of the 1-hour limit for each bus trip for an elementary child as authorized under 20-10-121 ;

(B) whether distance traveled is greater than 40 miles one way from the child's home to school on a dirt road or greater than a total of 60 miles one way from the child's home to school in the district of residence over the shortest passable route; or

(C) whether the condition of the road or existence of a geographic barrier, such as a river or mountain pass, causes a hazard that prohibits safe travel between the home and school.

(ii) The decision of the county transportation committee is subject to appeal to the superintendent of public instruction, as provided in 20-3-107 , but the decision must be considered as final for the purpose of the payment of tuition under 20-5-324 (4)(a)(ii) until a decision is issued by the superintendent of public instruction. The superintendent of public instruction may review and rule on a decision of the county transportation committee without an appeal being filed.

(c) (i) the child is a member of a family that is required to send another child outside of the elementary district to attend high school and the child of elementary age may more conveniently attend an elementary school where the high school is located, provided that the child resides more than 3 miles from an elementary school in the resident district or that the parent is required to move to the elementary district where the high school is located to enroll another child in high school. A child enrolled in an elementary school pursuant to this subsection (1)(c)(i) may continue to attend the elementary school after the other child has left the high school.

(ii) the child is a member of a family that is required to send another child outside of the high school district to attend elementary school and the child of high school age may more conveniently attend a high school where the elementary school is located, provided that the child resides more than 3 miles from a high school in the resident district or that the parent is required to move to the high school district where the elementary school is located to enroll another child in elementary school. A child enrolled in a high school pursuant to this subsection (1)(c)(ii) may continue to attend the high school after the other child has left the elementary school.

(d) the child is under the protective care of a state agency or has been adjudicated to be a youth in need of intervention or a delinquent youth, as defined in 41-5-103 ; or

(e) the child is required to attend school outside of the district of residence as the result of a placement in foster care or a group home licensed by the state.

(2) (a) Whenever a parent or guardian of a child, an agency of the state, or a court wishes to have a child attend a school under the provisions of this section, the parent or guardian, agency, or court shall complete an out-of-district attendance agreement in consultation with an appropriate official of the district that the child will attend.

(b) The attendance agreement must set forth the financial obligations, if any, for costs incurred for transportation as provided in 20-5-323 and Title 20, chapter 10.

(3) Except as provided in subsection (4), the trustees of the resident district and the trustees of the district of attendance shall approve the out-of-district attendance agreement. The trustees of the district of attendance shall:

(a) notify the county superintendent of schools of the county of the child's residence of the approval of the agreement within 10 days; and

(b) submit the agreement for a student attending under the provisions of subsection (1)(d) or (1)(e) to the superintendent of public instruction for approval for payment under 20-5-324 .

(4) Unless the child is a child with a disability who resides in the district, the trustees of the district where the school to be attended is located may disapprove an out-of-district attendance agreement whenever they find that, because of insufficient room and overcrowding, the accreditation of the school would be adversely affected by the acceptance of the child.
Mont. Code Ann. § 20-9-311 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-311
20-9-311 Calculation of ANB -- 3-year averaging
Status: in_force

20-9-311 . Calculation of ANB -- 3-year averaging. (1) Average number belonging must be computed for each budget unit as follows:

(a) compute an average enrollment by adding a count of regularly enrolled pupils who were enrolled as of the first Monday in October of the prior school fiscal year to a count of regularly enrolled pupils on the first Monday in February of the prior school fiscal year or the next school day if those dates do not fall on a school day, and divide the sum by two; and

(b) multiply the average enrollment calculated in subsection (1)(a) by the sum of 180 and the approved pupil-instruction-related days for the current school fiscal year and divide by 180.

(2) For the purpose of calculating ANB under subsection (1), up to 7 approved pupil-instruction-related days may be included in the calculation.

(3) When a school district has approval to operate less than the minimum aggregate hours under 20-9-806 , the total ANB must be calculated in accordance with the provisions of 20-9-805 .

(4) (a) Except as provided in subsection (4)(d), for the purpose of calculating ANB, enrollment in an education program:

(i) from 180 to 359 aggregate hours of pupil instruction per school year is counted as one-quarter-time enrollment;

(ii) from 360 to 539 aggregate hours of pupil instruction per school year is counted as half-time enrollment;

(iii) from 540 to 719 aggregate hours of pupil instruction per school year is counted as three-quarter-time enrollment; and

(iv) 720 or more aggregate hours of pupil instruction per school year is counted as full-time enrollment.

(b) Except as provided in subsection (4)(d), enrollment in a program intended to provide fewer than 180 aggregate hours of pupil instruction per school year may not be included for purposes of ANB.

(c) Enrollment in a self-paced program or course may be converted to an hourly equivalent based on the hours necessary and appropriate to provide the course within a regular classroom schedule.

(d) A school district may include in its calculation of ANB a pupil who is enrolled in a program providing fewer than the required aggregate hours of pupil instruction required under subsection (4)(a) or (4)(b) if the pupil has demonstrated proficiency in the content ordinarily covered by the instruction as determined by the school board using district assessments. The ANB of a pupil under this subsection (4)(d) must be converted to an hourly equivalent based on the hours of instruction ordinarily provided for the content over which the student has demonstrated proficiency.

(e) (i) Except as provided in subsection (4)(e)(ii), a pupil who is concurrently enrolled in more than one public school, program, or district may not be counted as more than one full-time pupil for ANB purposes. When a pupil is concurrently enrolled in more than one district, any fractional enrollment under subsection (4)(a) must be attributed first to a pupil's nonresident district.

(ii) A pupil who participates in a jumpstart program under Title 20, chapter 7, part 18, may be counted as up to 1 1/4 enrollment for ANB purposes. A district providing a jumpstart program shall add one-quarter enrollment for a pupil who participated in the district's jumpstart program to the pupil's regular enrollment count under this subsection (4) in both the October and February enrollment counts following the student's participation in the jumpstart program.

(5) When a pupil has been absent, with or without excuse, for more than 10 consecutive school days, the pupil may not be included in the enrollment count used in the calculation of the ANB unless the pupil resumes attendance prior to the day of the enrollment count.

(6) (a) (i) The enrollment of preschool pupils in preschool programs created at the discretion of trustees as provided in 20-7-117 may not be included in the ANB calculations.

(ii) Preschool children with disabilities receiving special education services as required under 20-7-411 (3) may be included in ANB calculations based on the aggregate hours of pupil instruction as provided in subsection (4) of this section.

(b) Except as provided in subsection (6)(c), a pupil who has reached 19 years of age by September 10 of the school year may not be included in the ANB calculations.

(c) A pupil with disabilities who is over 19 years of age and has not yet reached 21 years of age by September 10 of the school year and who is receiving special education services from a school district pursuant to 20-7-411 (4)(a) may be included in the ANB calculations if:

(i) the student has not graduated;

(ii) the student is eligible for special education services and is likely to be eligible for adult services for individuals with developmental disabilities due to the significance of the student's disability; and

(iii) the student's individualized education program has identified transition goals that focus on preparation for living and working in the community following high school graduation since age 16 or the student's disability has increased in significance after age 16.

(d) A school district providing special education services pursuant to subsection (6)(c) is encouraged to collaborate with agencies and programs that serve adults with developmental disabilities in meeting the goals of a student's transition plan.

(7) The ANB of the regularly enrolled pupils for the public schools of a district must be based on the aggregate of all the regularly enrolled pupils attending the schools of the district, except that:

(a) the ANB is calculated as a separate budget unit when:

(i) a school of the district is located more than 20 miles beyond the incorporated limits of a city or town located in the district and at least 20 miles from any other school of the district, the number of regularly enrolled pupils of the school must be calculated as a separate budget unit for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district;

(ii) a school of the district is located more than 20 miles from any other school of the district and incorporated territory is not involved in the district, the number of regularly enrolled pupils of the school must be calculated separately for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district;

(iii) the superintendent of public instruction approves an application not to aggregate when geographic barriers exist affecting transportation, such as poor roads, mountains, rivers, or other obstacles to travel, that would result in an unusual hardship to the pupils of the school if they were transported to another school, the number of regularly enrolled pupils of the school must be calculated separately for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district; or

(iv) two or more districts reorganize or annex under the provisions of 20-6-422 or 20-6-423 , the ANB and the basic entitlements of the component districts must be calculated separately for a period of 3 years following the reorganization or annexation. Each district shall retain a percentage of its basic entitlement for 3 additional years as follows:

(A) 75% of the basic entitlement for the fourth year;

(B) 50% of the basic entitlement for the fifth year; and

(C) 25% of the basic entitlement for the sixth year.

(b) when a junior high school has been approved and accredited as a junior high school, all of the regularly enrolled pupils of the junior high school must be considered as high school district pupils for ANB purposes;

(c) when a middle school has been approved and accredited, all pupils below the 7th grade must be considered elementary school pupils for ANB purposes and the 7th and 8th grade pupils must be considered high school pupils for ANB purposes; or

(d) when a school has been designated as nonaccredited by the board of public education because of failure to meet the board of public education's assurance and performance standards, the regularly enrolled pupils attending the nonaccredited school are not eligible for ANB calculation purposes, nor will an ANB for the nonaccredited school be used in determining the BASE funding program for the district.

(8) The district shall provide the superintendent of public instruction with semiannual reports of school attendance, absence, and enrollment for regularly enrolled students, using a format determined by the superintendent.

(9) (a) Except as provided in subsections (9)(b) and (9)(c), enrollment in a basic education program provided by the district through any combination of in-person or remote instruction may be included for ANB purposes only if the pupil is offered access to the complete range of educational services for the basic education program required by the accreditation standards adopted by the board of public education.

(b) Access to school programs and services for a student placed by the trustees in a private program for special education may be limited to the programs and services specified in an approved individual education plan supervised by the district.

(c) Access to school programs and services for a student who is incarcerated in a facility, other than a youth detention center, may be limited to the programs and services provided by the district at district expense under an agreement with the incarcerating facility.

(d) This subsection (9) may not be construed to require a school district to offer access to activities governed by an organization having jurisdiction over interscholastic activities, contests, and tournaments to a pupil who is not otherwise eligible under the rules of the organization.

(10) A district may include only, for ANB purposes, an enrolled pupil who is otherwise eligible under this title and who is:

(a) a resident of the district or a nonresident student admitted by trustees under a student attendance agreement and who is attending a school or an offsite instructional setting of the district;

(b) unable to attend school due to a medical reason certified by a medical doctor and receiving individualized educational services supervised by the district, at district expense, at a home or facility that does not offer an educational program;

(c) unable to attend school due to the student's incarceration in a facility, other than a youth detention center, and who is receiving individualized educational services supervised by the district, at district expense, at a home or facility that does not offer an educational program;

(d) receiving special education and related services, other than day treatment, under a placement by the trustees at a private nonsectarian school or private program if the pupil's services are provided at the district's expense under an approved individual education plan supervised by the district;

(e) participating in the running start program at district expense under 20-9-706 ;

(f) receiving educational services, provided by the district, using appropriately licensed district staff at a private residential program or private residential facility licensed by the department of public health and human services;

(g) enrolled in an educational program or course provided at district expense using remote delivery methods, including but not limited to tutoring, distance learning programs, online programs, and technology delivered learning programs. The pupil:

(i) must meet the residency requirements for that district as provided in 1-1-215 ;

(ii) shall live in the district and must be eligible for educational services under the Individuals With Disabilities Education Act or under 29 U.S.C. 794; or

(iii) must be enrolled in the educational program or course under a mandatory attendance agreement as provided in 20-5-321 ; or

(iv) must be receiving remote instruction under 20-7-118 (1)(c).

(h) a resident of the district attending the Montana youth challenge program or a Montana job corps program under an interlocal agreement with the district under 20-9-707 .

(11) A district shall, for ANB purposes, calculate the enrollment of an eligible Montana youth challenge program participant as half-time enrollment.

(12) (a) A district may, for ANB purposes, include in the October and February enrollment counts an individual who is otherwise eligible under this title and who during the prior school year:

(i) resided in the district;

(ii) was not enrolled in the district or was not enrolled full time; and

(iii) completed an extracurricular activity with a duration of at least 6 weeks.

(b) (i) Except as provided in subsection (12)(b)(ii), each completed extracurricular activity under subsection (12)(a) may be counted as one-sixteenth enrollment for the individual, but under this subsection (12) the individual may not be counted as more than one full-time enrollment for ANB purposes.

(ii) Each completed extracurricular activity lasting longer than 18 weeks may be counted as one-eighth enrollment.

(c) For the purposes of this section, "extracurricular activity" means:

(i) a sport or activity sanctioned by an organization having jurisdiction over interscholastic activities, contests, and tournaments;

(ii) an approved career and technical student organization, pursuant to 20-7-306 ; or

(iii) a school theater production.

(13) (a) For an elementary or high school district that has been in existence for 3 years or more, the district's maximum general fund budget and BASE budget for the ensuing school fiscal year must be calculated using the current year ANB for all budget units or the 3-year average ANB for all budget units, whichever generates the greatest maximum general fund budget.

(b) For a K-12 district that has been in existence for 3 years or more, the district's maximum general fund budget and BASE budget for the ensuing school fiscal year must be calculated separately for the elementary and high school programs pursuant to subsection (13)(a) and then combined.

(14) The term "3-year ANB" means an average ANB over the most recent 3-year period, calculated by:

(a) adding the ANB for the budget unit for the ensuing school fiscal year to the ANB for each of the previous 2 school fiscal years; and

(b) dividing the sum calculated under subsection (14)(a) by three.
Mont. Code Ann. § 20-10-141 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-141
20-10-141 Schedule of maximum reimbursement by mileage rates
Status: in_force

20-10-141 . Schedule of maximum reimbursement by mileage rates. (1) The mileage rates in subsection (2) for school transportation constitute the maximum reimbursement to districts for school transportation from state and county sources of transportation revenue under the provisions of 20-10-145 and 20-10-146 . These rates may not limit the amount that a district may budget in its transportation fund budget in order to provide for the estimated and necessary cost of school transportation during the ensuing school fiscal year. All bus miles traveled on bus routes approved by the county transportation committee are reimbursable. Nonbus mileage is reimbursable for a vehicle driven by a bus driver to and from an overnight location of a school bus when the location is more than 10 miles from the school. A district may approve additional bus or nonbus miles within its own district or approved service area but may not claim reimbursement for the mileage. Any vehicle, the operation of which is reimbursed for bus mileage under the rate provisions of this schedule, must be a school bus, as defined by this title, driven by a qualified driver on a bus route approved by the county transportation committee and the superintendent of public instruction.

(2) Subject to adjustment by the superintendent of public instruction pursuant to section 20, Chapter 658, Laws of 2025:

(a) the rate for each bus mile traveled must be determined in accordance with the following schedule:

(i) 50 cents for a school bus as defined in 20-10-101 (5)(a)(ii);

(ii) 95 cents for a school bus with a rated capacity of not more than 49 passenger seating positions;

(iii) $1.15 for a school bus with a rated capacity of 50 to 59 passenger seating positions;

(iv) $1.36 for a school bus with a rated capacity of 60 to 69 passenger seating positions;

(v) $1.57 for a school bus with a rated capacity of 70 to 79 passenger seating positions; and

(vi) $1.80 for a school bus with 80 or more passenger seating positions.

(b) Nonbus mileage, as provided in subsection (1), must be reimbursed at a rate of 50 cents a mile.

(3) The rated capacity is the number of passenger seating positions of a school bus as determined under the policy adopted by the board of public education. If modification of a school bus to accommodate pupils with disabilities reduces the rated capacity of the bus, the reimbursement to a district for pupil transportation is based on the rated capacity of the bus prior to modification.

(4) The number of pupils riding the school bus may not exceed the passenger seating positions of the bus.
Mont. Code Ann. § 20-9-405 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-405
20-9-405 Proportional joint ownership -- disposition of money
Status: in_force

20-9-405 . Proportional joint ownership -- disposition of money. The facility constructed under 20-9-404 must be jointly owned by the school districts or other political subdivisions contributing to its construction in proportion to the contribution of each political subdivision. The sale or other disposition of a district's interest in the facility must be made in accordance with 20-6-604 . Money received from the sale or disposition of a district's interest in a facility must be credited to the debt service fund, building fund, general fund, or any combination of these three funds, at the discretion of the trustees.
Mont. Code Ann. § 20-6-812 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-812
20-6-812 Funding for public charter schools
Status: in_force

20-6-812 . Funding for public charter schools. (1) It is the intent of the legislature that a public charter school receive operational funding on a per-pupil basis that is equitable with the per-pupil funding of the located school district.

(2) (a) This subsection (2) applies to the budgeting and funding of a public charter school operated by a local school board.

(b) A public charter school must be considered a separate budget unit of the located school district and must have its ANB calculated separately from other budget units of the district. Except as provided in subsection (2)(c), a public charter school must receive a basic entitlement calculated separately from other budget units of the district when its ANB is greater than:

(i) 70 for an elementary school or program;

(ii) 20 for a middle school or program; or

(iii) 40 for a high school or program.

(c) For the first operating year of a public charter school:

(i) the public charter school is not eligible for the per-ANB entitlement, and the public charter school's eligibility for a separate basic entitlement under subsection (2)(a) must be based on the planned enrollment provided in the public charter school's application as required in 20-6-805 (3) and converted to ANB; and

(ii) if, after the October enrollment count, the public charter school's actual enrollment converted to ANB does not meet the eligibility requirements for a separate basic entitlement under subsection (2)(b), the basic entitlement of the public charter school is subject to the return of overpayment provisions under 20-9-344 .

(d) For the second and third operating years of a public charter school, a public charter school's 3-year-average ANB is equal to its current year ANB.

(3) (a) This subsection (3) applies to the budgeting and funding of a public charter school district.

(b) The funding of the public charter school district must be distributed as BASE aid, except as provided in this subsection (3)(b), at 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator and qualified staff payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. The total amount of funding received by a public charter school district under this subsection (3)(b) is both the minimum amount and the maximum amount of state funding for the public charter school district unless otherwise appropriated by the legislature.

(c) Except as provided in subsection (3)(d), a public charter school district is not eligible for a basic entitlement unless its ANB is greater than:

(i) 70 for an elementary school or program;

(ii) 20 for a middle school or program; or

(iii) 40 for a high school or program.

(d) For the first operating year of a public charter school district:

(i) the public charter school district's per-ANB entitlement, Indian education for all payment, data-for-achievement payment, special education allowable cost payment, and eligibility for a basic entitlement must be based on the planned enrollment provided in the public charter school district's application as required in 20-6-805 (3) and converted to ANB; and

(ii) if, after the October enrollment count, the public charter school district's actual enrollment converted to ANB is less than its planned enrollment converted to ANB or does not meet the eligibility requirements for a basic entitlement pursuant to subsection (3)(c), the public charter school district is subject to the return of overpayment provisions under 20-9-344 .

(4) Students attending a public charter school governed by a local school board who are not residents of the located school district generate funding in the same manner as other nonresident students attending a school of the located district under an out-of-district attendance agreement pursuant to Title 20, chapter 5, part 3.

(5) (a) Except as provided in subsection (5)(b), a public charter school district is prohibited from charging tuition and fees, and the provisions for out-of-district attendance under Title 20, chapter 5, part 3, do not apply to a public charter school district.

(b) The provisions for out-of-district attendance for a child with a disability under Title 20, chapter 5, part 3, apply to a public charter school district, including the resident school district's obligation to support a portion of the costs of the child's education.

(6) For a public charter school that is not governed by the local school board, the county treasurer of the county in which a public charter school is located shall establish funds for the public charter school separate from the funds of the located school district.

(7) The governing board of a public charter school shall report annually on the financial activities of the public charter school in the manner prescribed in 20-9-213 (6).

(8) A public charter school district may obligate the public charter school district to indebtedness and is solely responsible for those debts. A public charter school district is not responsible for any debt service obligations that exist in the located school district.

(9) (a) Nothing in this part may be construed to prohibit any person or organization from providing funding or other assistance for the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts or donations of any kind made to the public charter school and to expend or use the gifts or donations in accordance with the conditions prescribed by the donor. A gift or donation may not be accepted if the gift or donation is subject to a condition that is contrary to any provision of law or term of the charter contract.

(b) A public charter school district may receive donations for innovative educational programs as provided for in 15-30-2334 , 15-30-3110 , and 15-31-158 .

(10) Money received by a public charter school from any source and remaining in the public charter school's accounts at the end of a budget year must remain in the public charter school's accounts for use by the public charter school in subsequent years.
Mont. Code Ann. § 20-1-401 — MT Code / Title 20 / Chapter 1 / Part 4 / Section 20-1-401
20-1-401 Disaster drills to be conducted regularly -- districts to identify disaster risks and adopt school safety plan
Status: in_force

20-1-401 . Disaster drills to be conducted regularly -- districts to identify disaster risks and adopt school safety plan. (1) As used in this part, "disaster" means the occurrence or imminent threat of damage, injury, or loss of life or property. Disaster drills must be conducted regularly in accordance with this part.

(2) A board of trustees shall identify the local hazards that exist within the boundaries of its school district and design and incorporate drills in its school safety plan or emergency operations plan to address those hazards.

(3) (a) A board of trustees shall adopt a school safety plan or emergency operations plan that addresses issues of school safety relating to school buildings and facilities, communications systems, and school grounds with the input from the local community and that addresses coordination with the county or regional interdisciplinary child information and school safety team provided for in 52-2-211 . The trustees shall review the school safety plan or emergency operations plan at least annually and update the plan as determined necessary by the trustees based on changing circumstances pertaining to school safety.

(b) The school safety plan or emergency operations plan must include the following threat assessment practices:

(i) the adoption of a threat assessment protocol, outlining policies and procedures for implementation when there is notification of a student threat of harm to others or property; and

(ii) an identified threat assessment team, composed of key staff, that meets at least monthly and may include behavioral threat assessment addressing students in need of academic and behavioral supports or interventions.

(c) The trustees shall certify annually to the office of public instruction that the adopted school safety plan or emergency operations plan has been reviewed. Once the trustees have made the certification to the office of public instruction, the trustees may transfer funds pursuant to 20-9-236 to make improvements to school safety and security.
Mont. Code Ann. § 20-4-120 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-120
20-4-120 Alternative teacher credentialing
Status: in_force

20-4-120 . Alternative teacher credentialing. (1) The superintendent of public instruction shall issue a class 2 standard certificate to an applicant who meets all of the following requirements:

(a) the applicant holds a bachelor's degree from an accredited college or university;

(b) the applicant passes a criminal history background check in the manner prescribed under rules adopted by the board of public education;

(c) the applicant completes coursework related to Indian education for all, pursuant to Title 20, chapter 1, part 5, that is required of other class 2 standard certificate applicants under rules adopted by the board of public education; and

(d) the applicant has successfully completed an alternative teacher certification and endorsement program that includes the following:

(i) subject-area content training in the area in which the applicant seeks to be certified and endorsed; and

(ii) pedagogical training that covers effective instructional delivery, classroom management and organization, assessment, instructional design, and professional learning and leadership.

(2) An individual who successfully completes an alternative teacher certification and endorsement program and who is granted a class 2 standard certificate under this section:

(a) is authorized to teach the subjects and grade levels corresponding with the individual's completed alternative teacher certification and endorsement program; and

(b) may be required by the board of public education to participate in a district mentorship and induction program in the first year of full-time employment.

(3) The state shall treat an individual who successfully earns a class 2 standard certificate under this section in the same manner as an individual who completes a traditional teacher preparation program and is issued a class 2 standard certificate, including following the same process for certifications under 20-4-106 that require a class 2 standard certificate as a prerequisite to other certifications.

(4) For purposes of this part, the following definitions apply:

(a) "Alternative teacher certification and endorsement program" means a teacher certification and endorsement program that meets the requirements of this section, and has been approved by the board of public education upon recommendation of the superintendent of public instruction. The approval of an alternative teacher certification and endorsement program may not require a supervised teaching experience or licensure from another state or any characteristic except as provided in this section and must require either:

(i) affiliation with or status as a public or private institution of higher education; or

(ii) that the alternative teacher certification and endorsement program is accepted for teacher licensure in at least five states and has operated for at least 10 years.

(b) "Certification and endorsement" means the classifications of teacher and specialist certificates and the corresponding subject fields for endorsement according to the board of education policy for certification endorsement as referenced in 20-4-106 .
Mont. Code Ann. § 20-9-151 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-151
20-9-151 Budgeting procedure for joint districts
Status: in_force

20-9-151 . Budgeting procedure for joint districts. (1) The trustees of a joint district shall adopt a budget according to the school budgeting laws and send a copy of the budget to the county superintendent of each county in which a part of the joint district is located. After approval by the trustees of the joint district, the final budgets of joint districts must be filed in the office of the county superintendent of each county in which a part of a joint district is located.

(2) The county superintendents receiving the budget of a joint district shall jointly compute the estimated budget revenue and determine the number of mills that need to be levied in the joint district for each fund for which a levy is to be made. The superintendent of public instruction shall establish a communication procedure to facilitate the joint estimation of revenue and determination of the tax levies.

(3) After determining, in accordance with law, the number of mills that need to be levied for each fund included on the final budget of the joint district, a joint statement of the required mill levies must be prepared and signed by the county superintendents involved in the computation. A copy of the statement must be delivered to the board of county commissioners of each county in which a part of the joint district is located by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values.
Mont. Code Ann. § 20-10-123 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-123
20-10-123 Provision of transportation for nonpublic school children
Status: in_force

20-10-123 . Provision of transportation for nonpublic school children. Any child attending a nonpublic school may ride a school bus when a permit to ride the school bus is secured from the operating district by the parent or guardian of the nonpublic school child and when there is seating capacity available on the school bus. When a nonpublic school child rides a school bus, the operating district may charge the child a proportionate share, as determined by the trustees, of the cost of operating the school bus. Money realized from the payments must be deposited to the credit of the transportation fund.
Mont. Code Ann. § 20-4-108 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-108
20-4-108 Term of teacher and specialist certificates -- renewal
Status: in_force

20-4-108 . Term of teacher and specialist certificates -- renewal. (1) A teacher or specialist certificate issued by the superintendent of public instruction must bear the dates of issue and validity and is valid for a term of 5 school fiscal years, except that a class 5 provisional certificate is valid for the number of years, up to a maximum of 5 years, provided by the policies of the board of public education. The period of validity for any certificate begins on July 1 immediately preceding the date of issue, except that a teacher or specialist who applies for certification after January 1 may, upon request, have the period of validity of the certificate begin on July 1 following the date of application.

(2) Teacher and specialist certificates must be renewed for similar periods of time on the basis of the board of public education policies for teacher and specialist certification renewal.
Mont. Code Ann. § 20-9-423 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-423
20-9-423 Form, contents, and circularization of petition proposing school district bond election
Status: in_force

20-9-423 . Form, contents, and circularization of petition proposing school district bond election. Any petition for the calling of an election on the proposition of issuing school district bonds must:

(1) specify whether the bonds will be general obligation bonds, oil and natural gas revenue bonds, or impact aid revenue bonds and, if oil and natural gas revenue bonds, whether a tax deficiency is pledged to the repayment of the bonds;

(2) plainly state each purpose of the proposed bond issue and the estimated amount of the bonds that would be issued for each purpose;

(3) be signed by not less than 20% of the school district electors qualified to vote under the provisions of 20-20-301 in order to constitute a valid petition;

(4) be a single petition or it may be composed of more than one petition, all being identical in form, and after being circulated and signed, they must be fastened together to form a single petition when submitted to the county registrar;

(5) be circulated by any one or more qualified electors of the school district; and

(6) contain an affidavit of each registered elector circulating a petition attached to the portion of the petition circulated. The affidavit must attest to the authenticity of the signatures and that the signers knew the contents of the petition at the time of signing it.
Mont. Code Ann. § 20-6-508 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-508
20-6-508 Kindergarten through grade 12 system
Status: in_force

20-6-508 . Kindergarten through grade 12 system. Unless otherwise required by law, the trustees of an elementary district in which a high school is located and the trustees of the high school district operating such high school may organize the schools of their districts to form a kindergarten through grade 12 school system, provided that the high school and elementary trustees shall not assume responsibility for the administration of grades which are not properly within their jurisdiction.
Mont. Code Ann. § 20-3-324 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-324
20-3-324 Powers and duties
Status: in_force

20-3-324 . (Temporary) Powers and duties. As prescribed elsewhere in this title, the trustees of a district shall exercise supervision and control of the schools of the district in providing its educational program pursuant to Article X, section 8, of the Montana constitution, and shall:

(1) employ or dismiss a teacher, principal, or other assistant upon the recommendation of the district superintendent, the county high school principal, or other principal as the board considers necessary, accepting or rejecting any recommendation as the trustees in their sole discretion determine, in accordance with the provisions of Title 20, chapter 4;

(2) employ and dismiss administrative personnel, clerks, secretaries, teacher's aides, custodians, maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel considered necessary to carry out the various services of the district;

(3) administer the attendance and tuition provisions and govern the pupils of the district in accordance with the provisions of the pupils chapter of this title;

(4) call, conduct, and certify the elections of the district in accordance with the provisions of the school elections chapter of this title;

(5) participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of Title 19;

(6) participate in district boundary change actions in accordance with the provisions of the school districts chapter of this title;

(7) organize, open, close, or acquire isolation status for the schools of the district in accordance with the provisions of the school organization part of this title;

(8) adopt and administer the annual budget or a budget amendment of the district in accordance with the provisions of the school budget system part of this title;

(9) conduct the fiscal business of the district in accordance with the provisions of the school financial administration part of this title;

(10) establish the ANB, BASE budget levy, over-BASE budget levy, and operating reserve amounts for the general fund of the district in accordance with the provisions of the general fund part of this title;

(11) establish, maintain, budget, and finance the transportation program of the district in accordance with the provisions of the transportation parts of this title;

(12) issue, refund, sell, budget, and redeem the bonds of the district in accordance with the provisions of the bonds parts of this title;

(13) when applicable, establish, financially administer, and budget for the tuition fund, retirement fund, building reserve fund, adult education fund, nonoperating fund, school food services fund, miscellaneous programs fund, building fund, lease or rental agreement fund, traffic education fund, impact aid fund, interlocal cooperative fund, and other funds as authorized by the state superintendent of public instruction in accordance with the provisions of the other school funds parts of this title;

(14) when applicable, administer any interlocal cooperative agreement, gifts, legacies, or devises in accordance with the provisions of the miscellaneous financial parts of this title;

(15) hold in trust, acquire, and dispose of the real and personal property of the district in accordance with the provisions of the school sites and facilities part of this title;

(16) operate the schools of the district in accordance with the provisions of the school calendar part of this title;

(17) set the length of the school term, school day, and school week in accordance with 20-1-302 ;

(18) establish and maintain the educational program of the schools of the district in accordance with the provisions of the instructional services, textbooks, K-12 career and vocational/technical education, and special education parts of this title. In undertaking its duties related to the district's educational program, the board of trustees may:

(a) waive any specific course requirement otherwise required for graduation based on individual student needs and performance levels, age, maturity, interest, and aspirations of the pupil, in consultation with the pupil's parents or guardians; and

(b) provide credit for a course satisfactorily completed in a period of time shorter or longer than normally required as set forth in 20-9-311 (4)(d) or through content proficiency gained through alternative means. Examples of alternative means by which content proficiency may be achieved include but are not limited to correspondence, extension, and distance learning courses, adult education, summer school, work study, work-based learning partnerships, and other experiential learning opportunities, custom-designed courses, and challenges to current courses. Montana schools shall accept units of credit taken with the approval of the accredited Montana school in which the student was then enrolled and which appear on the student's official school transcript.

(19) establish and maintain the school food services of the district in accordance with the provisions of the school food services parts of this title;

(20) make reports from time to time as the county superintendent, superintendent of public instruction, and board of public education may require;

(21) retain, when considered advisable, a physician or registered nurse to inspect the sanitary conditions of the school or the general health conditions of each pupil and, upon request, make available to any parent or guardian any medical reports or health records maintained by the district pertaining to the child;

(22) for each member of the trustees, visit each school of the district not less than once each school fiscal year to examine its management, conditions, and needs, except that trustees from a first-class school district may share the responsibility for visiting each school in the district;

(23) procure and display outside daily in suitable weather on school days at each school of the district an American flag representing the United States and manufactured in the United States that measures not less than 3 feet by 5 feet;

(24) provide that an American flag representing the United States and manufactured in the United States that measures at least 16 inches by 24 inches be prominently displayed in each classroom in each school of the district no later than the beginning of the school year, except in a classroom in which the flag may get soiled. Districts are encouraged to work with military organizations and civic groups to acquire flags through donation, and this requirement is waived if the flags are not provided by a military organization or civic group.

(25) for grades 7 through 12, provide that legible copies of the United States constitution, the United States bill of rights, and the Montana constitution printed in the United States or in electronic form are readily available in every classroom no later than the beginning of the school year. Districts are encouraged to work with civic groups to acquire the documents through donation, and this requirement is waived if the documents are not provided by a civic group.

(26) adopt and administer a district policy on assessment for placement of any child who enrolls in a school of the district from a nonpublic school that is not accredited, as required in 20-5-110 ;

(27) upon request and in compliance with confidentiality requirements of state and federal law, disclose to interested parties school district student assessment data for any test required by the board of public education;

(28) consider and may enter into an interlocal agreement with a postsecondary institution, as defined in 20-9-706 , that authorizes 11th and 12th grade students to obtain credits through classes available only at a postsecondary institution;

(29) approve or disapprove the conduct of school on a Saturday in accordance with the provisions of 20-1-303 ;

(30) submit a plan to correct the noncompliance and prevent future instances of noncompliance to the superintendent of public instruction for failure to implement the district's student protection policy required in 20-3-323 (1)(d); and

(31) perform any other duty and enforce any other requirements for the governance of the schools pursuant to the constitutional power of supervision and control of schools vested in elected school boards pursuant to Article X, section 8, of the Montana constitution as prescribed by this title, the policies of the board of public education, or the rules of the superintendent of public instruction.
Mont. Code Ann. § 20-7-106 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-106
20-7-106 Terminated
Status: in_force

20-7-106 . Terminated. Sec. 6, Ch. 416, L. 2021.
Mont. Code Ann. § 20-1-303 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-303
20-1-303 Conduct of school on Saturday or Sunday prohibited -- exceptions
Status: in_force

20-1-303 . Conduct of school on Saturday or Sunday prohibited -- exceptions. (1) Except as provided in subsections (2) and (3), pupil instruction may not be conducted on Saturday or Sunday.

(2) In emergencies, including during reasonable efforts of the trustees to make up aggregate hours of instruction lost during a declaration of emergency by the trustees under 20-9-806 , pupil instruction may be conducted on a Saturday when it is approved by the trustees of the school district.

(3) Pupil instruction may also be held on a Saturday at the discretion of a school district for the purpose of providing additional pupil instruction beyond the minimum aggregate hours of instruction required in 20-1-301 , provided that student attendance is voluntary.
Mont. Code Ann. § 20-15-204 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-204
20-15-204 Election of trustees -- districts from which elected -- terms of office
Status: in_force

20-15-204 . Election of trustees -- districts from which elected -- terms of office. (1) Pursuant to 20-15-208 , the county election administrator shall conduct the election of trustees of the proposed community college district at the same time as the election to be held for the approval of the community college district's organization.

(2) If the county election administrator determines that the proposal to organize a new community college district has carried pursuant to 20-15-209 , the county election administrator shall determine which candidates have been elected trustees.

(3) Seven trustees must be elected at large, except that if there is in the proposed community college district one or more high school districts or part of a high school district within the community college district with more than 43% and not more than 50% of the total population of the proposed district, as determined by the last census, then each such district or part of district shall elect three trustees and the remaining trustees must be elected at large from the remainder of the proposed community college district. Should any high school district or part of a high school district within the community college district have more than 50% of the population of the proposed district, then four trustees must be elected from that high school district or part of a high school district and the remaining trustees must be elected at large from the remainder of the proposed community college district.

(4) If the trustees are elected at large throughout the entire proposed community college district, the three receiving the greatest number of votes must be elected for a term of 3 years, the two receiving the next greatest number of votes, for a term of 2 years, and the two receiving the next greatest number of votes, for a term of 1 year. If the trustees are elected in any manner other than at large throughout the entire proposed community college district, then the trustees elected shall determine by lot the three who shall serve for 3 years, the two who shall serve for 2 years, and the two who shall serve for 1 year. Thereafter, all trustees elected shall serve for terms of 3 years each.
Mont. Code Ann. § 20-15-103 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-103
20-15-103 Supervision and coordination by board of regents
Status: in_force

20-15-103 . Supervision and coordination by board of regents. Pursuant to Article X, section 9, of the Montana constitution, the community college districts are assigned to the board of regents of higher education for supervision and coordination as public educational institutions outside the Montana university system. The regents shall:

(1) supervise community college districts in accordance with the provisions of this section and 20-15-105 ;

(2) appoint a coordinator of community college districts and prescribe the duties of the coordinator;

(3) formulate and put into effect general policies for the supervision and coordination of community college districts;

(4) after consultation with the community college trustees, develop and implement policies that distinguish the regents' authority to supervise and coordinate and the trustees' authority to administer and control community colleges; and

(5) on approval of a proposition to organize a community college district, provide a recommendation to the legislature pursuant to 20-15-209 .
Mont. Code Ann. § 20-7-1703 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1703
20-7-1703 Definitions
Status: in_force

20-7-1703 . Definitions. As used in this part, the following definitions apply:

(1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana.

(2) "ESA student amount" means the sum of:

(a) the data-for-achievement payment rate under 20-9-306 ;

(b) the Indian education for all payment rate under 20-9-306 ;

(c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321 ; and

(d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program.

(3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students.

(4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated.

(5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702 .

(6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that:

(a) is in compliance with applicable local health and safety regulations;

(b) holds a valid occupancy permit, if required by the municipality;

(c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307 ;

(d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and

(e) meets the requirements for Montana nonpublic schools under 20-5-109 .

(7) "Qualified student" means a resident of the state who:

(a) in the current school year:

(i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and

(ii) is between the ages of 5 and 19 on September 10;

(b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and

(c) (i) was counted during the previous school year for purposes of school district ANB funding;

(ii) was enrolled during the previous school year in a program listed in subsection (7)(b);

(iii) did not reside in the state in the previous school year; or

(iv) is eligible to enter a kindergarten program pursuant to 20-7-117 .

(8) "Resident school district" means the school district in which a student resides.
Mont. Code Ann. § 20-15-108 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-108
20-15-108 Baccalaureate degrees not to be granted
Status: in_force

20-15-108 . Baccalaureate degrees not to be granted. A community college district shall be prohibited from granting baccalaureate degrees.
Mont. Code Ann. § 20-9-436 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-436
20-9-436 County attorney to assist in proceedings
Status: in_force

20-9-436 . County attorney to assist in proceedings. The trustees of a school district conducting bond proceedings shall prepare and maintain a transcript of their bond proceedings. It is a part of the official duties of the county attorney of every county of this state to advise and assist the trustees of each school district of the county in its bond proceedings. Before any transcript of school district bond proceedings is sent to the board of investments, the county attorney shall carefully examine the transcript, and the transcript may not be sent until the county attorney has attached an opinion to the transcript that the proceedings are in full compliance with law. However, the trustees of any school district may, upon consent of the county attorney, employ any attorney licensed in Montana to assist the county attorney in the performance of these duties.
Mont. Code Ann. § 20-7-436 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-436
20-7-436 Definitions
Status: in_force

20-7-436 . Definitions. For the purposes of 20-7-435 and this section, the following definitions apply:

(1) "Appropriate educational opportunity" means:

(a) for an eligible child without a disability:

(i) if provided by a nonpublic school, an education program provided in accordance with the requirements for a nonpublic school under the provisions of 20-5-109 ; and

(ii) if provided by a public school, an education program consistent with accreditation standards provided for in 20-7-111 ; and

(b) for an eligible child with a disability, a free appropriate public education consistent with state standards for the provision of special education and related services.

(2) (a) "Children's psychiatric hospital" means a freestanding hospital in Montana that:

(i) has the primary purpose of providing clinical care for children and youth whose clinical diagnosis and resulting treatment plan require in-house residential psychiatric care; and

(ii) is accredited by the joint commission on accreditation of healthcare organizations, the standards of the centers for medicare and medicaid services, or other comparable accreditation.

(b) The term does not include programs for children and youth for whom the treatment of chemical dependency is the primary reason for treatment.

(3) "Eligible child" means a Montana resident child or youth who is less than 19 years of age on September 10 of the school year and who has a serious emotional disturbance that is so severe that the child or youth has been placed in a qualifying facility for treatment.

(4) "Qualifying facility" means a children's psychiatric hospital, a residential treatment facility, a residential treatment center as defined in 50-5-101 , or a therapeutic group home located in Montana.

(5) (a) "Residential treatment facility" means a facility in the state that:

(i) provides services for children or youth with serious emotional disturbances;

(ii) operates for the primary purpose of providing residential psychiatric care to individuals under 21 years of age;

(iii) is licensed by the department of public health and human services; and

(iv) participates in the Montana medicaid program for psychiatric facilities or programs providing psychiatric services to individuals under 21 years of age; or

(v) notwithstanding the provisions of subsections (5)(a)(iii) and (5)(a)(iv), has received a certificate of need from the department of public health and human services pursuant to Title 50, chapter 5, part 3, prior to January 1, 1993.

(b) The term does not include programs for children and youth for whom the treatment of chemical dependency is the primary reason for treatment.

(6) "Therapeutic group home" means an in-state treatment facility providing therapeutic services licensed and under contract with the department of public health and human services as a youth care facility, as defined in 52-2-602 .
Mont. Code Ann. § 20-9-424 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-424
20-9-424 Validation of petition -- election administrator's certificate
Status: in_force

20-9-424 . Validation of petition -- election administrator's certificate. (1) The petitioners for a school district bond election shall submit their petition to the county election administrator of the county where the school district is located for validation of the signatures on the petition. The county election administrator shall examine the petition and attach or endorse on the petition a certificate that must state:

(a) the total number of electors of the school district who are, at the time, qualified to vote under the provisions of 20-20-301 ;

(b) which and how many of the individuals whose names are subscribed to the petition possess the qualifications to vote on a bond proposition; and

(c) whether the number of qualified signers established in subsection (1)(b) is more or less than 20% of the total number of registered electors established in subsection (1)(a).

(2) After completing the examination, the county election administrator shall immediately send the petition and certificate to the school district. The county election administrator may not receive compensation for the examination of school district bond petitions.
Mont. Code Ann. § 20-5-421 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-421
20-5-421 Emergency use of epinephrine in school setting
Status: in_force

20-5-421 . Emergency use of epinephrine in school setting. A school, whether public or nonpublic, may maintain a stock supply of autoinjectable epinephrine or epinephrine nasal spray to be administered by a school nurse or other authorized personnel to any student or nonstudent as needed for actual or perceived anaphylaxis. A school that intends to obtain an order for emergency use of epinephrine in a school setting or at related activities shall adhere to the following requirements:

(1) A school that stocks an epinephrine autoinjector or nasal spray shall develop a protocol related to the training of school employees, the maintenance and location of the epinephrine autoinjector or nasal spray, and immediate and long-term followup to the administration of the medication, including making a 9-1-1 emergency call.

(2) The epinephrine autoinjector or nasal spray must be prescribed by a physician, advanced practice registered nurse, or physician assistant. The school must be designated as the patient, and each prescription for an epinephrine autoinjector or nasal spray must be filled by a licensed pharmacy.

(3) The school shall provide training to authorized personnel. The training must include causes of anaphylaxis, recognition of signs and symptoms of anaphylaxis, indications for the administration of epinephrine, the administration technique, and the need for immediate access to a certified emergency responder. Training must be provided by a school nurse, certified emergency responder, or other health care professional.

(4) The epinephrine autoinjector or nasal spray must be kept in a secure and easily accessible location.

(5) A school nurse or other authorized personnel may, in good faith, administer the epinephrine to any student or nonstudent who is experiencing a potential life-threatening anaphylactic reaction based on the protocol developed by the school.

(6) If a school stocks an epinephrine autoinjector or nasal spray that has been prescribed to the school, that school shall inform parents or guardians about the potential use of the epinephrine autoinjector or nasal spray in an anaphylactic emergency. The school shall make the protocol available upon request.

(7) In accordance with the provisions of 27-1-714 , a school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the administration of epinephrine to a student or nonstudent unless an act or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
Mont. Code Ann. § 20-15-109 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-109
20-15-109 Acceptance of donations
Status: in_force

20-15-109 . Acceptance of donations. The board of trustees of a community college district, on behalf of the district, is hereby authorized and empowered to accept gifts, legacies, and devises, subject to the conditions imposed by the deed of the dower or will of the testator or without any conditions imposed.
Mont. Code Ann. § 20-3-307 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-307
20-3-307 Qualification and oath
Status: in_force

20-3-307 . Qualification and oath. (1) A person who receives a certificate of election as a trustee under the provisions of 20-3-313 or 20-20-416 may not assume the trustee position until the person has qualified. The person shall qualify by taking an oath of office administered by the county superintendent, the superintendent's designee, or any official provided for in 1-6-101 or 2-16-116 . The oath must be filed with the county superintendent not more than 15 days after the receipt of the certificate of election. After a person has qualified for a trustee position, the person holds the position until a successor has been elected or appointed and has been qualified.

(2) If the elected person does not qualify in accordance with this requirement, a person must be appointed in the manner provided by 20-3-309 and shall serve until the next regular school election.
Mont. Code Ann. § 20-9-342 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-342
20-9-342 Deposit of interest and income money by state board of land commissioners
Status: in_force

20-9-342 . Deposit of interest and income money by state board of land commissioners. (1) Except as provided in 20-9-516 , the state board of land commissioners shall deposit the interest and income money for each fiscal year into the guarantee account, provided for in 20-9-622 , by the last business day of February and June before the close of the fiscal year in which the money was received. Except as provided in subsection (2), money in the guarantee account must be used for state equalization aid.

(2) Any excess interest and income revenue deposited in the guarantee account in each fiscal year must be distributed in accordance with 20-9-622 (2).

(3) For purposes of this section, "excess interest and income revenue" means an annual amount in excess of $56 million.
Mont. Code Ann. § 20-10-206 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-206
20-10-206 Pupils in state institutional schools included
Status: in_force

20-10-206 . Pupils in state institutional schools included. The provisions of 20-10-201 through 20-10-205 shall apply to pupils in state institutional schools meeting the requirements established by the superintendent of public instruction and the applicable federal laws and regulations.
Mont. Code Ann. § 20-7-1701 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1701
20-7-1701 Short title
Status: in_force

20-7-1701 . Short title. This part may be cited as the "Students With Special Needs Equal Opportunity Act".
Mont. Code Ann. § 20-3-367 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-367
20-3-367 District withdrawal -- procedures
Status: in_force

20-3-367 . District withdrawal -- procedures. (1) Except as provided in subsection (2), a district or an employee group of a district that voluntarily joins the trust must participate in the trust for at least 5 consecutive school fiscal years before becoming eligible to withdraw from the trust. To complete its withdrawal effective not earlier than the completion of at least 5 consecutive school fiscal years, the district shall notify the trust prior to withdrawing from participation pursuant to the contractual terms of coverage and membership in the district health insurance trust.

(2) (a) On or before January 1 of each plan year beginning after the second full year of providing health benefits to the members of the trust, the trust shall prepare a report for each of its participating districts and employee groups that includes the following:

(i) a per-member cost for the immediately preceding plan year calculated by dividing the total cost to the trust of providing member benefits to the district or employee group by the total number of members in the district or employee group for the applicable year. This calculation is referred to as the "cost rate" in this section.

(ii) a calculation of what the per-member contribution rates would be for the district or employee group for the current plan year using the same number of members in each of the plans offered by the trust in the immediately preceding plan year. This calculation is referred to as "the contribution rate" in this section.

(iii) a percentage rounded to the nearest tenth, calculated by dividing the contribution rate calculated as provided in subsection (2)(a)(ii) by the cost rate calculated as provided in subsection (2)(a)(i), subtracting 1, and multiplying by 100 to produce a percentage. This calculation is referred to as "the adjusted contribution inflation rate" in this section.

(iv) the annual inflation rate for medical care derived from the medical care index of the United States bureau of labor statistics for July 1 of the current plan year, converted to a percentage. This rate is referred to as "the medical care index rate" in this section.

(v) a computation and the resulting number rounded to the nearest tenth that is yielded from dividing the adjusted contribution inflation rate of the district or employee group by the medical care index rate. The resulting number is referred to as "the inflation gap factor" for the district or employee group in this section.

(b) A district or an employee group with an inflation gap factor equal to or greater than 1.5 may withdraw from the trust upon the conclusion of the plan year in which the trust reports an inflation gap factor to the district or employee group above 1.5. To complete its withdrawal, the district shall notify the trust prior to withdrawing from participation pursuant to the contractual terms of coverage and membership in the district health insurance trust.

(3) A district that has withdrawn from a district health insurance trust under subsections (1) or (2):

(a) is ineligible to rejoin the trust for at least 5 full school fiscal years following the year in which the district withdraws;

(b) is ineligible for receipt of any portion of the net assets or reserve balance of the trust attributable to the distribution of funds under 20-3-369 (3) on withdrawal. The portion of the net assets and reserve balance attributable to the distribution of state funds referenced under this subsection (3) must be determined by an actuarial reserve balance analysis conducted by the trust's contracted actuary; and

(c) shall reimburse the trust for the run-off liability of the withdrawing district or employee group, consisting of all claims of the withdrawing district or employee group that were incurred by the members of the district or employee group prior to the effective date of the district's or employee group's withdrawal.
Mont. Code Ann. § 20-25-405 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-405
20-25-405 Restriction on use of state funds
Status: in_force

20-25-405 . Restriction on use of state funds. No state funds except those specified in 20-25-402 shall be obligated or used for the purposes of parts 3 and 4 of this chapter unless specifically directed by the legislature.
Mont. Code Ann. § 20-9-407 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-407
20-9-407 Industrial facility agreement for bond issue in excess of maximum
Status: in_force

20-9-407 . Industrial facility agreement for bond issue in excess of maximum. (1) Pursuant to an agreement between a new major industrial facility and a school district and as a precondition to qualifying as class five property under 15-6-135 (1)(c) before the amendment of 15-6-135 in Chapter 644, Laws of 2023, the new major industrial facility and its owners shall pay, in addition to the taxes imposed by the school district on property owners generally, as much of the principal and interest on the bonds provided for under former subsection (1) of this section before the amendment in Chapter 644, Laws of 2023 as represents payment on an indebtedness in excess of the limitation prescribed in 20-9-406 . After the completion of the new major industrial facility and when the indebtedness of the school district no longer exceeds the limitation prescribed in former subsection (1) of this section before the amendment in Chapter 644, Laws of 2023, the new major industrial facility is entitled, after all the current indebtedness of the school district has been paid, to a tax credit over a period of no more than 20 years. The credit must as a total amount be equal to the amount that the facility paid the principal and interest of the school district's bonds in excess of its general liability as a taxpayer within the district.

(2) A major industrial facility is a facility subject to the taxing power of the school district, whose construction or operation will increase the population of the district, imposing a significant burden upon the resources of the district and requiring construction of new school facilities. A significant burden is an increase in ANB of at least 20% in a single year.
Mont. Code Ann. § 20-5-420 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-420
20-5-420 Self-administration or possession of asthma, severe allergy, or anaphylaxis medication -- definitions
Status: in_force

20-5-420 . Self-administration or possession of asthma, severe allergy, or anaphylaxis medication -- definitions. (1) As used in 20-5-421 , 20-5-422 , and this section, the following definitions apply:

(a) "Anaphylaxis" means a systemic allergic reaction that can be fatal in a short time period and is also known as anaphylactic shock.

(b) "Asthma" means a chronic disorder or condition of the lungs that requires lifetime, ongoing medical intervention.

(c) "Authorized personnel" means an employee or agent identified by a school who is approved by the school administrator to administer a stock medication in a school setting or at a related activity pursuant to 20-5-421 , 20-5-422 , or 20-5-426 .

(d) "Medication" means a medicine, including inhaled bronchodilators, inhaled corticosteroids, autoinjectable epinephrine, and epinephrine nasal spray, prescribed by a licensed physician as defined in 37-3-102 , a physician assistant who has been authorized to prescribe medications as provided in 37-20-404 , or an advanced practice registered nurse with prescriptive authority as provided in 37-8-202 (1)(h).

(e) "Respiratory distress" means a person's inability to breathe adequately, including the perceived or actual presence of associated symptoms such as coughing, wheezing, or shortness of breath.

(f) "Self-administration" means a pupil's discretionary use of the medication prescribed for the pupil.

(g) "Severe allergies" means a life-threatening hypersensitivity to a specific substance such as food, pollen, or dust.

(h) "Stock albuterol" means quick-relief asthma medication that is approved by the United States food and drug administration for the treatment of respiratory distress. The term includes albuterol medication delivered through a metered dose inhaler or dry-powder inhaler that includes a spacer or holding chamber that attaches to a metered dose inhaler to improve the delivery of medication.

(2) A school, whether public or nonpublic, shall permit the possession or self-administration of medication, as prescribed, by a pupil with asthma, severe allergies, or anaphylaxis if the parents or guardians of the pupil provide to the school:

(a) written authorization, acknowledging and agreeing to the liability provisions in subsection (4), for the possession or self-administration of medication as prescribed;

(b) a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:

(i) the name and purpose of the medication;

(ii) the prescribed dosage; and

(iii) the time or times at which or the special circumstances under which the medication is to be administered as prescribed;

(c) documentation that the pupil has demonstrated to the health care practitioner and the school nurse, if available, the skill level necessary to self-administer the asthma, severe allergy, or anaphylaxis medication as prescribed; and

(d) documentation that the pupil's physician, physician assistant, or advanced practice registered nurse has formulated a written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes of the pupil and for medication use, as prescribed, by the pupil during school hours.

(3) The information provided by the parents or guardians must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.

(4) The school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the self-administration of medication by the pupil unless an act or omission is the result of gross negligence, willful and wanton conduct, or an intentional tort. The parents or guardians of the pupil must be given a written notice and sign a statement acknowledging that the school district or nonpublic school may not incur liability as a result of any injury arising from the self-administration of medication by the pupil and that the parents or guardians shall indemnify and hold harmless the school district or nonpublic school and its employees and agents against any claims, except a claim based on an act or omission that is the result of gross negligence, willful or wanton misconduct, or an intentional tort.

(5) The permission for self-administration of asthma, severe allergy, or anaphylaxis medication is effective for the school year for which it is granted and must be renewed each subsequent school year or, if the medication expires or the dosage, frequency of administration, or other conditions change, upon fulfillment of the requirements of this section.

(6) If the requirements of this section are fulfilled, a pupil with asthma, severe allergies, or anaphylaxis may possess and use the pupil's medication as prescribed:

(a) while in school;

(b) while at a school-sponsored activity;

(c) while under the supervision of school personnel;

(d) before or after normal school activities, such as while in before-school or after-school care on school-operated property; or

(e) while in transit to or from school or school-sponsored activities.

(7) If provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian and in accordance with documents provided by the pupil's physician, physician assistant, or advanced practice registered nurse, asthma, severe allergy, or anaphylaxis medication may be kept by the pupil and backup medication must be kept at a pupil's school in a predetermined location or locations to which the pupil has access in the event of an asthma, severe allergy, or anaphylaxis emergency.

(8) Immediately after using epinephrine during school hours, a student shall report to the school nurse or other adult at the school who shall provide followup care, including making a 9-1-1 emergency call.

(9) Youth correctional facilities are exempt from this section and shall adopt policies related to access and use of asthma, severe allergy, or anaphylaxis medications.
Mont. Code Ann. § 20-4-303 — MT Code / Title 20 / Chapter 4 / Part 3 / Section 20-4-303
20-4-303 Abuse of teachers
Status: in_force

20-4-303 . Abuse of teachers. Any parent, guardian, or other person who shall insult or abuse a teacher anywhere on the school grounds or school premises shall be deemed guilty of a misdemeanor and, upon conviction of such misdemeanor by a court of competent jurisdiction, shall be fined no less than $25 or more than $500.
Mont. Code Ann. § 20-15-226 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-226
20-15-226 Personal liability of trustees
Status: in_force

20-15-226 . Personal liability of trustees. (1) The trustees of each community college district are responsible for the proper administration and utilization of all money of the district. Failure or refusal to do so constitutes grounds for removal from office.

(2) Trustees consenting to illegal use of money are jointly and individually liable to the district for any losses sustained by the district. The county attorney shall prosecute any proceedings arising pursuant to this section, or a party seeking such action may retain private counsel. The party commencing the action is liable for the costs if the action fails.
Mont. Code Ann. § 20-7-1322 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1322
20-7-1322 Penalty
Status: in_force

20-7-1322 . Penalty. A person who purposely or knowingly assists a current or former school employee, contractor, or agent in obtaining employment in violation of 20-7-1321 is guilty of a misdemeanor and shall be fined in an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
Mont. Code Ann. § 20-6-810 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-810
20-6-810 Charter contract revocation and school closure or charter contract nonrenewal
Status: in_force

20-6-810 . Charter contract revocation and school closure or charter contract nonrenewal. (1) A charter contract may be subject to nonrenewal or revocation if the board of public education determines that the public charter school:

(a) committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this part or the charter contract and from which the public charter school was not exempted;

(b) failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;

(c) failed to meet public safety standards; or

(d) failed to meet generally accepted standards of fiscal management.

(2) The board of public education shall develop revocation and nonrenewal processes that:

(a) provide the governing board with timely notification of the prospect of revocation or nonrenewal and of the reasons for the possible closure;

(b) allow the governing board a reasonable amount of time in which to prepare a response;

(c) provide the governing board an opportunity to submit documents and testimony at a hearing to challenge the rationale for the closure recommendation and in support of the continuation of the school;

(d) allow the governing board to be represented by counsel and call witnesses on their behalf;

(e) permit the recording of the proceedings; and

(f) provide for a final determination conveyed in writing to the governing board.

(3) If the board of public education revokes or denies renewal of a charter, the board shall clearly state, by resolution, the reasons for the revocation or nonrenewal.

(4) Within 10 days of taking action to renew, not renew, or revoke a charter, the board of public education shall provide a copy of the resolution setting forth the action taken and reasons for the decision.

(5) (a) Prior to a public charter school closure, the board of public education shall develop a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this part. The protocol must specify responsible parties, transition and closure timelines, and a delineation of the respective duties of the governing board of the public charter school and the board of public education.

(b) The board of public education shall oversee the closure and work with the governing board of the public charter school to ensure a smooth and orderly closure and transition for students and parents.

(c) In the event of a public charter school closure for any reason, the nonrestricted distributable assets of the public charter school must be distributed first to satisfy outstanding payroll obligations for employees of the public charter school, then to creditors of the public charter school, then to public school districts to which students previously attending the closed charter school are returning on a prorated per-pupil basis, and then to the state general fund. If the assets of the public charter school are insufficient to pay all obligations, the prioritization of the distribution of assets may be determined by a court of law.
Mont. Code Ann. § 20-6-106 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-106
20-6-106 Definitions
Status: in_force

20-6-106 . Definitions. For the purposes of 20-6-105 through 20-6-109 , the following definitions apply:

(1) "Advisory capacity" has the same meaning as provided in 2-15-102 .

(2) (a) "District operational levies" means property tax levies imposed on the property of a school district in support of a school district's budgeted operations. The term includes levies for all school district budgeted funds except the debt service fund.

(b) The term does not include countywide school levies.

(3) "Isolated pupil" means a pupil who is enrolled and admitted in a nonresident district contiguous to the pupil's resident school district under conditions specified in 20-5-321 and who is unable to access onsite services of a resident school district.

(4) "Reconciliation payment" means payment provided for in 20-6-107 from a resident school district to reimburse a school district of attendance for educating an isolated pupil of the resident school district.

(5) "Resident school district" means the school district where an isolated pupil maintains legal residence as defined in 1-1-215 .

(6) "School district" means a school district created under Title 20, chapter 6.

(7) "School district of attendance" means the school district where the isolated pupil is enrolled, admitted, and receiving onsite instruction.

(8) "Unable to access onsite services of a resident school district" means a case in which a pupil resides in a location in which, because of geographic conditions between the pupil's home and the school that the pupil would attend within the resident school district, it is impractical to access onsite programs in the resident school district, based on a travel time of more than 60 minutes under normal weather conditions over a publicly owned and maintained road using the shortest passable route while complying with all applicable speed limits to the school the pupil would attend in the resident school district.
Mont. Code Ann. § 20-10-104 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-104
20-10-104 Penalty for violating law or rules
Status: in_force

20-10-104 . Penalty for violating law or rules. (1) Every district, its trustees and employees, and every person under a transportation contract with a district is subject to the policies prescribed by the board of public education and the rules prescribed by the superintendent of public instruction. When a district knowingly violates a transportation law or board of public education transportation policy, the district shall forfeit any reimbursement otherwise payable under 20-10-145 and 20-10-146 for any bus miles actually traveled during that fiscal year in violation of the law or policies.

(2) A district knowingly violates a transportation law or board of public education policy when it operates a bus route in a manner that does not comply with state law or board policy related to student safety. As provided in 20-10-141 (1), a district that operates a bus route not approved by its county transportation committee may not receive transportation reimbursement on that route, but if the route is operated in compliance with transportation law, the operation of the routes is not a violation that will result in the forfeiture of all transportation aid to the district.

(3) The county superintendent shall suspend all reimbursements payable to the district under 20-10-145 and 20-10-146 for all miles being traveled, including both miles being traveled in compliance with the transportation laws or policies and miles being traveled in violation of the transportation laws or policies, until the district corrects the violation. When the district corrects the violation, the county superintendent shall pay all reimbursements otherwise payable under 20-10-145 and 20-10-146 , including amounts suspended during the violation, but the amount forfeited under subsection (1) may not be paid to the district.

(4) When a person operating a bus under contract with a district knowingly fails to comply with the transportation law or the board of public education transportation policies, the district may not pay the person for any bus miles traveled during the contract year in violation of law or policies. Upon discovering a violation, the trustees of the district shall give written notice to the person that unless the violation is corrected within 10 days of the giving of notice, the contract will be canceled. The trustees of a district shall order the operation of a bus operated under contract suspended when the bus is being operated in violation of transportation law or policies and the trustees find that the violation jeopardizes the safety of pupils.
Mont. Code Ann. § 20-7-1402 — MT Code / Title 20 / Chapter 7 / Part 14 / Section 20-7-1402
20-7-1402 Legislative findings -- purposes
Status: in_force

20-7-1402 . Legislative findings -- purposes. (1) The legislature finds that:

(a) language in the form of spoken, written, or sign language is foundational to cultural integrity;

(b) Montana tribal languages are in a time of crisis through the loss of native speakers, writers, and signers;

(c) achievement gaps persist for Indian students, including higher dropout rates;

(d) Article X, section 1, of the Montana constitution established the educational goals of:

(i) establishing an education system that develops the full educational potential of each person; and

(ii) preserving Indian cultural integrity.

(2) The purpose of this part is to promote innovative, culturally relevant, Indian language immersion programs for Indian and non-Indian students with the goal of raising student achievement, strengthening families, and preserving and perpetuating Indian language and culture throughout Indian country and Montana.
Mont. Code Ann. § 20-1-306 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-306
20-1-306 Commemorative exercises on certain days
Status: in_force

20-1-306 . Commemorative exercises on certain days. (1) All districts shall conduct appropriate exercises on the following commemorative days:

(a) Lincoln's Birthday (February 12);

(b) Washington's Birthday (February 22);

(c) Arbor Day (last Friday in April);

(d) Flag Day (June 14);

(e) Citizenship Day (September 17);

(f) American Indian Heritage Day (fourth Friday in September);

(g) Columbus Day (October 12);

(h) Pioneer Day (November 1);

(i) Freedom Week (last full week of September), to educate students about the sacrifices made for freedom in the founding of the United States and the values on which the United States was founded;

(j) other days designated by the legislature or governor as legal holidays.

(2) When these commemorative days fall on Saturday or Sunday, exercises may be conducted the preceding Friday.

(3) The trustees of a district shall adopt a policy to address and ensure the effective conduct of appropriate exercises for the commemorative days provided in subsection (1).
Mont. Code Ann. § 20-9-205 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-205
20-9-205 Prohibition on division of contracts to circumvent bid requirements
Status: in_force

20-9-205 . Prohibition on division of contracts to circumvent bid requirements. (1) Whenever any law of this state provides a limitation upon the amount of money that a school district can expend upon any public work or construction project without letting such public work or construction project to contract under competitive bidding procedures, a school district shall not circumvent such provision by dividing a public work or construction project or quantum of work to be performed thereunder which by its nature or character is integral to such public work or construction project, or serves to accomplish one of the basic purposes or functions thereof, into several contracts, separate work orders, or by any similar device.

(2) This section shall apply not only where the public work or construction project is divided into several projects which are constructed at approximately the same period of time but also where the public work or construction project is divided into several projects which are constructed in different time periods or over an extended period of time.
Mont. Code Ann. § 20-3-351 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-351
20-3-351 Number of trustee positions in high school districts
Status: in_force

20-3-351 . Number of trustee positions in high school districts. (1) Except as provided in 20-3-352 (3) and subsection (2) of this section, the trustees of a high school district must be composed of:

(a) the trustees of the elementary district in which the high school building is located or, if there is more than one elementary district in which the operating high school buildings are located, the trustees of the elementary district in which the operating high school building that was first constructed is located; and

(b) the additional trustee positions determined in accordance with 20-3-352 (2).

(2) There must be seven trustee positions for each county high school.

(3) An additional trustee may be elected as the presiding officer of a high school district but may not vote on issues pertaining only to the elementary district. The additional trustee, as the presiding officer of the board, has all other powers, protections, and obligations of a presiding officer of an elementary district, including those under 2-3-203 .
Mont. Code Ann. § 20-5-406 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-406
20-5-406 Immunization record
Status: in_force

20-5-406 . Immunization record. The governing authority of each school shall require written evidence of each pupil's immunization against the diseases listed in 20-5-403 and shall record the immunization status, including any exemptions, of each pupil as part of the pupil's permanent school record.
Mont. Code Ann. § 20-10-132 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-132
20-10-132 Duties of county transportation committee
Status: in_force

20-10-132 . Duties of county transportation committee. (1) It is the duty of the county transportation committee to:

(a) establish the transportation service areas within the county, without regard to district boundary lines, for each district that operates a school bus transportation program;

(b) except as provided in subsection (2), approve, disapprove, or adjust the school bus routes submitted by the trustees of each district in conformity with the transportation service areas established in subsection (1)(a);

(c) approve, disapprove, or adjust applications, approved by the trustees, for increased reimbursements for individual transportation because of isolated conditions of the eligible transportee's residence;

(d) conduct hearings to establish the facts of transportation controversies that have been appealed from the decision of the trustees and act on the appeals on the basis of the facts established at the hearing; and

(e) determine if geographic conditions make it impractical for a child to attend school in the district of residence, in accordance with 20-5-321 (1)(b).

(2) In an emergency situation, a temporary bus route change may be approved by the county superintendent. A bus route change approved by the county superintendent must be confirmed by the county transportation committee within 90 days in order to be continued for a period longer than 90 days.

(3) When the county transportation committee reviews a request for a new bus route or a change to an existing route, the committee shall consider the following:

(a) a map of the existing and proposed bus route;

(b) a description of turnarounds;

(c) conditions affecting safety;

(d) the total mileage and change in mileage of the affected bus route;

(e) the approximate total cost;

(f) reasons for the proposed bus route change;

(g) the number of children to be served;

(h) a copy of the official minutes of the meeting at which the school trustees approved the new bus route or route change; and

(i) any other information that the county transportation committee considers relevant.

(4) When an application for increased reimbursement for individual transportation is presented to the county transportation committee, it must include a signed individual transportation contract and a copy of the official minutes of the meeting at which the trustees acted upon the request for increased reimbursement.

(5) After a factfinding hearing and decision on a transportation controversy, the trustees or a patron of the district may appeal the decision to the superintendent of public instruction, who shall issue a decision on the basis of the facts established at the county transportation committee hearing.
Mont. Code Ann. § 20-9-328 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-328
20-9-328 At-risk student payment
Status: in_force

20-9-328 . At-risk student payment. (1) The state shall provide an at-risk student payment to public school districts, as defined in 20-6-101 and 20-6-701 , for at-risk students, as defined in 20-1-101 and referred to in 20-9-309 .

(2) The at-risk student payment must be distributed to public school districts by the office of public instruction in the same manner that the office of public instruction allocates the funds received under 20 U.S.C. 6332, et seq. The office of public instruction shall prorate payments to districts based upon the available appropriation.

(3) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the change in status of standardized test scores, graduation rates, and drop-out rates of at-risk students.
Mont. Code Ann. § 20-9-346 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-346
20-9-346 Duties of superintendent of public instruction for state and county equalization aid distribution
Status: in_force

20-9-346 . Duties of superintendent of public instruction for state and county equalization aid distribution. The superintendent of public instruction shall administer the distribution of the state and county equalization aid by:

(1) establishing the annual entitlement of each district and county to state and county equalization aid, based on the data reported in the retirement, general fund, and debt service fund budgets for each district that have been adopted for the current school fiscal year and verified by the superintendent of public instruction;

(2) for the purposes of state advances and reimbursements for school facilities, limiting the distribution to no more than the amount appropriated for the school fiscal year to the districts that are eligible under the provisions of 20-9-366 through 20-9-371 by:

(a) determining the debt service payment obligation in each district for debt service on bonds that were sold as provided in 20-9-370 (3) that qualify for a state advance or reimbursement for school facilities under the provisions of 20-9-366 through 20-9-369 and 20-9-370 ;

(b) based on the limitation of state equalization aid appropriated for debt service purposes, determining the state advance for school facilities and the proportionate share of state reimbursement for school facilities that each eligible district must receive for the school fiscal year; and

(c) distributing that amount by May 31 of each school fiscal year to each eligible district for reducing the property tax for the debt service fund for the ensuing school fiscal year;

(3) distributing by electronic transfer the BASE aid and state advances for county equalization, for each district or county entitled to the aid, to the county treasurer of the respective county for county equalization or to the county treasurer of the county where the district is located or to the investment account identified by the applicable district for BASE aid, in accordance with the distribution ordered by the board of public education;

(4) keeping a record of the full and complete data concerning money available for state equalization aid, state advances for county equalization, and the entitlements for BASE aid of the districts of the state;

(5) reporting to the board of public education the estimated amount that will be available for state equalization aid; and

(6) reporting to the office of budget and program planning, as provided in 17-7-111 :

(a) the figures and data available concerning distributions of state and county equalization aid during the preceding 2 school fiscal years;

(b) the amount of state equalization aid then available;

(c) the apportionment made of the available money but not yet distributed;

(d) the latest estimate of accruals of money available for state equalization aid; and

(e) the amount of state advances and repayment for county equalization.
Mont. Code Ann. § 20-8-116 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-116
20-8-116 Employment placement -- continuing education
Status: in_force

20-8-116 . Employment placement -- continuing education. (1) The superintendent of the Montana school for the deaf and blind or the superintendent's designee shall assist in locating suitable employment for deaf or hard-of-hearing or visually impaired persons in attendance at the school. The superintendent or the superintendent's designee shall:

(a) consult with various county, state, and federal agencies and with the department of public health and human services to secure employment for self-sustaining persons; and

(b) coordinate work with federal programs, such as social security and reemployment for those out of work, as required by this part.

(2) The superintendent or the superintendent's designee, may, within funding limitations, develop and offer continuing education programs of a vocational nature for the deaf or hard of hearing and visually impaired who use the campus and facilities of the school during the summer months and other times when the school's facilities are not being used by its students.
Mont. Code Ann. § 20-7-303 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-303
20-7-303 Authorization to establish and maintain K-12 career and vocational/technical education courses and programs
Status: in_force

20-7-303 . Authorization to establish and maintain K-12 career and vocational/technical education courses and programs. The trustees of an elementary or high school district may establish and maintain a K-12 career and vocational/technical education course or program that complies with the K-12 career and vocational/technical education standards adopted by the superintendent of public instruction. In order for a course or program to be eligible for state or federal funding, it must be approved by the superintendent of public instruction for compliance with K-12 career and vocational/technical education standards.
Mont. Code Ann. § 20-3-104 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-104
20-3-104 Discretionary staff
Status: in_force

20-3-104 . Discretionary staff. In addition to the positions of employment listed in 20-3-103 , the superintendent of public instruction may employ:

(1) one or more assistant superintendents, one of whom may be designated as assistant superintendent for K-12 career and vocational/technical education;

(2) a high school supervisor who is the holder of a class 3 teacher certificate with a district superintendent endorsement;

(3) an elementary supervisor who is the holder of a valid teacher certificate;

(4) a competent person to develop economy and efficiency in school transportation and to otherwise supervise the transportation program;

(5) a music supervisor who is a graduate of an accredited institution of higher education in music education and who has not less than 5 years of teaching experience;

(6) an educational media supervisor who is a graduate of an accredited institution of higher education and who has experience in the field of educational media; and

(7) any other supervisors or assistants that may be required to carry out the duties of the office.
Mont. Code Ann. § 20-20-303 — MT Code / Title 20 / Chapter 20 / Part 3 / Section 20-20-303
20-20-303 Elector challenges
Status: in_force

20-20-303 . Elector challenges. (1) An elector may challenge the qualifications of another elector under the provisions of 13-13-301 (1). Any person offering to vote in a school election may be challenged by any elector of the district on any of the grounds for challenge established in 13-13-301 (2). The challenge must be determined in the same manner, using the same oath as provided in Title 13, chapter 13, part 3.

(2) Any person who has been challenged under any of the provisions of this section and who swears or affirms falsely before any school election judge is guilty of false swearing and is punishable as provided in 45-7-202 .
Mont. Code Ann. § 20-1-225 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-225
20-1-225 Compliance with Military Selective Service Act for postsecondary financial assistance -- rulemaking -- definitions
Status: in_force

20-1-225 . Compliance with Military Selective Service Act for postsecondary financial assistance -- rulemaking -- definitions. (1) A postsecondary educational institution may not provide student financial assistance to or enroll as a student an individual who is receiving or will receive student financial assistance unless the individual has complied with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:

(a) by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or

(b) is exempt from registration under the provisions of the Military Selective Service Act.

(2) The board of regents shall adopt rules to implement this section.

(3) The following definitions apply to this section:

(a) "Postsecondary educational institution" means:

(i) the Montana university system; or

(ii) any other postsecondary school:

(A) accepting as a student an individual receiving student financial assistance; or

(B) accepting state funds.

(b) "Student financial assistance":

(i) means a grant, loan, or insurance on a loan, all or a part of which is provided by the state; and

(ii) includes money given or to be given pursuant to:

(A) the reimbursement for services provided to resident nonbeneficiary students provision in 20-25-428 ;

(B) the work-study program provided for in Title 20, chapter 25, part 7;

(C) the Montana resident student financial aid program provided for in Title 20, chapter 26, parts 1 and 2; or

(D) the guaranteed student loan program provided for in Title 20, chapter 26, part 11.
Mont. Code Ann. § 20-9-344 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-344
20-9-344 Duties of board of public education for distribution of BASE aid
Status: in_force

20-9-344 . Duties of board of public education for distribution of BASE aid. (1) The board of public education shall administer and distribute the BASE aid and state advances for county equalization in the manner and with the powers and duties provided by law. The board of public education:

(a) shall adopt policies for regulating the distribution of BASE aid and state advances for county equalization in accordance with the provisions of law;

(b) may require reports from the county superintendents, county treasurers, and trustees that it considers necessary; and

(c) shall order the superintendent of public instruction to distribute the BASE aid on the basis of each district's annual entitlement to the aid as established by the superintendent of public instruction. In ordering the distribution of BASE aid, the board of public education may not increase or decrease the BASE aid distribution to any district on account of any difference that may occur during the school fiscal year between budgeted and actual receipts from any other source of school revenue.

(2) The board of public education may order the superintendent of public instruction to withhold distribution of BASE aid from a district when the district fails to:

(a) submit reports or budgets as required by law or rules adopted by the board of public education; or

(b) maintain accredited status because of failure to meet the board of public education's assurance and performance standards.

(3) Prior to any proposed order by the board of public education to withhold distribution of BASE aid or county equalization money, the district is entitled to a contested case hearing before the board of public education, as provided under the Montana Administrative Procedure Act.

(4) If a district or county receives more BASE aid than it is entitled to, the county treasurer shall return the overpayment to the state upon the request of the superintendent of public instruction in the manner prescribed by the superintendent of public instruction.

(5) Except as provided in 20-9-347 (2), the BASE aid payment must be distributed according to the following schedule:

(a) from August to November of the school fiscal year, to each district 10% of:

(i) direct state aid;

(ii) the total quality educator and qualified staff payment;

(iii) the total at-risk student payment;

(iv) the total Indian education for all payment;

(v) the total American Indian achievement gap payment; and

(vi) the total data-for-achievement payment;

(b) from January to April of the school fiscal year, to each district 10% of:

(i) direct state aid;

(ii) the total quality educator and qualified staff payment;

(iii) the total at-risk student payment;

(iv) the total Indian education for all payment;

(v) the total American Indian achievement gap payment; and

(vi) the total data-for-achievement payment;

(c) in December of the school fiscal year, one-half of the guaranteed tax base aid payment to each district or county that has submitted a final budget to the superintendent of public instruction in accordance with the provisions of 20-9-134 ;

(d) in May of the school fiscal year, the remainder of the guaranteed tax base aid payment to each district or county; and

(e) in June of the school fiscal year, the remaining payment to each district of direct state aid, the total quality educator and qualified staff payment, the total at-risk student payment, the total Indian education for all payment, the total American Indian achievement gap payment, and the total data-for-achievement payment.

(6) The distribution provided for in subsection (5) must occur by the last working day of each month.
Mont. Code Ann. § 20-6-811 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-811
20-6-811 Public charter school operation and autonomy
Status: in_force

20-6-811 . Public charter school operation and autonomy. (1) (a) A public charter school must be a public education organization.

(b) A public charter school is subject to all federal laws and authorities as provided in this part or arranged by charter contract with the board of public education consistent with applicable laws, rules, and regulations.

(c) Except as provided in this part, a public charter school is subject to the provisions of Title 20 and any state or local rule, regulation, policy, or procedure relating to noncharter public schools within the located school district.

(d) A single governing board may hold one or more charter contracts. A charter contract may consist of one or more schools, to the extent approved by the board of public education and consistent with applicable law. Each public charter school that is part of a charter school district must be under the supervision and control of the governing board of the charter school district.

(2) A public charter school district or public charter school may not be created within the geographical boundaries of a third-class elementary district, as defined in 20-6-201 , or a third-class high school district, as defined in 20-6-301 , unless the applicant is the local school board.

(3) The governing board of a public charter school shall function as a local educational agency. A public charter school is responsible for meeting the requirements of a local educational agency under applicable federal, state, and local laws, including those relating to special education.

(4) The governing board of a public charter school is responsible for special education at the school, including identification and service provisions, and is responsible for meeting the needs of enrolled students with disabilities.

(5) The governing board of a public charter school district has all the powers necessary for carrying out the terms of its charter contract, including the following powers:

(a) to receive and disburse funds for school purposes;

(b) to secure appropriate insurance and to enter into contracts and leases, free from prevailing wage laws;

(c) to incur debt in reasonable anticipation of the receipt of public or private funds;

(d) to pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;

(e) to solicit and accept gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;

(f) to acquire real property, for use as its facility or facilities, from public or private sources; and

(g) to sue and be sued in its own name.

(6) (a) A public charter school may not engage in any sectarian practices in its educational program, admissions policies, employment policies or practices, or operations.

(b) The powers, obligations, and responsibilities set forth in the charter contract may not be delegated or assigned by either party except as otherwise specifically provided in this part.

(7) (a) A public charter school is subject to the same civil rights, health, and safety requirements applicable to other public schools in the state except as otherwise specifically provided in this part.

(b) The governing board shall establish graduation requirements and may award degrees and issue diplomas.

(c) A governing board is subject to and shall comply with state open meeting and public records laws pursuant to Title 2, chapters 3 and 6.

(d) A public charter school shall establish purchasing procedures that include a competitive bidding process for purchases or contracts exceeding $80,000.

(8) (a) Employees in public charter schools have the same rights and privileges as other public school employees except as otherwise provided in this part.

(b) Teachers and other school personnel, as well as governing board members, are subject to criminal history record checks and fingerprinting requirements.

(c) Public charter school employees may not be required to be members of any existing collective bargaining agreement between a school district and its employees. However, a public charter school may not interfere with laws and other applicable rules protecting the rights of employees to organize and to be free from discrimination.
Mont. Code Ann. § 20-25-517 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-517
20-25-517 Awarding credit for military service -- policy
Status: in_force

20-25-517 . Awarding credit for military service -- policy. (1) The commissioner may develop criteria for awarding academic credit at a postsecondary institution for a student's prior learning through military service and submit a proposed policy that incorporates those criteria to the board of regents for approval.

(2) For the purposes of this section, "postsecondary institution" has the meaning provided in 20-26-603 .
Mont. Code Ann. § 20-25-703 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-703
20-25-703 Limitation on use of funds
Status: in_force

20-25-703 . Limitation on use of funds. At least 70% of the funds allocated to the program must be used to provide job opportunities for students with demonstrated financial need. The remainder of the funds allocated to this program may be used to provide job opportunities on a basis other than financial need. The other bases include but are not limited to:

(1) laboratory, teaching, and tutorial assistantships requiring particular skills; and

(2) cases in which a student's family cannot demonstrate financial need but in which the student has a desire to contribute toward the student's education through employment.
Mont. Code Ann. § 20-9-152 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-152
20-9-152 Fixing and levying taxes for joint districts
Status: in_force

20-9-152 . Fixing and levying taxes for joint districts. (1) At the time of fixing levies for county and school purposes by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values, the board of county commissioners of each county in which a part of a joint district is located shall fix and levy taxes on that portion of the joint district located in each board's county at the number of mills for each levy recommended by the joint statement of the county superintendents.

(2) The board of county commissioners shall include in the amounts to be raised by the county levies for schools all the amounts required for the final budget of each part of a joint district located in the county, in accordance with the recommendations of the county superintendent.
Mont. Code Ann. § 20-4-401 — MT Code / Title 20 / Chapter 4 / Part 4 / Section 20-4-401
20-4-401 Appointment and dismissal of district superintendent or county high school principal
Status: in_force

20-4-401 . Appointment and dismissal of district superintendent or county high school principal. (1) The trustees of any high school district, except a county high school or other high school district that operates under a separate board of trustees due to alternative methods of electing the members of the high school board of trustees as provided in 20-3-352 (3), and the trustees of the elementary district where its high school building is located shall jointly employ and appoint a district superintendent. The trustees of a county high school or other high school district that operates under a separate board of trustees due to alternative methods of electing the members of the high school board of trustees as provided in 20-3-352 (3) shall employ and appoint a district superintendent, except that the trustees of a county high school district may employ and appoint a holder of a class 3 teacher certificate with a district superintendent endorsement as the county high school principal in lieu of a district superintendent. The trustees of any other district may employ and appoint a district superintendent.

(2) Whenever a joint board of trustees has been formed by a county high school and the elementary district where the county high school is located, the joint board shall jointly employ and appoint a district superintendent. During the term of contract of the jointly appointed district superintendent, neither district may separately employ and appoint a district superintendent or county high school principal.

(3) School districts other than those provided in subsection (2) that form a joint board of trustees or the boards of trustees of two or more districts may jointly employ and appoint a district superintendent, as allowed in 20-3-362 , or may enter into an interlocal agreement pursuant to Title 7, chapter 11, part 1, to cooperatively share the employment of a district superintendent.

(4) The written contract of employment of a district superintendent or a county high school principal must be authorized by the proper resolution of the trustees of the district or the joint board of trustees and executed in duplicate by the presiding officer of the trustees or joint board of trustees and the clerks of the districts in the name of the districts and by the district superintendent or the county high school principal. The contract must be for a term of not more than 3 years, and after the second successive contract, the contract is considered to be renewed for a further term of 1 year from year to year unless the trustees, by resolution passed by a majority vote of its membership, resolve to terminate the services of the district superintendent or the county high school principal at the expiration of the existing contract. The trustees shall take the termination action and notify the district superintendent or the county high school principal in writing of their intent to terminate the superintendent's or principal's services at the expiration of the superintendent's or principal's current contract not later than February 1 of the last year of the contract.

(5) Whenever a joint board of trustees or the boards of trustees of two or more districts employs a person as the district superintendent under subsection (2) or (3), the districts shall prorate the compensation provided by the contract of employment on the basis of the number of teachers employed by each district.

(6) At any time the class 3 teacher certification or the endorsement of the certificate of a district superintendent or a county high school principal that qualifies the person to hold the position becomes invalid, the trustees of the district or the joint board of trustees shall discharge the person as the district superintendent or county high school principal regardless of the unexpired term of the contract. The trustees may not compensate the superintendent or principal under the terms of the contract for any services rendered subsequent to the date of the invalidation of the teacher certificate.

(7) A district superintendent or county high school principal may not engage in any work or activity that the trustees consider to be in conflict with the duties and employment as the district superintendent or county high school principal.
Mont. Code Ann. § 20-25-802 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-802
20-25-802 Effective date -- notice of approval
Status: in_force

20-25-802 . Effective date -- notice of approval. Said compact shall become operative and binding at the time provided and in accordance with Article X of said compact. The governor of Montana shall give notice of the approval, ratification, and adoption of said compact by the 32nd legislative assembly of the state of Montana to the governors of each of the states and territories named in said Article X of said compact. The governors shall have power to appoint the commissioners for which provision is made in the compact, and said commissioners shall have the power and authority specified in said compact and such other power and authority as may hereafter be prescribed by law.
Mont. Code Ann. § 20-1-601 — MT Code / Title 20 / Chapter 1 / Part 6 / Section 20-1-601
20-1-601 Short title
Status: in_force

20-1-601 . Short title. This part may be cited as the "Montana Military Service Higher Education Act".
Mont. Code Ann. § 20-9-353 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-353
20-9-353 Over-BASE budget levy -- election for authorization to impose
Status: in_force

20-9-353 . Over-BASE budget levy -- election for authorization to impose. (1) The trustees of a district may propose to adopt an over-BASE budget amount for the district general fund that does not exceed the general fund budget limitations, as provided in 20-9-308 . If the trustees of a district are required to submit to the electors of the district a proposition to finance an increase in the over-BASE budget amount pursuant to 20-9-308 , the trustees shall comply with the provisions of subsections (2) through (4) of this section.

(2) When the trustees of the district propose to adopt an over-BASE budget under subsection (1), any increase in local property taxes authorized by 20-9-308 (4) over revenue previously authorized by the electors of the district or imposed by the district in any of the previous 5 years must be submitted to a vote of the qualified electors of the district, as provided in 15-10-425 . The trustees are not required to submit to the qualified electors any increase in state funding of the basic or per-ANB entitlements or of the general fund payments established in 20-9-327 through 20-9-330 approved by the legislature. When the trustees of a district determine that a voted amount of financing is required for the general fund budget, the trustees shall submit the proposition to finance the voted amount to the electors who are qualified under 20-20-301 to vote upon the proposition. The election must be called and conducted in the manner prescribed by this title for school elections and must conform to the requirements of 15-10-425 . The ballot for the election must conform to the requirements of 15-10-425 .

(3) If the proposition for an increase in the over-BASE budget levy for the general fund is approved by a majority vote of the electors voting at the election, the proposition carries and the trustees may use any portion or all of the authorized amount in adopting the final general fund budget. The trustees shall certify any over-BASE budget levy amount authorized by the election on the budget form that is submitted to the county superintendent, and the county commissioners shall levy the authorized number of mills on the taxable value of all taxable property within the district, as prescribed in 20-9-141 .

(4) All levies adopted under this section must be authorized by the election conducted before August 1 of the school fiscal year for which it is effective.
Mont. Code Ann. § 20-9-433 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-433
20-9-433 Form and execution of school district bonds
Status: in_force

20-9-433 . Form and execution of school district bonds. (1) At the time of the sale of the bonds or at a meeting held after the sale, the trustees shall adopt a resolution or indenture of trust providing for the issuance of the bonds, prescribing the form of the bonds, whether amortization or serial bonds, and prescribing the manner of execution of the bonds. If applicable, the trustees shall specify whether the bonds are qualified school construction bonds as described in 17-5-116 (1) or tax credit bonds as provided in 17-5-117 .

(2) Each bond and coupon attached to a bond must be signed by or bear the facsimile signatures of the presiding officer of the trustees and the school district clerk, provided that one signature of a school official or the bond registrar must be a manual signature.
Mont. Code Ann. § 20-7-603 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-603
20-7-603 Textbooks obtained from licensed textbook dealer
Status: in_force

20-7-603 . Textbooks obtained from licensed textbook dealer. Textbooks selected and adopted by districts shall be obtained from a licensed textbook dealer.
Mont. Code Ann. § 20-3-209 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-209
20-3-209 Annual report
Status: in_force

20-3-209 . (Temporary) Annual report. The county superintendent of each county shall submit an annual report to the superintendent of public instruction on or before September 15. The report must be completed on the forms supplied by the superintendent of public instruction and must include:

(1) the final budget information for each district of the county, as prescribed by 20-9-134 (1);

(2) the revenue amounts used to establish the levy requirements for the county school fund supporting school district transportation schedules, as prescribed by 20-10-146 , and for the county school funds supporting elementary and high school district retirement obligations, as prescribed by 20-9-501 ;

(3) the financial activities of each district of the county for the immediately preceding school fiscal year as provided by the trustees' annual report to the county superintendent under the provisions of 20-9-213 (6); and

(4) any other information that may be requested by the superintendent of public instruction that is within the superintendent's authority prescribed by this title.
Mont. Code Ann. § 20-15-228 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-228
20-15-228 Grounds for removal
Status: in_force

20-15-228 . Grounds for removal. A community college trustee may be removed if the trustee:

(1) moves the trustee's residence from the applicable community college district;

(2) is no longer a registered elector of the community college district under the provisions of 20-20-301 ;

(3) is absent from the district 60 consecutive days;

(4) fails to attend three consecutive meetings of the trustees without reasonable cause;

(5) fails to perform responsibilities in accordance with 20-15-226 ; or

(6) ceases to have the capacity to hold office.
Mont. Code Ann. § 20-6-308 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-308
20-6-308 Organization of joint high school district
Status: in_force

20-6-308 . Organization of joint high school district. The boundaries of a high school district that encompass a county's portion of a joint elementary district where an elementary school is operated may be changed to establish a joint high school district. The high school district boundary change must be a transfer of all the territory located in another county's portion of the same joint elementary district and must be made pursuant to the procedures provided in 20-6-105 .
Mont. Code Ann. § 20-10-148 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-148
20-10-148 Cost-effectiveness analysis required before purchase of small school bus
Status: in_force

20-10-148 . Cost-effectiveness analysis required before purchase of small school bus. The trustees of a district may not purchase and operate a school bus as defined in 20-10-101 (5)(a)(ii) until the trustees have:

(1) conducted an analysis of the costs associated with purchase and operation of the school bus compared to the costs associated with purchase or contract and operation of a school bus designed to carry more than 10 passengers; and

(2) adopted a written finding that the purchase and operation of a school bus as defined in 20-10-101 (5)(a)(ii) is the most cost-effective means of transporting eligible transportees on the bus route or routes to which the school bus will be assigned.
Mont. Code Ann. § 20-5-103 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-103
20-5-103 Compulsory attendance and excuses
Status: in_force

20-5-103 . Compulsory attendance and excuses. (1) Except as provided in subsection (2), a parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall ensure the child attends the school in which the child is enrolled for the school term and each school day in the term prescribed by the trustees of the district until the later of the following dates:

(a) the child's 16th birthday; or

(b) the date the child completes 8th grade.

(2) The provisions of subsection (1) do not apply in the following cases:

(a) The child has been excused under one of the conditions specified in 20-5-102 .

(b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of the trustees.

(c) The child has been suspended or expelled under the provisions of 20-5-202 .

(d) The child is excused pursuant to 20-7-120 .

(e) The child is excused pursuant to 40-6-701 (1) or 40-6-703 (1)(d).
Mont. Code Ann. § 20-4-304 — MT Code / Title 20 / Chapter 4 / Part 3 / Section 20-4-304
20-4-304 Attendance at instructional and professional development meetings
Status: in_force

20-4-304 . Attendance at instructional and professional development meetings. The trustees of a school district shall close the schools of the district for the annual instructional and professional development meetings of teachers' organizations. A teacher may attend instructional and professional development meetings without loss of salary or attend other appropriate inservice training that may be prescribed by the trustees without loss of salary. If a teacher does not attend, the teacher may not be paid.
Mont. Code Ann. § 20-9-310 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-310
20-9-310 Oil and natural gas production taxes for school districts -- allocation and limits
Status: in_force

20-9-310 . (Temporary) Oil and natural gas production taxes for school districts -- allocation and limits. (1) Except as provided in subsection (5), the maximum amount of oil and natural gas production taxes that a school district may retain is 130% of the school district's maximum budget, determined in accordance with 20-9-308 .

(2) Upon receipt of school district budget reports required under 20-9-134 , the superintendent of public instruction shall provide the department of revenue with a list reporting the maximum general fund budget for each school district.

(3) Except as provided by 15-36-332 (9), the department of revenue shall make the full quarterly distribution of oil and natural gas production taxes as required under 15-36-332 (6) until the amount distributed reaches the limitation in subsection (1) of this section. The department of revenue shall deposit any amount exceeding the limitation in subsection (1) in the guarantee account provided for in 20-9-622 .

(4) (a) Subject to the limitation in subsection (1) and the conditions in subsection (4)(b), the trustees shall budget and allocate the oil and natural gas production taxes anticipated by the district in any budgeted fund at the discretion of the trustees. Oil and natural gas production taxes allocated to the district general fund may be applied to the BASE or over-BASE portions of the general fund budget at the discretion of the trustees.

(b) Except as provided in subsection (4)(c), if the trustees apply an amount less than 12.5% of the total oil and natural gas production taxes received by the district in the prior school fiscal year to the district's general fund BASE budget for the upcoming school fiscal year, then:

(i) the trustees shall levy the number of mills required to raise an amount equal to the difference between 12.5% of the oil and natural gas production taxes received by the district in the prior school fiscal year and the amount of oil and natural gas production taxes the trustees budget in the district's general fund BASE budget for the upcoming school fiscal year;

(ii) the mills levied under subsection (4)(b)(i) are not eligible for the guaranteed tax base subsidy under the provisions of 20-9-366 through 20-9-369 ; and

(iii) the general fund BASE budget levy requirement calculated in 20-9-141 must be calculated as though the trustees budgeted 12.5% of the oil and natural gas production taxes received by the district in the prior year and the number of mills calculated in subsection (4)(b)(i) must be added to the number of mills calculated in 20-9-141 (2).

(c) The provisions of subsection (4)(b) do not apply to the following:

(i) a district that has a maximum general fund budget of less than $1 million;

(ii) a district whose oil and natural gas revenue combined with its adopted general fund budget totals 105% or less of its maximum general fund budget;

(iii) a district that has a maximum general fund budget of $1 million or more and was eligible for a significant enrollment increase payment pursuant to 20-9-166 in the fiscal year immediately preceding the fiscal year to which the provisions of this subsection (4) would otherwise apply; or

(iv) a district that has issued outstanding oil and natural gas revenue bonds. Funds received pursuant to this section must first be applied by the district to payment of debt service obligations for oil and natural gas revenue bonds for the next 12-month period.

(5) (a) The limit on oil and natural gas production taxes that a school district may retain under subsection (1) must be increased for any school district that was eligible for a significant enrollment increase payment pursuant to 20-9-166 . The increase in the limit on oil and natural gas production taxes that a school district may retain under subsection (1) applies in the fiscal year immediately following the fiscal year in which the district was eligible and must be calculated by multiplying $45,000 times each additional ANB used to calculate the significant enrollment increase payment pursuant to 20-9-166 , including the absorption factor reduction.

(b) For a district in nonoperating status under 20-9-505 , the maximum amount of oil and natural gas production taxes that a school district may retain is 130% of the school district's maximum budget in the district's most recent operating year, determined in accordance with 20-9-308 .

(6) In any year in which the actual oil and natural gas production taxes received by a school district are less than 50% of the total oil and natural gas production taxes received by the district in the prior year, the district may transfer money from any budgeted fund to its general fund in an amount not to exceed the amount of the shortfall.
Mont. Code Ann. § 20-25-1001 — MT Code / Title 20 / Chapter 25 / Part 10 / Section 20-25-1001
20-25-1001 Definitions
Status: in_force

20-25-1001 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Instructor of motorcycle safety training" means an instructor approved by the board of regents to instruct motorcycle safety training.

(2) "Motorcycle safety training course" means a course for beginning and experienced motorcycle riders with both classroom and on-road components that has been approved by the board of regents and that is designed to teach motorcyclists how to safely operate their vehicles.
Mont. Code Ann. § 20-20-402 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-402
20-20-402 Clerk of election judges and appointment for absent judge
Status: in_force

20-20-402 . Clerk of election judges and appointment for absent judge. Before conducting the school election and on the day of the election, the judges shall designate one of their number to act as clerk of such election. If any of the judges appointed by the trustees are not present at the time for the opening of the poll, the electors present at that time may appoint a qualified elector for such election to act in the place of the absent judge.
Mont. Code Ann. § 20-7-335 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-335
20-7-335 Career coaching for career technical education and K-12 career and vocational/technical education -- duties
Status: in_force

20-7-335 . Career coaching for career technical education and K-12 career and vocational/technical education -- duties. (1) A high school district may utilize a career coach for educational and career counseling opportunities for students.

(2) A career coach may offer opportunities for internships or apprenticeships within a community and assist students with high school course offerings, career options, occupational training, and postsecondary opportunities associated with the student's field of interest within the career technical education and K-12 career and vocational/technical education programs provided for in Title 20, chapter 7, part 3.

(3) To be eligible to be a career coach, a person must have:

(a) a bachelor's degree or a class 4 vocational, recreational, or adult education certificate in accordance with 20-4-106 ;

(b) an associate degree and have completed a minimum of 5,000 hours of documented, relevant work experience with recognized credentials, which may include apprenticeship training; or

(c) a high school diploma or high school equivalency diploma and have completed a minimum of 10,000 hours of documented, relevant work experience with recognized credentials, which may include apprenticeship training.
Mont. Code Ann. § 20-7-711 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-711
20-7-711 State policy for adult basic education
Status: in_force

20-7-711 . State policy for adult basic education. Affirming that reading, writing, and other basic educational skills are vital for all citizens in modern society, the legislature declares that it is the continuing policy of Montana to encourage adult basic education programs that will develop the full educational potential of each citizen. The legislature recognizes that funds from local, state, and federal sources may be necessary to provide the basic education needed by Montana citizens.
Mont. Code Ann. § 20-9-227 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-227
20-9-227 Exemptions from interest assessment
Status: in_force

20-9-227 . Exemptions from interest assessment. Section 20-9-226 does not apply to the following:

(1) third-class school districts where the board of trustees does not meet monthly;

(2) interdistrict or intergovernmental transactions;

(3) claims subject to a good faith dispute;

(4) delinquencies due to natural disasters, disruptions in postal or delivery service, work stoppage due to labor disputes, power failures, or any other cause resulting from circumstances clearly beyond the control of the district;

(5) contracts entered into before October 1, 1985; or

(6) wages due and payable to school district employees or payments from any retirement system created pursuant to Title 19.
Mont. Code Ann. § 20-2-504 — MT Code / Title 20 / Chapter 2 / Part 5 / Section 20-2-504
20-2-504 Bylaws filed
Status: in_force

20-2-504 . Bylaws filed. Pursuant to Article III(9) of 20-2-501 , the commission shall file a copy of its bylaws and amendments to the bylaws with the secretary of state.
Mont. Code Ann. § 20-7-1601 — MT Code / Title 20 / Chapter 7 / Part 16 / Section 20-7-1601
20-7-1601 Forms of personalized learning -- legislative intent
Status: in_force

20-7-1601 . Forms of personalized learning -- legislative intent. (1) The legislature finds and declares pursuant to Article X, section 1, of the 1972 Montana constitution that forms of personalized learning authorized under Montana law, including but not limited to work-based learning pursuant to 20-7-1510 , proficiency-based learning as defined in subsection (2) of this section, determinations of course equivalency by an elected board of trustees under 20-3-324 (18), remote instruction under 20-7-118 , and transformational learning, are appropriate means of fulfilling the people's goal of developing the full educational potential of each person. The provision of and participation in forms of personalized learning under this part and in compliance with accreditation standards of the board of public education are constitutionally compliant and protected. The legislature declares that any public or private regulation that discriminates against a district or pupil participating in forms of personalized learning referenced in this section is inconsistent with constitutional goals and guarantees under Article X of the Montana constitution.

(2) As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(a) "Proficiency" means a measure of competence that is demonstrated through application in a performance assessment.

(b) "Proficiency-based learning" means an education system in which student progress is based on a student's demonstration of competence rather than on the basis of seat time or the age or grade level of the student.

(c) "Transformational learning" means a flexible system of pupil-centered and proficiency-based learning that is designed to develop the full educational potential of each pupil that:

(i) is customized to address each pupil's strengths, needs, and interests; and

(ii) actively engages each pupil in determining what, how, when, and where each pupil learns.
Mont. Code Ann. § 20-6-202 — MT Code / Title 20 / Chapter 6 / Part 2 / Section 20-6-202
20-6-202 Time limitation for boundary changes
Status: in_force

20-6-202 . Time limitation for boundary changes. An elementary district may not be created and elementary district boundaries may not be changed between the first day of January and the fourth Monday of August of any calendar year except when:

(1) the entire territory of a district is annexed or attached to another district;

(2) the entire territory of the portion of a joint district located in one county is annexed or attached to another district; or

(3) two or more districts are reorganized in their entirety.
Mont. Code Ann. § 20-9-226 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-226
20-9-226 Interest assessed on amounts due
Status: in_force

20-9-226 . Interest assessed on amounts due. (1) Except as provided in 20-9-227 , a school district shall pay simple interest at the rate of 0.05% each day on amounts due for supplies and services received if the district fails to make timely payment.

(2) For purposes of this section, payment is timely if a warrant is mailed or is otherwise made available to the payee when due and for the amount specified in the applicable contract or agreement. If no date is specified in the applicable contract or agreement, payment is timely if paid within 45 days after receipt of a properly completed invoice, addressed to the payer school district, or receipt of the supplies or services by the school district, whichever is later.
Mont. Code Ann. § 20-1-606 — MT Code / Title 20 / Chapter 1 / Part 6 / Section 20-1-606
20-1-606 Policy to ensure student protections
Status: in_force

20-1-606 . Policy to ensure student protections. The commissioner of higher education may develop a policy for action by the board of regents that is consistent with the goals and steps in this part to ensure academic protections for students called to active duty.
Mont. Code Ann. § 20-15-222 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-222
20-15-222 Results of election -- qualifying oath -- term of office
Status: in_force

20-15-222 . Results of election -- qualifying oath -- term of office. (1) When the board of trustees of the community college district has received all of the certified results of the election from the county election administrator, the then-qualified members of the board of trustees of the community college district shall tabulate the results received, shall declare and certify the candidate or candidates receiving the greatest number of votes to be elected to the position or positions to be filled, and shall declare and certify the results of the votes cast on any proposition presented at the election.

(2) (a) A person who receives a certificate of election as a community college trustee may not assume the trustee position until the person has qualified by taking an oath of office prescribed by the constitution of Montana at the next regularly scheduled meeting of the board of trustees after receipt of the certificate of election.

(b) If the elected person does not qualify in accordance with this requirement, another person must be appointed in a manner provided by 20-15-223 and shall serve until the next regular school election.

(3) After a person has qualified for a trustee position, the person shall hold the position for the term of the position and until a successor has been elected or appointed and has been qualified.
Mont. Code Ann. § 20-7-1605 — MT Code / Title 20 / Chapter 7 / Part 16 / Section 20-7-1605
20-7-1605 Transformational learning -- phase II grant program
Status: in_force

20-7-1605 . (Temporary) Transformational learning -- phase II grant program. (1) There is a transformational learning phase II grant program administered by the superintendent of public instruction. The purposes of the grant program are to:

(a) further develop the efforts of the most innovative transformational learning grantees toward district-wide implementation of transformational and proficiency-based learning; and

(b) use the knowledge gained by phase II grantees to develop recommendations and guidance for other districts interested in innovating in a similar manner.

(2) The superintendent of public instruction shall:

(a) invite those school districts that are awarded transformational learning grants to submit an application for a transformational learning phase II grant. The application must include at a minimum:

(i) evidence of the progress made by the district in implementing transformational and proficiency-based learning as the terms are defined in 20-7-1601 ; and

(ii) a detailed description of how the district plans to continue its progress toward district-wide transformational and proficiency-based learning, including cost estimates;

(b) no later than February 1, 2026, determine a list of no more than five districts to recommend for a phase II grant to the board of public education for the board's approval; and

(c) no later than July 15, 2026, and contingent on appropriation from the legislature, distribute to no more than five districts a transformational learning phase II grant. The superintendent shall base the award amounts on the district's size and the costs outlined in its application and utilize 90% of the amount appropriated by the legislature for the grants.

(3) A district receiving a transformational learning phase II grant shall:

(a) deposit the money in the district's flexibility fund and use the money prior to June 30, 2028, for the purposes described in the district's grant application; and

(b) participate in collaborative activities organized by the superintendent of public instruction for grantees as described in subsection (4).

(4) (a) With the remaining 10% of the amount appropriated by the legislature, the superintendent shall provide technical assistance and collaborative opportunities for the grantees. In supporting grantees, the superintendent may:

(i) host convenings of the grantees;

(ii) provide professional development for grantees;

(iii) enlist the assistance of organizations with expertise in supporting school districts in implementing transformational and proficiency-based learning; and

(iv) provide other types of support requested by grantees or determined to be beneficial by the superintendent.

(b) No later than September 1, 2028, the office of public instruction and the phase II grantees shall provide a joint report to the education interim committee and the education interim budget committee[, in accordance with 5-11-210 ,] on the progress made by the grantees. The report must include:

(i) a detailed description of how the grantees furthered their progress toward district-wide transformational and proficiency-based learning as a result of the grant;

(ii) a guidance document for other school districts in implementing transformational and proficiency-based learning; and

(iii) recommendations for legislative action to support districts in implementing transformational and proficiency-based learning. (Terminates December 31, 2028--sec. 8, Ch. 462, L. 2025.)
Mont. Code Ann. § 20-15-229 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-229
20-15-229 Audit of district
Status: in_force

20-15-229 . Audit of district. A community college district is subject to audit in the same manner as a state agency. A community college district shall contract for an audit with a private accounting firm, subject to approval of the legislative auditor. A community college district is responsible for paying for any portion of contract costs not appropriated by the legislature. Each community college district shall provide a copy of its audit report to the legislative auditor.
Mont. Code Ann. § 20-7-401 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-401
20-7-401 Definitions
Status: in_force

20-7-401 . Definitions. In this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Child with a disability" means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services.

(2) "Free appropriate public education" means special education and related services that:

(a) are provided at public expense under public supervision and direction and without charge;

(b) meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;

(c) include preschool, elementary school, and high school education in Montana; and

(d) are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.

(3) "Related services" means services in accordance with regulations of the Individuals With Disabilities Education Act that are required to assist a child with a disability to benefit from special education.

(4) "Special education" means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with a disability, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.

(5) "State-operated adult health care facility providing special education services to its residents" means the Montana state hospital, the Montana mental health nursing care center, or the Montana chemical dependency treatment center.

(6) "Surrogate parent" means an individual appointed to safeguard a child's rights and protect the child's interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.
Mont. Code Ann. § 20-9-438 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-438
20-9-438 Preparation of general obligation debt service fund budget -- operating reserve
Status: in_force

20-9-438 . Preparation of general obligation debt service fund budget -- operating reserve. (1) The trustees of each school district having outstanding general obligation bonds shall include in the debt service fund of the final budget adopted in accordance with 20-9-133 an amount of money that is necessary to pay the interest and the principal amount becoming due during the ensuing school fiscal year for each series or installment of bonds, according to the terms and conditions of the bonds and the redemption plans of the trustees.

(2) The trustees shall also include in the debt service fund of the final budget:

(a) the amount of money necessary to pay the special improvement district assessments levied against the school district that become due during the ensuing school fiscal year;

(b) a limited operating reserve for the school fiscal year following the ensuing school fiscal year as provided in subsection (4); and

(c) an amount to satisfy the reserve requirement for oil and natural gas revenue bonds.

(3) The trustees of a school district having outstanding oil and natural gas revenue bonds shall include in the debt service reserve account of the final budget adopted in accordance with 20-9-133 oil and natural gas production taxes received by a school district or other legally available funds sufficient to satisfy the reserve requirement. Funds remaining in the debt service reserve account may not be reappropriated or reverted and must be used for the purposes set forth in 20-9-474 .

(4) At the end of each school fiscal year, the trustees of a school district may designate a portion of the end-of-the-year fund balance of the debt service fund to be earmarked as a limited operating reserve for the purpose of paying, whenever a cash flow shortage occurs, debt service fund warrants and bond obligations that must be paid from July 1 through November 30 of the school fiscal year following the ensuing school fiscal year. Any portion of the debt service fund end-of-the-year fund balance not earmarked for limited operating reserve purposes must be reappropriated to be used for property tax reduction as provided in 20-9-439 .

(5) The county superintendent shall compare the final budgeted amount for the debt service fund with the bond retirement and interest requirement and the special improvement district assessments for the school fiscal year just beginning as reported by the county treasurer in the statement supplied under the provisions of 20-9-121 . If the county superintendent finds that the requirement stated by the county treasurer is more than the final budget amount, the county superintendent shall increase the budgeted amount for interest or principal in the debt service fund of the final budget. The amount confirmed or revised by the county superintendent is the final budget expenditure amount for the debt service fund of the school district.
Mont. Code Ann. § 20-26-617 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-617
20-26-617 Montana STEM scholarship program state special revenue account
Status: in_force

20-26-617 . Montana STEM scholarship program state special revenue account. (1) There is a Montana STEM scholarship program account within the state special revenue fund established in 17-2-102 . The purpose of the account is to fund the Montana STEM scholarship program. The account is administered by the board through the office of the commissioner of higher education.

(2) There must be paid into the account the lottery net revenue calculated pursuant to 23-7-402 .

(3) If the amount in this account is greater than the amount required to fund the scholarships in the amounts required by 20-26-616 , the excess funds must be carried over and used to fund scholarships in the next fiscal year.

(4) If the amount in this account is less than required to fully fund the scholarships as required by 20-26-616 , the board may prorate the amount of individual scholarships so that each eligible student still receives a Montana STEM scholarship.

(5) The board may use up to 1% of the funds transferred into the account in each fiscal year for costs related to administering the Montana STEM scholarship program.

(6) This account is statutorily appropriated, as provided in 17-7-502 , to the board for the Montana STEM scholarship program established in this part.
Mont. Code Ann. § 20-7-902 — MT Code / Title 20 / Chapter 7 / Part 9 / Section 20-7-902
20-7-902 Identification of gifted and talented children
Status: in_force

20-7-902 . Identification of gifted and talented children. (1) A school district shall provide educational services to gifted and talented students that are commensurate to student needs and foster a positive self-image.

(2) A school district shall provide structured support and assistance to teachers in identifying and meeting the diverse student needs of gifted and talented students and a framework for considering a full range of alternatives for addressing student needs.
Mont. Code Ann. § 20-9-435 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-435
20-9-435 Delivery of school district bonds and disposition of sale money
Status: in_force

20-9-435 . Delivery of school district bonds and disposition of sale money. (1) After the school district bonds have been registered, the county treasurer shall:

(a) when the board of investments has purchased the bonds, forward the bonds to the board that, in turn, shall send the bonds to the state treasurer and shall pay the bonds in the manner provided by law; or

(b) if the purchaser is anybody other than the board of investments, deliver the bonds to the purchaser when full payment of the bonds has been made by the purchaser.

(2) If any of the trustees fails or refuses to pay into the proper county treasury the money arising from the sale of a bond, the trustee is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year or more than 10 years or by a fine of not more than $50,000, or both.

(3) All money realized from the sale of school district bonds must be paid to the county treasurer. The county treasurer shall credit the money to the building fund of the school district issuing the bonds, except money realized for accrued interest or the purposes defined in 20-9-403 (1)(c) and (1)(d) must be deposited in the debt service fund and money realized for the purposes authorized in 20-9-403 (1)(e) must be deposited in a fund, as provided for in 2-9-316 , to pay a final judgment against the school district. The money realized from the sale of school district bonds must be immediately available to the school district, and the trustees may expend the money without budgeted authorization only for the purposes for which the bonds were authorized by the school district bond election.
Mont. Code Ann. § 20-9-408 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-408
20-9-408 Definition of forms of bonds
Status: in_force

20-9-408 . Definition of forms of bonds. As used in this part, the following definitions apply:

(1) "Amortization bond" means that form of bond on which a part of the principal is required to be paid each time that interest becomes due and payable. The part payment of principal increases with each following installment in the same amount that the interest payment decreases, so that the combined amount payable on principal and interest is the same on each payment date. However, the payment on the initial interest payment date may be less or greater than the amount of other payments on the bond, reflecting the payment of interest only or the payment of interest for a period different from that between other interest payment dates. The final payment may vary from prior payments in amount as a result of rounding prior payments.

(2) "General obligation bonds" means bonds that pledge the full faith and credit and the taxing power of a school district.

(3) "Impact aid revenue bonds" means bonds that pledge and are payable solely from federal impact aid basic support payments received and deposited to the credit of the fund established in 20-9-514 .

(4) "Oil and natural gas revenue bonds" means bonds that pledge and are payable from a first lien on oil and natural gas production taxes received by a school district pursuant to 20-9-310 . Oil and natural gas revenue bonds to which a tax deficiency is pledged are not considered general obligation bonds that are eligible to receive guaranteed tax base aid pursuant to 20-9-367 but are to be considered in determining the debt limit of a school district for the purposes of 20-9-406 .

(5) "Serial bonds" means a bond issue payable in annual installments of principal commencing not more than 2 years from the date of issue, any one installment consisting of one or more bonds, with the principal amount of bonds maturing or subject to mandatory sinking fund redemption in each installment, commencing with the installment payable in the fourth year after the date of issue, not exceeding three times the principal amount of the bonds payable in the immediately preceding installment.
Mont. Code Ann. § 20-25-302 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-302
20-25-302 Revenue-producing facilities -- powers of regents
Status: in_force

20-25-302 . Revenue-producing facilities -- powers of regents. The regents of the Montana university system may:

(1) purchase, construct, equip, or improve, at any unit of the Montana university system, any of the following types of revenue-producing facilities:

(a) land;

(b) residence halls, dormitories, houses, apartments, and other housing facilities;

(c) dining rooms and halls, restaurants, cafeterias, and other food service facilities;

(d) student union buildings and facilities; and

(e) those other facilities specifically authorized by joint resolution of the legislature;

(2) rent housing facilities and provide food and other services to the students, officers, guests, and employees of the unit at rates that will ensure a reasonable net income over operating expenses and will provide for debt service and reserves and provide for the collection of charges, admissions, and fees for the use of other facilities by students and other persons. The charges, admissions, and fees are not considered tuition within the meaning of 20-25-421 and may be collected from any or all students.

(3) hold the net income derived from the operation of the facilities and the charges, admissions, and fees collected and devote the revenue from these sources to debt service and reserves, repairs, replacements, and betterments of the facilities or, so far as the revenue has not been previously obligated for these purposes, to the acquisition, erection, equipping, enlarging, or improvement of additional facilities of the types described in this section;

(4) exercise full control and complete management of the facilities;

(5) rent the facilities to other public or private persons, firms, and corporations for uses, at times, for periods, and at rates as in the regents' judgment will be consistent with the full use of the facilities for academic purposes and will add to the revenue available for capital costs and debt service;

(6) do all things necessary to plan for and propose financing, including all necessary loan applications, for:

(a) classroom, laboratory, library, bookstore, and other instructional facilities;

(b) office, recordkeeping, storage, equipment maintenance, and other administrative and operational facilities;

(c) stadiums, fieldhouses, armories, arenas, gymnasiums, swimming pools, and other facilities for athletic and military instruction, exhibitions, games, and contests;

(d) auditoriums, theaters, music halls, and other assembly, theatrical, musical, and entertainment facilities;

(e) hospital, nursing, and other health instruction and service facilities;

(f) nurseries, barns, arenas, pavilions, and other facilities for agricultural and livestock breeding, development, and exhibition;

(g) parking lots and ramps and other parking facilities; and

(h) land needed for the facilities.
Mont. Code Ann. § 20-9-381 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-381
20-9-381 Future ready payment -- purpose -- calculation -- definitions
Status: in_force

20-9-381 . Future ready payment -- purpose -- calculation -- definitions. (1) Beginning in fiscal year 2028, the state shall provide a future ready payment to school districts. The payment is composed of incentive amounts as described in 20-9-306 and this section. The purpose of the payment is to:

(a) expand personalized career and technical education opportunities for middle school and high school pupils;

(b) reduce out-of-pocket costs for pupils and families in support of a pupil's postsecondary success;

(c) empower pupils to actively engage in forming their postsecondary success path; and

(d) provide expanded flexibility to districts to support the alignment of each pupil's postsecondary success path with each pupil's individual interests, passions, strengths, needs, and culture.

(2) The incentive amount of the future ready payment is based on three goal levels:

(a) goal level 1, high school graduates who while in high school earned 15 or more postsecondary or CTE-equivalent credits;

(b) goal level 2, high school graduates who while in high school earned 30 or more postsecondary or CTE-equivalent credits; and

(c) goal level 3, high school graduates who while in high school earned an associate-level degree.

(3) (a) A high school graduate may reach goal levels 1 and 2 using any combination of postsecondary and CTE-equivalent credits.

(b) A high school graduate who achieves a higher future ready goal level does not generate a lower goal level payment.

(4) For the purposes of 20-9-382 and this section, the following definitions apply:

(a) "CTE-equivalent credit" means the career and technical education (CTE) credit value ascribed by the department of labor and industry as set forth in 20-9-382 .

(b) (i) "Postsecondary credit" means the successful completion of a course of study by a student enrolled in a high school district or K-12 school district that results in the student's eligibility for transcripted credit within the Montana university system.

(ii) No later than December 1, the commissioner of higher education shall provide to the office of public instruction an annually updated list of the criteria of courses of study, including any completion or examination requirements, that a high school student may take that result in eligibility for transcripted credit at any unit of the Montana university system based on the adopted policies of the board of regents of higher education. If the number of credits differs based on examination results, the list must include these differentiated credit values. The list submitted applies to the achievements of high school graduates from the prior school year.
Mont. Code Ann. § 20-25-1507 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1507
20-25-1507 Remedies
Status: in_force

20-25-1507 . Remedies. (1) A person or student organization who is aggrieved by a violation of this part may bring an action against a public postsecondary institution and any employees acting in their official capacities who were responsible for the violation and may seek appropriate relief, including but not limited to injunctive relief, monetary damages, reasonable attorney fees, and court costs.

(2) If a court finds that a public postsecondary institution has violated this part, the court shall award damages of at least $2,000 and not more than $75,000 to the aggrieved person or student organization.

(3) A person or student organization may assert a violation of this part as a defense or counterclaim in any disciplinary action or civil or administrative proceeding brought against the person or student organization.

(4) This section may not be construed to limit any other remedy available to any person or student organization.
Mont. Code Ann. § 20-25-514 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-514
20-25-514 Search in accordance with law
Status: in_force

20-25-514 . Search in accordance with law. A search or entry by any law enforcement official shall be in accordance with the laws of the city, county, state, and nation.
Mont. Code Ann. § 20-15-321 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-321
20-15-321 Current unrestricted subfund cash reserve
Status: in_force

20-15-321 . Current unrestricted subfund cash reserve. At the end of each school fiscal year the board of trustees of a community college district may designate a portion of the current unrestricted subfund end-of-the-year cash balance as a cash reserve for the purpose of paying current unrestricted subfund warrants issued by the district from July 1 to November 30 of the ensuing school fiscal year. The amount of the current unrestricted subfund cash balance that is earmarked as cash reserve may not exceed 10% of the final general fund budget for the ensuing school fiscal year.
Mont. Code Ann. § 20-9-201 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-201
20-9-201 Definitions and application
Status: in_force

20-9-201 . Definitions and application. (1) As used in this title, unless the context clearly indicates otherwise, "fund" means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). Funds are classified as follows:

(a) A "budgeted fund" means any fund for which a budget must be adopted in order to expend money from the fund. The general fund, transportation fund, bus depreciation reserve fund, tuition fund, retirement fund, debt service fund, building reserve fund, adult education fund, nonoperating fund, and any other funds designated by the legislature are budgeted funds.

(b) A "nonbudgeted fund" means any fund for which a budget is not required in order to expend money on deposit in the fund. The school food services fund, miscellaneous programs fund, building fund, lease or rental agreement fund, traffic education fund, interlocal cooperative fund, internal service fund, impact aid fund, enterprise fund, custodial fund, extracurricular fund, metal mines tax reserve fund, endowment fund, litigation reserve fund, and any other funds designated by the legislature are nonbudgeted funds.

(2) The school financial administration provisions of this title apply to all money of any elementary or high school district. Elementary and high school districts shall record the receipt and disbursement of all money in accordance with generally accepted accounting principles. The superintendent of public instruction has general supervisory authority as prescribed by law over the school financial administration provisions, as they relate to elementary and high school districts. The superintendent of public instruction shall adopt rules necessary to secure compliance with the law.

(3) Except as otherwise provided by law, whenever the trustees of a district determine that a fund is inactive and will no longer be used, the trustees shall close the fund by transferring all cash and other account balances to any fund considered appropriate by the trustees if the fund does not have a cash or fund balance deficit.
Mont. Code Ann. § 20-1-305 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-305
20-1-305 School holidays
Status: in_force

20-1-305 . School holidays. (1) Pupil instruction and pupil-instruction-related days shall not be conducted on the following holidays:

(a) New Year's Day (January 1);

(b) Memorial Day (last Monday in May);

(c) Independence Day (July 4);

(d) Labor Day (first Monday in September);

(e) Thanksgiving Day (fourth Thursday in November);

(f) Christmas Day (December 25);

(g) State and national election days when the school building is used as a polling place and the conduct of school would interfere with the election process at the polling place.

(2) When these holidays fall on Saturday or Sunday, the preceding Friday or the succeeding Monday shall not be a school holiday.
Mont. Code Ann. § 20-7-330 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-330
20-7-330 Creation of state plan committee -- meetings -- report
Status: in_force

20-7-330 . Creation of state plan committee -- meetings -- report. (1) (a) The commissioner of higher education and the superintendent of public instruction shall form a state plan committee as necessary to update the state plan for career and technical education as required by 20 U.S.C. 2301.

(b) The commissioner of higher education shall appoint three people to serve on the state plan committee as follows:

(i) two educators; and

(ii) one representative of a business or community interest.

(c) The superintendent of public instruction shall appoint three people to serve on the state plan committee as follows:

(i) two educators; and

(ii) one representative of a business or community interest.

(d) The commissioner of labor and industry shall appoint two people to serve on the state plan committee as follows:

(i) the executive director or the board chair of the Montana state workforce innovation board provided for in 53-2-1203 ; and

(ii) one representative of the labor community.

(2) (a) At least three times a year, the commissioner of higher education and the superintendent of public instruction shall meet with the commissioner of labor and industry, teachers, students, labor organizations, businesses, and institutions or agencies involved in vocational and technical education. The meetings must take place during a regular meeting of each of the following entities:

(i) the board of regents;

(ii) the board of public education; and

(iii) the state workforce innovation board.

(b) During the meetings required under subsection (2)(a), the state plan committee shall, at a minimum:

(i) discuss the state plan;

(ii) identify any issues or concerns with the administration in Montana of the Strengthening Career and Technical Education for the 21st Century Act of 2018;

(iii) identify the needs of students, employers, and career programs in Montana and determine the best way to meet those needs; and

(iv) if necessary, make changes in the administration and operation in Montana of the Strengthening Career and Technical Education for the 21st Century Act of 2018.

(3) If the state plan committee submits a new or revised 4-year state plan in accordance with subsection (2)(b)(iv), the plan must be written to coordinate with or to be included in the federal Workforce Innovation and Opportunity Act combined state plan as provided in 53-2-1205 .

(4) The board of regents shall report the results of the meetings required in subsection (2) to the legislature in accordance with the provisions of 5-11-210 .
Mont. Code Ann. § 20-7-419 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-419
20-7-419 Rules
Status: in_force

20-7-419 . Rules. The superintendent of public instruction shall adopt rules for the implementation of 20-7-420 , 20-7-421 , 20-7-422 , 20-7-435 , and 20-7-436 , including but not limited to:

(1) the calculation of tuition under 20-7-420 ;

(2) the various methods for the calculation and distribution of funds under the different circumstances provided in 20-7-435 ; and

(3) the determination of responsibilities of children's psychiatric hospitals, residential treatment facilities, residential treatment centers, therapeutic group homes, and public schools pursuant to 20-7-435 .
Mont. Code Ann. § 20-9-335 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-335
20-9-335 Formula for apportionment of county equalization money
Status: in_force

20-9-335 . Formula for apportionment of county equalization money. (1) The superintendent of public instruction shall calculate the apportionment of revenue available in the elementary and high school county equalization funds in accordance with the following procedure:

(a) determine the percentage that the county equalization money available for the support of the elementary direct state aid of the districts in the county is of the total elementary direct state aid of all districts in the county;

(b) multiply the elementary direct state aid amount of each district by the percentage determined in subsection (1)(a) to determine the portion of the county equalization money available to each school district.

(2) The procedure in subsection (1) must also be applied for the high school direct state aid.

(3) Territory situated within a county may not be excluded from the calculations of the county equalization money under this section solely because the territory lies within the boundaries of a joint district. Cash balances to the credit of any district at the end of a school fiscal year may not be considered in the apportionment procedure prescribed in this section.

(4) The county equalization money reported under these procedures is the first source of revenue for financing the elementary and high school direct state aid payments.
Mont. Code Ann. § 20-7-116 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-116
20-7-116 Supervised correspondence study
Status: in_force

20-7-116 . Supervised correspondence study. The trustees of a district may provide supervised correspondence study for a pupil when it is impossible for the pupil to attend a school because of the isolation of the pupil's residence or the pupil's mental or physical incapacity. Supervision of the correspondence course must be provided by the district superintendent or the county superintendent if there is no district superintendent.
Mont. Code Ann. § 20-7-1702 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1702
20-7-1702 Montana special needs equal opportunity education savings account program -- findings and purposes
Status: in_force

20-7-1702 . Montana special needs equal opportunity education savings account program -- findings and purposes. (1) There is a Montana special needs equal opportunity education savings account program provided by the legislature as a desirable educational program pursuant to Article X, section 1(3), of the Montana constitution, which gives authority to the legislature to provide for educational programs and institutions in addition to a basic system of public schools that will fulfill the goal of the people to have an overall system of education that offers equal opportunity for all to reach their full educational potential.

(2) The legislature finds that expanding special needs educational opportunities within the state is a valid public purpose to ensure equal educational opportunity for all children with special needs.

(3) The purposes of this part pursuant to Article X, section 1(1), of the Montana constitution are to ensure that Montana children have access to educational opportunities that will develop each child's full educational potential.
Mont. Code Ann. § 20-3-354 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-354
20-3-354 Redetermination of additional trustee positions and subsequent adjustments
Status: in_force

20-3-354 . Redetermination of additional trustee positions and subsequent adjustments. Whenever there is a revision of the taxable valuation of the high school district or the elementary districts within the high school district or there is a reclassification of the elementary district that has its trustees placed on the high school district board of trustees, the county superintendent shall redetermine the number of additional trustee positions for the high school district in accordance with 20-3-352 . If there is a change in the allowable number of additional trustee positions, the county superintendent shall reestablish the trustee nominating districts in accordance with 20-3-353 . If the number of additional trustee positions is less than the previous number of positions, the county superintendent shall designate which present additional positions are to terminate upon the order reestablishing the trustee nominating districts. If the number of additional trustee positions is more than the previous number of positions, the additional trustee positions must be filled in the manner prescribed under the provisions of 20-3-309 . Each additional trustee position filled by appointment under this section is subject to election at the next regular school election.