Mont. Code Ann. § 20-7-462 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-462
20-7-462 Responsibilities of surrogate parent
Status: in_force

20-7-462 . Responsibilities of surrogate parent. A person assigned as a surrogate parent shall represent the child with a disability in all decisionmaking processes concerning the child's education by:

(1) becoming thoroughly acquainted with the child's history and other information contained in school and other pertinent files, records, and reports relating to that child's educational needs;

(2) complying with state and federal law as to the confidentiality of all records and information to which the person is privy pertaining to that child and using discretion in the necessary sharing of the information with appropriate people for the purpose of furthering the interests of the child;

(3) becoming familiar with the educational evaluation and placement for the child and by giving approval or disapproval for the evaluation and placement and reviewing and evaluating special education programs pertaining to the child and other programs that may be available; and

(4) initiating any mediation, hearing, or appeal procedures necessary and seeking qualified legal assistance whenever the assistance is in the best interest of the child.
Mont. Code Ann. § 20-3-353 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-353
20-3-353 Establishment and purpose of trustee nominating districts
Status: in_force

20-3-353 . Establishment and purpose of trustee nominating districts. (1) After the county superintendent has determined the number of additional trustee positions, the county superintendent shall establish trustee nominating districts in that portion of the high school district without representation on the high school trustees. There must be one trustee nominating district for each additional trustee position, except the additional trustee-at-large. Unless it is impossible, the trustee nominating district boundaries must be coterminous with elementary district boundaries.

(2) The purpose of the trustee nominating district is to establish a representative district for the nomination and election of a resident of the district to be an additional member of the trustees of a high school district. The electors qualified to vote in the high school district under the provisions of 20-20-301 and who reside in the trustee nominating district are the only electors who may vote for the additional trustee representing the district. They must also be permitted to vote for a trustee position at large, if there is one, but not for any other high school trustee position.

(3) Any additional trustee position established under the provisions of this section must be filled in a 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.
Mont. Code Ann. § 20-6-504 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-504
20-6-504 Opening of a junior high school
Status: in_force

20-6-504 . Opening of a junior high school. (1) The trustees of any elementary district and the trustees of the high school district in which such elementary district is located may open a junior high school when such opening has been approved by the superintendent of public instruction; except that when the high school district operates a county high school, the opening of a junior high school shall be approved under the provisions of 20-6-505 .

(2) When the trustees of such districts resolve to open a junior high school, they shall jointly apply to the superintendent of public instruction for approval to open such school by June 1 before the school fiscal year in which they intend to open the junior high school. The application shall contain such information as is required under 20-6-503 for an application to open a high school.

(3) The superintendent of public instruction shall investigate the application for the opening of a junior high school and shall approve or disapprove the opening of the junior high school before the fourth Monday of June preceding the first year of intended operation. If the opening is approved, the trustees of the elementary district and the high school district may jointly open such school.

(4) Whenever the opening of a junior high school is approved for the ensuing school fiscal year, the county superintendent shall estimate the average number belonging (ANB) after investigating the probable enrollment for the junior high school. The ANB determined by the county superintendent shall be used for budgeting and BASE funding program purposes during the ensuing school fiscal year.
Mont. Code Ann. § 20-5-405 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-405
20-5-405 Exemptions -- limitations on agency actions
Status: in_force

20-5-405 . Exemptions -- limitations on agency actions. (1) (a) There is a religious exemption to the immunizations required under 20-5-403 . A person enrolled or seeking to enroll in school may attend the school without obtaining the immunizations required under 20-5-403 if the person files with the governing authority an affidavit on a form prescribed by the department stating that immunization is contrary to the religious tenets and practices of the signer.

(b) The statement must be signed:

(i) by the person enrolled or seeking to enroll in the school, if the person is an adult; or

(ii) if the person is a minor, by a parent, guardian, or adult who has the responsibility for the care and custody of the minor.

(c) The statement must be maintained as part of the person's immunization records.

(2) (a) There is a medical exemption to the immunizations required under 20-5-403 . A person enrolled or seeking to enroll in school may attend the school without obtaining the immunizations if a written medical exemption statement signed by a health care provider specified in subsection (2)(c) is filed with the governing authority. The medical exemption statement must:

(i) attest that the physical condition of the person enrolled or seeking to enroll in school or the medical circumstances relating to the person indicate that some or all of the required immunizations are not considered safe; and

(ii) indicate the specific nature and probable duration of the medical condition or circumstances that contraindicate immunization.

(b) The person is exempt from the requirements of this part to the extent indicated by the medical exemption statement.

(c) The medical exemption statement must be signed by a person who:

(i) is licensed, certified, or otherwise authorized by the laws of any state or Canada to provide health care as defined in 50-16-504 ;

(ii) is authorized within the person's scope of practice to administer the immunizations to which the exemption applies; and

(iii) has previously provided health care to the person seeking the exemption or has administered an immunization to which the person seeking an exemption has had an adverse reaction.

(3) (a) The department may not require an exemption form under this section that imposes requirements that are more burdensome or otherwise in excess of the requirements described in this section. A form prescribed by the department that contains requirements not expressly described in this section is void to the extent that it purports to impose requirements not included in this section.

(b) A governing authority may not deny an exemption on the basis that a person has not completed portions of the exemption form that are void under this subsection (3).

(c) The department is not authorized to review a completed medical exemption statement or medical exemption form for the purpose of granting or denying a medical exemption.

(d) An exemption statement or form under this section must be maintained as part of the person's immunization records and may not be photocopied or otherwise duplicated for use by a third party without the permission of the student's parent or, if the student is an adult, the written consent of the student.

(4) Whenever there is good cause to believe that a person for whom an exemption has been filed under this section has a disease or has been exposed to a disease listed in 20-5-403 or will as the result of school attendance be exposed to the disease, the person may be excluded from the school by the local health officer or the department until the excluding authority is satisfied that the person no longer risks contracting or transmitting that disease.
Mont. Code Ann. § 20-8-111 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-111
20-8-111 Duty of board of public education as to property of school
Status: in_force

20-8-111 . Duty of board of public education as to property of school. The board of public education shall, either directly or through a contract with a nonprofit corporation, receive, hold, manage, use, and dispose of real and personal property transferred to the board or to the state of Montana by purchase, gift, devise, or bequest or otherwise acquired and the proceeds, interest, and income of the property for the use and benefit of the school for the deaf and blind. All donations, gifts, devises, or grants vest in the board or its designee, as trustee for the state of Montana, for the use and benefit of the school and its students.
Mont. Code Ann. § 20-6-813 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-813
20-6-813 Public charter school access to district facilities and land
Status: in_force

20-6-813 . Public charter school access to district facilities and land. (1) A public charter school district has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or an unused portion of a public school facility or property within the located school district.

(2) A public charter school district may negotiate and contract at or below fair market value with a school district, the governing body of a college or university or community college, or any other public entity or for-profit or nonprofit private entity for the use of a facility for a school building.

(3) All applicable laws governing the sale or disposition of property of a school district under 20-6-604 apply to this section.
Mont. Code Ann. § 20-15-227 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-227
20-15-227 Trustee removal procedure
Status: in_force

20-15-227 . Trustee removal procedure. (1) Any person may seek the removal of a community college trustee by filing a complaint with the board of county commissioners, containing charges based on one or more of the grounds cited in 20-15-228 .

(2) If upon receiving a complaint it appears that there is probable cause for removal, the board of county commissioners shall suspend the trustee from the trustee position until charges can be heard in the appropriate district court. The board of county commissioners shall then transmit the complaint, together with a statement of suspension, to the district court.
Mont. Code Ann. § 20-2-112 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-112
20-2-112 Quarterly meetings of boards -- called meetings -- notice of meetings
Status: in_force

20-2-112 . Quarterly meetings of boards -- called meetings -- notice of meetings. (1) The board of public education and the board of regents shall meet at least quarterly.

(2) Other meetings of either board may be called by the governor, by the presiding officer, by the secretary, or by four appointed members.

(3) The secretary to each board shall mail notice to each member at least 7 days in advance of all meetings of the respective board.
Mont. Code Ann. § 20-6-505 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-505
20-6-505 Opening a junior high school when high school district operates a county high school
Status: in_force

20-6-505 . Opening a junior high school when high school district operates a county high school. (1) Whenever the trustees of an elementary district and a high school district operating a county high school have formed a joint board of trustees under the provisions of 20-3-361 , such joint board of trustees may open a junior high school under the provisions of this section.

(2) When the joint board of trustees resolves to open a junior high school, they shall order an election under the provisions of 20-20-201 to submit a proposition to the electors of the district to approve or disapprove the trustees' resolution to open a junior high school. The joint board of trustees shall call and conduct the election in the manner prescribed in this title for school elections and equally share the cost of the election. Any elector qualified to vote under the provisions of 20-20-301 may vote on the proposition. If a majority of the electors voting at the election approve the proposition, the trustees shall apply to the superintendent of public instruction for approval to open a junior high school. If a majority of the electors voting at the election disapprove the proposition, a junior high school shall not be opened by the joint board of trustees.

(3) The application to the superintendent of public instruction for the approval to open a junior high school shall be submitted by June 1 following the election approving the opening of the junior high school. The application shall contain such information as is required under 20-6-503 for an application to open a high school.

(4) The superintendent of public instruction shall investigate the application for the opening of a junior high school and shall approve or disapprove the opening of the junior high school before the fourth Monday of June preceding the first year of intended operation. If the opening is approved, the joint board of trustees may open the junior high school.

(5) At any time the trustees of the elementary district and the trustees of the high school district shall cease to form a joint board of trustees under the provisions of 20-3-361 , the junior high school shall be closed and the districts shall assume the provision of an educational program for the junior high school pupils of their respective districts.
Mont. Code Ann. § 20-15-315 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-315
20-15-315 Funding for new community college district
Status: in_force

20-15-315 . Funding for new community college district. (1) The board of trustees of a newly created community college district shall, by August 1 immediately preceding the regular legislative session at which the district will first seek a state appropriation, submit to the board of regents enrollment projections for each year of the ensuing biennium and an annual budget pursuant to 20-15-312 for the first year of the ensuing biennium.

(2) The state general fund appropriation for the district must be determined as follows:

(a) For the first year of the ensuing biennium:

(i) divide the total adjusted base of all community colleges by the total FTE of all community colleges in the base year;

(ii) multiply the result of subsection (2)(a)(i) by the inflationary factor for the second year of the current biennium and then multiply by the inflationary factor for the first year of the ensuing biennium; and

(iii) multiply the result of subsection (2)(a)(ii) by the projected weighted resident FTE of the new community college for the first year of the ensuing biennium.

(b) For the second year of the ensuing biennium:

(i) multiply the number calculated in subsection (2)(a)(ii) by the inflationary factor for the second year of the ensuing biennium; and

(ii) multiply the result of subsection (2)(b)(i) by the projected weighted resident FTE of the new community college for the second year of the ensuing biennium.

(3) (a) After each fiscal year of the first biennium the new community college district receives a state appropriation, the commissioner of higher education shall determine the fiscal impacts that would have resulted had the actual FTE for that fiscal year been used to determine that fiscal year's state appropriation and determine any overpayment or underpayment to the community college for that fiscal year.

(b) At the end of each odd fiscal year, the commissioner shall calculate the net underpayment or overpayment resulting from the underpayment or overpayment of the prior fiscal year and current fiscal year determined under subsection (2) and:

(i) the commissioner shall distribute any net underpayment determined under this subsection (3) to a community college from the community college FTE adjustment account by October 15 of the current calendar year; or

(ii) a community college receiving a net overpayment determined under this subsection (3) shall pay a fee equal to the overpayment to the commissioner by October 15 of the current calendar year for deposit in the community college FTE adjustment account.

(4) After the first biennium a new community college district receives a state appropriation, the state appropriation for the district in subsequent bienniums must be determined as described in 20-15-310 .
Mont. Code Ann. § 20-25-243 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-243
20-25-243 Director of station
Status: in_force

20-25-243 . Director of station. The dean of the forestry school, whoever shall hold that office from time to time, shall be the director of said Montana forest and conservation experiment station. The board of regents shall have the power and it shall be its duty to appoint or designate such assistants and employees as may be necessary and to fix the compensation of all persons connected with said station.
Mont. Code Ann. § 20-15-223 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-223
20-15-223 Vacancies
Status: in_force

20-15-223 . Vacancies. (1) A community college trustee position is vacant whenever the incumbent:

(a) dies;

(b) resigns; or

(c) is removed under the provisions of 20-15-227 .

(2) A trustee position is also vacant whenever an elected candidate fails to qualify under the provisions of 20-3-307 .

(3) Any vacancy of a trustee position shall be filled by appointment by majority vote of the remaining trustees, and the person appointed shall hold office until the next regular school election day, when a trustee shall be elected for the remainder of the unexpired term.
Mont. Code Ann. § 20-3-302 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-302
20-3-302 Legislative intent to elect less than majority of trustees
Status: in_force

20-3-302 . Legislative intent to elect less than majority of trustees. (1) It is the intention of the legislature that the terms of a majority of the trustee positions of any district with elected trustees may not regularly expire and be subject to election on the same regular school election day. In elementary districts, there may not be more than three trustee positions in first-class districts, two trustee positions in second-class districts or third-class districts having five trustee positions, or one trustee position in third-class districts having three trustee positions regularly subject to election at the same time. In high school districts there may not be more than two additional trustee positions in first- or second-class districts or more than one in third-class districts regularly subject to election at the same time. In county high school districts, there may not be more than two trustee positions to be filled by members residing in the elementary district where the county high school building is located or more than one trustee position to be filled by members residing outside of the elementary district where the county high school building is located subject to election at the same time.

(2) In the following circumstances relating to newly created trustee positions, the initial terms may be shortened to comply with the intent of subsection (1):

(a) the reorganization of school districts under the provisions of 20-6-423 ;

(b) the establishment of additional trustee positions of a high school district under the provisions of 20-3-353 or 20-3-354 or new trustee positions under the provisions of 20-3-352 (3);

(c) the change of a district's classification under the provisions of 20-6-201 or 20-6-301 ;

(d) the establishment of additional elementary trustee positions under the provisions of 20-3-341 (3); or

(e) the establishment of additional high school trustee positions under the provisions of 20-6-313 .

(3) If the change of a district's classification under 20-6-201 or 20-6-301 decreases the number of trustee positions, the positions must be eliminated in a manner that complies with the intent of subsection (1).

(4) Although the legislature intends that the terms of a majority of trustees of any district may not regularly expire and be subject to election at the same time, it is recognized that filling a vacancy under 20-3-308 may lead to a subsequent school election in which a majority of trustee positions are subject to election at the same time.
Mont. Code Ann. § 20-6-218 — MT Code / Title 20 / Chapter 6 / Part 2 / Section 20-6-218
20-6-218 Relocation of elementary school within district
Status: in_force

20-6-218 . Relocation of elementary school within district. The trustees of an elementary district may relocate an elementary school that is currently operating within the district if the relocation will be more convenient for the majority of the pupils attending. The provisions of 20-6-502 relating to opening or reopening a school do not apply. The provisions of 20-6-603 apply if the new site has not been previously approved as required by 20-6-603 .
Mont. Code Ann. § 20-9-103 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-103
20-9-103 School budget form
Status: in_force

20-9-103 . School budget form. (1) The format of the school budget form shall be prescribed by the superintendent of public instruction and shall provide for proper school budgeting procedures in accordance with the budgeting requirements of this title and generally accepted accounting principles. The superintendent of public instruction shall cause a sufficient number of the budget forms to be printed for use by all districts for each school fiscal year.

(2) Each district shall use the budget forms prescribed by the superintendent of public instruction, except that a district may in addition, with the approval of the superintendent of public instruction, use a more detailed form.
Mont. Code Ann. § 20-5-106 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-106
20-5-106 Truancy
Status: in_force

20-5-106 . Truancy. (1) For the purposes of this part "truant" or "truancy" means the persistent nonattendance without excuse, as defined by district policy, for all or any part of a school day equivalent to the length of one class period of a child required to attend a school under 20-5-103 .

(2) If an attendance officer discovers a child is truant, the attendance officer may make a reasonable effort to notify the parent, guardian, or other person responsible for the care of the child that the continued truancy of the child may result in the prosecution of the parent, guardian, or other person responsible for the care of the child under the provisions of this section. If the child is discovered to be truant after the attendance officer has made a reasonable effort to notify the parent, guardian, or other person responsible for the care of the child, the attendance officer may require that the parent, guardian, or other person responsible for the care of the child and the child meet with an individual designated by the school district to formulate a truancy plan to address and resolve the truancy. If the parent, guardian, or other person responsible for the care of the child fails to meet with the designated individual or fails to uphold the responsibilities under the provisions of the truancy plan, the attendance officer may refer the matter to the prosecuting attorney in a court of competent jurisdiction for a determination regarding whether to prosecute the parent, guardian, or other person responsible for the care of the child.

(3) (a) If convicted, the person shall be fined not more than $100, ordered to perform up to 20 hours of community service, or required to give bond in the penal sum of $100, with sureties, conditioned on the person's agreement to cooperate with the district in implementing the truancy plan provided for in subsection (2) for the remainder of the current school term.

(b) If a person fails to comply with an order of the court issued under subsection (3)(a), the person may be imprisoned in the county jail for a term of not more than 3 days.

(4) (a) If the child is discovered by the attendance officer to be truant on 9 or more days or 54 or more parts of a day in 1 school year, the child may be referred to youth court as habitually truant under Title 41, chapter 5.

(b) Following a referral to youth court under subsection (4)(a), an attendance officer shall inform the youth court of any subsequent truancies by the child, and the youth court may find the child to be a youth in need of intervention as defined in 41-5-103 and make any of the dispositions provided in 41-5-1512 .
Mont. Code Ann. § 20-7-105 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-105
20-7-105 K-12 data task force
Status: in_force

20-7-105 . K-12 data task force. (1) There is a K-12 data task force established by the office of public instruction.

(2) The K-12 data task force is composed of:

(a) The presiding officer and vice presiding officer of the senate and house standing committees on education and the presiding officer and vice presiding officer of the joint subcommittee for education that deals with appropriations or their designees;

(b) additional positions appointed by the majority vote of the presiding officers and vice presiding officers referred to in subsection (2)(a), as follows:

(i) three elected school board trustees consisting of one each from a class 1, class 2, and class 3 school district;

(ii) three school administrators consisting of one each employed by a class 1, class 2, and class 3 school district;

(iii) three teachers consisting of one each employed by a class 1, class 2, and class 3 school district;

(iv) three technology staff consisting of one each employed by a class 1, class 2, and class 3 school district;

(v) six parents, consisting of one parent of an elementary pupil currently enrolled in each of a class 1, class 2, and class 3 school district and one parent of a high school pupil currently enrolled in each of a class 1, class 2, and class 3 school district; and

(vi) three school district clerks, as provided in 20-3-325 , consisting of one each employed by a class 1, class 2, and class 3 school district.

(3) The K-12 data task force shall serve in an advisory capacity to the office of public instruction. The task force shall review, monitor, and provide input and guidance in enhancing the statewide K-12 data system pursuant to 20-7-104 .

(4) Unless otherwise provided by law, each member is entitled to be paid $50 for each day in which the member is engaged in the performance of duties under this section and is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while in the performance of task force duties. Members who are full-time salaried officers or employees of this state or of a political subdivision of this state are not entitled to be compensated for their service as members except when they perform their task force duties outside their regular working hours or during hours charged against their leave time, but those members are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 20-25-221 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-221
20-25-221 Montana state university-Bozeman -- designation and purpose
Status: in_force

20-25-221 . Montana state university-Bozeman -- designation and purpose. (1) The land-grant university for the state of Montana, designated as "Montana state university-Bozeman", is established at Bozeman under the provisions of the Morrill Act of 1862.

(2) Montana state university-Bozeman shall be a comprehensive institution carrying out programs of research and public service and offering instruction in the sciences, literature, and arts, including military science, as well as professional programs in agriculture, engineering, and other fields as may be prescribed by the regents.
Mont. Code Ann. § 20-9-351 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-351
20-9-351 Funding of deficiency in BASE aid
Status: in_force

20-9-351 . Funding of deficiency in BASE aid. If the money available for BASE aid is not the result of a reduction in spending under 17-7-140 and is not sufficient to provide the guaranteed tax base aid required under 20-9-366 through 20-9-369 and BASE aid support determined under 20-9-347 , the superintendent of public instruction shall request the budget director to submit a request for a supplemental appropriation in the second year of the biennium that is sufficient to complete the funding of BASE aid for the elementary and high school districts for the current biennium.
Mont. Code Ann. § 20-9-231 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-231
20-9-231 Metal mines tax reserve fund
Status: in_force

20-9-231 . Metal mines tax reserve fund. (1) The governing body of a local school district receiving tax collections under 15-37-117 (1)(e) may establish a metal mines tax reserve fund to be used to hold the collections. The governing body may hold money in the fund for any time period considered appropriate by the governing body. Money held in the fund may not be considered as fund balance for the purpose of reducing mill levies.

(2) Money may be expended from the fund for any purpose provided by law.

(3) Money in the fund must be invested as provided by law. Interest and income from the investment of the metal mines tax reserve fund must be credited to the fund.

(4) The fund must be financially administered as a nonbudgeted fund under the provisions of this title.
Mont. Code Ann. § 20-25-439 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-439
20-25-439 Vocational-technical education -- mill levy required
Status: in_force

20-25-439 . Vocational-technical education -- mill levy required. (1) The boards of county commissioners of Cascade, Lewis and Clark, Missoula, Silver Bow, and Yellowstone Counties shall in each calendar year levy a tax of 1 1/2 mills on the dollar value of all taxable property, real and personal, located within the respective county.

(2) The funds from the mill levy must be deposited in the general fund and must be distributed for vocational-technical education on the basis of budgets approved by the board of regents.
Mont. Code Ann. § 20-7-471 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-471
20-7-471 Blind persons' literacy rights and education -- definitions
Status: in_force

20-7-471 . Blind persons' literacy rights and education -- definitions. As used in 20-7-470 through 20-7-475 , unless the context requires otherwise, the following definitions apply:

(1) "Blind or visually impaired child" means an individual who is eligible for special education services and who:

(a) has a visual acuity of 20/70 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or

(b) has a medically indicated expectation of visual deterioration that would qualify the child as having a visual acuity as described in subsection (1)(a).

(2) "Braille" means the system of reading and writing through touch, commonly known as standard English Braille.

(3) "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. 1401(11).
Mont. Code Ann. § 20-3-314 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-314
20-3-314 School district trustee information
Status: in_force

20-3-314 . School district trustee information. (1) The office of public instruction shall create a repository, accessible through its website, that makes the following information readily available for each school district of the state, which is updated within 14 days following the qualification and oathtaking under 20-3-307 of a newly elected trustee or for the filling of a vacancy on the board:

(a) a list of current trustees, including the terms the trustees are serving and, if applicable, the trustee district;

(b) contact information for current trustees;

(c) if the board of trustees maintains a website, a link to the website; and

(d) contact information for the school district clerk.

(2) The office of public instruction shall collaborate with school district clerks in developing the most efficient means to implement the requirements of this section.
Mont. Code Ann. § 20-25-805 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-805
20-25-805 State obligations or rights under compact not altered
Status: in_force

20-25-805 . State obligations or rights under compact not altered. Nothing contained in this chapter shall be construed to alter any of the obligations or restrict or impair any rights which this state may have under the compact establishing the commission.
Mont. Code Ann. § 20-7-204 — MT Code / Title 20 / Chapter 7 / Part 2 / Section 20-7-204
20-7-204 School library book selection
Status: in_force

20-7-204 . School library book selection. School library books shall be selected by the district superintendent or a principal if there is no district superintendent, subject to the approval of the trustees. In districts not employing a superintendent or principal, the trustees shall select the school library books on the basis of recommendations of the county superintendent.
Mont. Code Ann. § 20-1-503 — MT Code / Title 20 / Chapter 1 / Part 5 / Section 20-1-503
20-1-503 Indian education for all -- requirements -- reporting
Status: in_force

20-1-503 . Indian education for all -- requirements -- reporting. (1) Pursuant to this part and 20-9-329 and the definition of basic system of free quality public elementary and secondary schools under 20-9-309 , the board of trustees of a school district shall:

(a) require that all certified personnel and all students receive instruction in American Indian studies; and

(b) in meeting the requirements of subsection (1)(a), utilize the specialist services of Indian language and culture specialists licensed under the rules of the board of public education to the greatest extent possible.

(2) Members of boards of trustees and all noncertified personnel in public school districts are encouraged to satisfy the requirements for instruction in American Indian studies.

(3) (a) Pursuant to Article X, section 1(2), of the Montana constitution, 20-1-501 , 20-7-101 , and 20-9-309 , the board of public education shall incorporate the distinct and unique cultural heritage of Montana American Indians in the content and performance standards that schools must implement as a requirement for school accreditation.

(b) The superintendent of public instruction shall include representatives of Montana Indian tribes on negotiated rulemaking committees formed pursuant to 20-7-101 addressing the development or revision of content and performance standards under subsection (3)(a).

(4) The board of public education and the superintendent of public instruction shall abide by the guiding principles and documentation requirements under 2-15-142 in fulfilling duties pursuant to this part.

(5) Educational agencies and their personnel are encouraged to participate in ongoing education in American Indian studies.

(6) The office of public instruction shall:

(a) create an online portal for submitting feedback from parents, students, and educators about the implementation of the requirements of this part;

(b) respond to and address the feedback received in a manner that aims to continually improve the quality of American Indian studies under this part; and

(c) report annually to the education interim committee and the state-tribal relations committee in accordance with 5-11-210 on:

(i) the feedback received, responses provided, and improvements made under this subsection (6); and

(ii) school districts failing to report or report satisfactorily in the same manner as described in 20-9-329 (6)(a).

(7) In supporting school districts in fulfilling the requirements of this part, the office of public instruction shall integrate its efforts to the greatest extent possible with the Montana Indian language preservation program under 20-9-537 .
Mont. Code Ann. § 20-7-506 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-506
20-7-506 Annual allocation and distribution of traffic education account proceeds
Status: in_force

20-7-506 . Annual allocation and distribution of traffic education account proceeds. (1) Subject to the provisions of subsection (2), the superintendent of public instruction shall annually order the distribution of all money in the traffic education account to the districts conducting approved traffic education courses. The distribution of the traffic education money must be based on the distribution policy promulgated by the superintendent of public instruction, provided that the reimbursements to districts must be based upon the number of pupils who, in a given school fiscal year, complete an approved traffic education course, including both the classroom instruction and behind-the-wheel driving.

(2) Before the funds in the traffic education account are disbursed, there must be appropriated to the superintendent of public instruction funds to administer the statewide traffic education program for eligible, young, novice drivers. The administration may include:

(a) supervision and assessment of approved traffic education courses;

(b) preparation for teachers of traffic education;

(c) development, printing, and distribution of essential instructional materials for traffic education; and

(d) any other activities considered necessary by the superintendent of public instruction, provided that the money is available only to support traffic education for young, novice drivers.
Mont. Code Ann. § 20-10-147 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-147
20-10-147 Bus depreciation reserve fund
Status: in_force

20-10-147 . Bus depreciation reserve fund. (1) The trustees of a district owning a bus used for purposes of transportation, as defined in 20-10-101 , or for purposes of conveying pupils to and from school functions or activities may establish a bus depreciation reserve fund to be used for the conversion, remodeling, or rebuilding of a bus or for the replacement of a bus or communication systems and safety devices installed on the bus, including but not limited to global positioning systems, cameras, and two-way radios. The trustees of a district may also use the bus depreciation reserve fund to purchase an additional bus for purposes of transportation, as defined in 20-10-101 .

(2) Whenever a bus depreciation reserve fund is established, the trustees may include in the district's budget, in accordance with the school budgeting provisions of this title, an amount each year that does not exceed 20% of the original cost of a bus or communication systems and safety devices installed on the bus. The amount budgeted may not, over time, exceed 150% of the original cost of a bus or communication systems and safety devices installed on the bus. The annual revenue requirement for each district's bus depreciation reserve fund, determined within the limitations of this section, must be reported by the county superintendent to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values as the bus depreciation reserve fund levy requirement for that district, and a levy must be made by the county commissioners in accordance with 20-9-142 .

(3) Any expenditure of bus depreciation reserve fund money must be within the limitations of the district's final bus depreciation reserve fund budget and the school financial administration provisions of this title and may be made only to convert, remodel, or rebuild buses, to replace the buses or communication systems and safety devices installed on the bus, or for the purchase of an additional bus as provided in subsection (1), for which the bus depreciation reserve fund was created.
Mont. Code Ann. § 20-7-473 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-473
20-7-473 Standards of competency and instruction -- Braille reading and writing
Status: in_force

20-7-473 . Standards of competency and instruction -- Braille reading and writing. Instruction in Braille reading and writing must be provided in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
Mont. Code Ann. § 20-6-214 — MT Code / Title 20 / Chapter 6 / Part 2 / Section 20-6-214
20-6-214 Boundary adjustments in elementary school districts
Status: in_force

20-6-214 . Boundary adjustments in elementary school districts. The trustees of an elementary school district may, by resolution, request a change in the boundaries between their district and an adjacent district. If the trustees request a transfer by resolution, the territory proposed for transfer must conform to the provisions of 20-6-105 (1) and (2) and the resolution must include information outlined in 20-6-105 (3). The resolution must be addressed to the county superintendent of schools who, upon receiving the resolution, shall proceed to a hearing as set forth in 20-6-105 (6).
Mont. Code Ann. § 20-7-309 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-309
20-7-309 Funding for career and technical education programs in middle grades
Status: in_force

20-7-309 . Funding for career and technical education programs in middle grades. (1) The superintendent of public instruction shall annually distribute money from the appropriation for middle grades career and technical education. The money must be allocated to elementary and K-12 school districts with accredited and approved junior high, middle school, or 7th and 8th grade programs.

(2) The superintendent of public instruction shall by rule prescribe the method for distribution, the form of the application, budget procedures, and accounting rules for the funds. The legislature intends that the state money be used to enhance distributions of federal funding under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 to support middle grades career and technical education in line with the plan developed under 20-7-330 , except that the state money may not be limited by school size and that the distribution method adopted by the superintendent of public instruction be equitable. The superintendent of public instruction may prescribe other requirements for the receipt of funding consistent with Title 20, chapter 7, part 3.
Mont. Code Ann. § 20-15-221 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-221
20-15-221 Election of trustees after organization of community college district
Status: in_force

20-15-221 . Election of trustees after organization of community college district. (1) After organization, the registered electors of the community college district qualified to vote under the provisions of 20-20-301 shall annually vote for trustees on the regular school election day provided for in 20-20-105 (1). The election must be conducted in accordance with the election provisions of this title whenever the provisions are made applicable to community college districts. Pursuant to 20-15-208 , the elections must be conducted by the county election administrator on the order of the board of trustees of the community college district. The order must be transmitted to the appropriate trustees at least 85 days prior to the regular school election day.

(2) Notice of the community college district trustee election must be given as provided in 13-1-108 .

(3) If trustees are elected other than at large throughout the entire district, then only those qualified electors within the area from which the trustee or trustees are to be elected may cast their ballots for the trustee or trustees from that area.

(4) Candidates for the office of trustee shall file their declarations of candidacy with the county election administrator within the time period specified in 20-3-305 (2).

(5) All costs incident to election of the community college trustees must be borne by the community college district, including one-half of the compensation of the judges for the school elections.
Mont. Code Ann. § 20-25-1503 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1503
20-25-1503 Public campus as public forum -- free speech zone prohibited
Status: in_force

20-25-1503 . Public campus as public forum -- free speech zone prohibited. (1) An outdoor area of campus of a public postsecondary institution is a public forum. A public postsecondary institution may not create a free speech zone or other designated outdoor areas of campus outside of which expressive activity is prohibited.

(2) A public postsecondary institution may maintain and enforce reasonable restrictions on the time, place, or manner of expressive activity. The restrictions must be narrowly tailored to serve a significant institutional interest. The restrictions must employ clear, published, content-neutral, and viewpoint-neutral criteria while providing for ample alternative means of expression. The restrictions must allow members of the public to spontaneously and contemporaneously assemble and distribute printed materials.

(3) This section may not be construed to limit the right of student expressive activity elsewhere on the public postsecondary institution's campus.
Mont. Code Ann. § 20-25-452 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-452
20-25-452 Student organizations functioning as political committees -- funding
Status: in_force

20-25-452 . Student organizations functioning as political committees -- funding. (1) A student organization that is required to register as a political committee and is regularly active may be funded in the same manner as other student organizations, except that if the organization is funded by an additional optional student fee, the fee must be an opt-in fee.

(2) The opt-in fee may only be delivered to the student organization by means of a written instrument signed by the student or through an electronic payment system that operates independently of any systems, electronic or otherwise, used by a public postsecondary institution for the purpose of collecting, receiving, or disbursing any tuition or fees.

(3) As used in this section, the following definitions apply:

(a) "Benefit" means any type of advantage, including but not limited to:

(i) recognition;

(ii) registration;

(iii) the use of facilities of the public postsecondary institution for meetings or speaking purposes;

(iv) the use of channels of communication; and

(v) funding sources that are otherwise available to other student organizations at the public postsecondary institution.

(b) "Political committee" has the meaning provided in 13-1-101 .

(c) "Public postsecondary institution" means:

(i) a unit of the Montana university system as described in 20-25-201 ; or

(ii) a Montana community college defined and organized as provided in 20-15-101 .

(d) "Regularly active" means having expended more than $10,000 in each of two or more statewide elections in the preceding 10 years.

(e) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.
Mont. Code Ann. § 20-7-136 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-136
20-7-136 Legislative findings -- purpose
Status: in_force

20-7-136 . Legislative findings -- purpose. (1) The legislature finds that:

(a) the utilization of education and workforce data holds great promise for developing the full educational potential of Montanans and in maximizing the effectiveness of state investments in education and workforce systems; and

(b) a systems approach with shared governance between relevant agencies is the best way to utilize education and workforce data while ensuring that the data is only used for appropriate purposes and in compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as amended, and its implementing regulations at 34 CFR, part 99, and all other relevant federal and state privacy laws, and any other privacy measures required by the education and workforce data governing board.

(2) The purpose of 20-7-136 through 20-7-138 is to create a strong and transparent education and workforce data governing board with authority over the linkage of education and workforce data gathered and maintained by state agencies to ensure that the data is used to benefit the people of the state in a secure manner and only for appropriate purposes.
Mont. Code Ann. § 20-25-103 — MT Code / Title 20 / Chapter 25 / Part 1 / Section 20-25-103
20-25-103 Authority to accept gifts
Status: in_force

20-25-103 . Authority to accept gifts. On behalf of the state, the regents may accept all gifts or grants of any kind for the use of any of the units of the university system. Gifts or grants subject to specific provisions shall be accepted and used subject to the terms of the gift or grant.
Mont. Code Ann. § 20-7-1338 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1338
20-7-1338 Law enforcement notification
Status: in_force

20-7-1338 . Law enforcement notification. The trustees shall submit the school marshal's name, date of birth, and address of the school marshal's place of employment to:

(1) the Montana public safety officer standards and training council; and

(2) all applicable law enforcement agencies with jurisdiction and emergency response authority in the school district, including:

(a) the chief law enforcement officer of the local municipal law enforcement agency, if the school district is located within a municipality;

(b) the sheriff of a county where a school district is located; and

(c) in the case of a district located within the boundaries of a reservation, the chief tribal law enforcement officer and area federal law enforcement authorities.
Mont. Code Ann. § 20-26-634 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-634
20-26-634 Montana foster youth higher education assistance program -- program requirements -- student participant eligibility
Status: in_force

20-26-634 . (Temporary) Montana foster youth higher education assistance program -- program requirements -- student participant eligibility. (1) Institutions awarded a grant shall develop a program that:

(a) serves students who are eligible participants pursuant to subsection (2);

(b) provides on-campus, year-round room and board, including meal plans, to participants from the time they age out of foster care;

(c) provides support services to each participant, including help with admissions and enrollment, assistance completing financial aid paperwork and scholarship applications, life skills training, academic tutoring, job search and career assistance, and a community family or mentor for the purpose of creating a family-like and nurturing connection in the community;

(d) provides last dollar scholarship awards, not to exceed the cost of attendance, based on each term for which a student is eligible. The scholarship awards must be 50% funded by the Montana foster youth higher education assistance program and the remaining 50% funded by private academic unit funds.

(2) To be considered an eligible participant, a student must:

(a) be eligible for the federal John H. Chafee foster care for successful transition to adulthood program;

(b) be enrolled full time and taking courses that lead to:

(i) an associate or bachelor's degree offered by the institution; or

(ii) a vocational or entry-level professional credential or certification offered by the institution;

(c) have been a resident of Montana for at least 12 months prior to applying to the program;

(d) have graduated from high school or received a secondary education equivalency certificate; and

(e) have completed and submitted the free application for federal student aid for the current academic year and accepted all federal and state aid grants available.

(3) A participant shall:

(a) make satisfactory progress toward a degree or vocational or entry-level professional credential or certification;

(b) maintain a cumulative grade point average of at least 2.0;

(c) pay a nominal fee toward the cost of attendance, as determined by the institution;

(d) work a minimum of 10 hours per week from the second semester onward; and

(e) accept support services, including tutoring and life skills classes, offered by the institution. (Terminates June 30, 2031--sec. 4, Ch. 629, L. 2023.)
Mont. Code Ann. § 20-5-105 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-105
20-5-105 Attendance officer -- powers and duties
Status: in_force

20-5-105 . Attendance officer -- powers and duties. The attendance officer of a district:

(1) must, subject to district policy, be vested with police powers, the authority to serve warrants, and the authority to enter places of employment of children in order to enforce the compulsory attendance provisions of this title;

(2) may, subject to district policy, take into custody any child subject to compulsory attendance who is not excused under the provisions of this title and conduct the child to the school in which the child is or should be enrolled;

(3) may, subject to district policy, do whatever else is required to investigate and enforce the compulsory attendance provisions of this title and the pupil attendance policies of the trustees;

(4) may, subject to district policy, institute proceedings against any parent, guardian, or other person violating the compulsory attendance provisions of this title;

(5) may, subject to district policy, keep a record of transactions for the inspection and information of the trustees and shall make reports in the manner and to whomever the trustees designate; and

(6) may, subject to district policy, perform any other duties prescribed by the trustees to preserve the morals and secure good conduct of the pupils of the district.
Mont. Code Ann. § 20-9-302 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-302
20-9-302 School isolation
Status: in_force

20-9-302 . School isolation. (1) Except as provided in 20-6-502 (4)(b), the trustees of any district operating an elementary school of less than 10 ANB or a high school of less than 25 ANB for 2 consecutive years shall apply to have the school classified as an isolated school. The application must be submitted by the trustees to the county superintendent by May 1 of the second consecutive year that enrollment falls below the amount specified in this subsection. The application must include:

(a) the name of each pupil who will attend the school during the ensuing school fiscal year with the distance the pupil resides from the nearest county road or highway;

(b) a description of conditions affecting transportation such as poor roads, mountains, rivers, or other obstacles to travel, the distance the school is from the nearest open school having room and facilities for the pupils of the school, or any other condition that would result in an unusual hardship to the pupils of the school if they were transported to another school; and

(c) any other information prescribed by the superintendent of public instruction.

(2) The county superintendent shall submit the applications to the board of county commissioners for their consideration on or before May 15. The board shall approve or disapprove the application on the basis of the criteria established by the superintendent of public instruction. The board may approve an application because of the existence of other conditions which would result in an unusual hardship to the pupils of the school if they were transported to another school.

(3) When an application is approved, the county superintendent shall submit the application to the superintendent of public instruction before June 1. The superintendent of public instruction shall approve or disapprove the application for isolated classification by the fourth Monday of June on the basis of the information supplied by the application or objective information the superintendent of public instruction may collect on the superintendent's own initiative. An elementary or high school may not be considered an isolated school until the approval of the superintendent of public instruction has been received.
Mont. Code Ann. § 20-9-327 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-327
20-9-327 Quality educator and qualified staff payment
Status: in_force

20-9-327 . Quality educator and qualified staff payment. (1) (a) The state shall provide a quality educator and qualified staff payment as calculated in 20-9-306 to the following educational entities:

(i) public school districts, as defined in 20-6-101 and 20-6-701 ;

(ii) special education cooperatives, as described in 20-7-451 ;

(iii) the Montana school for the deaf and blind, as described in 20-8-101 ;

(iv) correctional facilities, as defined in 41-5-103 ; and

(v) the Montana youth challenge program.

(b) A special education cooperative that has not met the requirements of 20-7-454 may not be funded under the provisions of this section except by approval of the superintendent of public instruction.

(2) (a) The quality educator and qualified staff payment for special education cooperatives must be distributed directly to special education cooperatives by the superintendent of public instruction.

(b) The quality educator and qualified staff payment for the Montana school for the deaf and blind must be distributed to the Montana school for the deaf and blind.

(c) The quality educator and qualified staff payment for Pine Hills correctional facility and the facility under contract with the department of corrections for female, as defined in 1-1-201 , youth must be distributed to those facilities by the department of corrections.

(d) The quality educator and qualified staff payment for the Montana youth challenge program must be distributed to that program by the department of military affairs.

(3) (a) The number of quality educators is the number of full-time equivalent educators, as reported to the superintendent of public instruction for accreditation purposes in the previous school year, each of whom:

(i) holds a valid certificate under the provisions of 20-4-106 and is employed by an educational entity listed in subsection (1) in a position that requires an educator license in accordance with the administrative rules adopted by the board of public education; or

(ii) holds an American Indian language and culture specialist license and is employed by an entity listed in subsection (1) to provide instruction in American Indian language and culture.

(b) The number of qualified staff is the number of full-time equivalent staff, each of whom is employed by:

(i) an educational entity listed in subsection (1) to provide services to students as a licensed professional under 37-8-405 , 37-8-415 , 37-11-301 , 37-15-301 , 37-17-302 , 37-24-301 , 37-25-309 , 37-39-308 , 37-39-309 , or 37-39-311 ;

(ii) an educational entity listed in subsection (1) and has been issued an emergency authorization of employment under 20-4-111 for that entity for no more than 3 school years;

(iii) a public school district, as defined in 20-6-101 and 20-6-701 , as clerk of the district and performs the functions described in 20-3-325 (3);

(iv) an educational entity listed in subsection (1) as an advanced opportunity facilitator; or

(v) an educational entity listed in subsection (1) to provide educational sign language interpreting for deaf and hard-of-hearing students and meets the qualifications for educational sign language interpreting established by the board of public education.
Mont. Code Ann. § 20-9-620 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-620
20-9-620 Definition
Status: in_force

20-9-620 . Definition. (1) As used in 20-9-621 , 20-9-622 , and this section, "distributable revenue" means, except for that portion of revenue described in 20-9-516 (2)(a) and 77-1-109 , 95% of all revenue from the management of school trust lands and the permanent fund, including timber sale proceeds, lease fees, interest, dividends, and net realized capital gains.

(2) The term does not include mineral royalties or land sale proceeds that are deposited directly in the permanent fund or net unrealized capital gains that remain in the permanent fund until realized.
Mont. Code Ann. § 20-11-102 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-102
20-11-102 Community choice schools -- legislative findings and intent
Status: in_force

20-11-102 . Community choice schools -- legislative findings and intent. (1) The legislature finds, pursuant to the authority and duties provided in Article X, section 1(3), of the Montana constitution, that:

(a) parents desire education options for their children;

(b) expanding educational opportunities for K-12 education within the state is a valid public purpose; and

(c) creating options that empower parents, encourage students to develop their full educational potential, provide a variety of professional opportunities for teachers, and encourage educational entrepreneurship is vital to the economic competitiveness of the state.

(2) It is the legislature's intent, pursuant to the authority and duties provided in Article X, section 1(3), of the Montana constitution, to create other public educational programs and institutions through choice schools. The purposes are to:

(a) enable parents to make decisions on how best to educate their children;

(b) provide other public educational opportunities for all students, especially those at risk of academic failure or academic disengagement;

(c) encourage the use of different models of teaching, governing, scheduling, and providing instruction to meet a wide variety of student and community needs; and

(d) advance Montana's commitment to the preservation of American Indian cultural identity, pursuant to Article X, section 1(2), of the Montana constitution, and to eliminate the American Indian achievement gap by encouraging participation in the choice school program by students, parents, and school districts in Indian country.
Mont. Code Ann. § 20-6-312 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-312
20-6-312 County high school unification
Status: in_force

20-6-312 . County high school unification. (1) Any county high school may be unified with the elementary district where the county high school building is located to establish a unified school system under a unified board of trustees. The territory of an existing joint high school district must remain a part of the joint high school district.

(2) A proposition to unify a county high school with the elementary district where the county high school building is located must be introduced whenever:

(a) the trustees of the county high school and the trustees of the elementary district individually pass resolutions requesting the county superintendent to order an election to consider a unification proposition; or

(b) not less than 20% of the electors of the high school district where the county high school is located who are qualified to vote under the provisions of 20-20-301 petition the county superintendent to order an election to consider a unification proposition.

(3) When the county superintendent has received the trustees' resolutions or a valid petition, the county superintendent shall, within 10 days after the receipt of the last resolution or petition and under the provisions of 20-20-201 , order the county high school to call an election to consider a unification proposition. The trustees of the county high school shall call and conduct an election in the manner prescribed in this title for school elections. An elector who may vote on the unification proposition must be qualified to vote under the provisions of 20-20-301 . The ballot for a county high school unification proposition must be substantially in the following form:

"OFFICIAL BALLOT

COUNTY HIGH SCHOOL UNIFICATION ELECTION

Shall.... County High School be unified with District No....., .... County to establish a unified school system under a unified board of trustees?

☐ FOR the unification of the county high school.

☐ AGAINST the unification of the county high school."

(4) When the county superintendent receives the election certificate from the trustees of the county high school, the county superintendent shall issue an order declaring the unification of the county high school with the elementary district identified on the ballot as of the next July 1, if a majority of those electors voting at the election have voted for the unification proposition.

(5) If a majority of those electors voting at the election have voted against the unification proposition, the county superintendent shall order the disapproval of the unification proposition.
Mont. Code Ann. § 20-7-714 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-714
20-7-714 County adult literacy programs -- authorization to levy tax and establish fund
Status: in_force

20-7-714 . County adult literacy programs -- authorization to levy tax and establish fund. (1) (a) Subject to 15-10-420 , the governing body of a county may, in its discretion, establish a fund and levy a tax on the taxable value of all taxable property in the county for the support of county literacy programs that give first priority to providing direct instruction to adults. The tax levy is in addition to all other tax levies and is subject to limitations on property taxes set forth in 15-10-402 .

(b) The fund may be used only for the support of adult literacy programs within the county.

(2) (a) If a county levies a property tax for adult literacy programs, the county governing body shall appoint a county adult literacy board to administer the expenditure of funds from the county adult literacy fund established in subsection (1).

(b) The county adult literacy board shall coordinate all adult literacy programs receiving county adult literacy funds. The board may adopt policies concerning program standards and financial accountability for organizations receiving adult literacy funds. The board may require that adult literacy programs match adult literacy funds with federal, state, or private money. The board may, with the concurrence of the appropriate county officials, arrange for county in-kind services to support adult literacy programs.

(c) County adult literacy funding may be expended only on literacy programs for persons who are 16 years of age or older and who are not regularly enrolled, full-time pupils for the purposes of ANB computation.
Mont. Code Ann. § 20-7-1317 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1317
20-7-1317 Electronic directory photograph repository -- use in search for missing child only -- annual opt-in notice required
Status: in_force

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

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

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

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

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

(a) information about the electronic directory photograph repository;

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

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

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

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

(5) The office of public instruction shall provide continuous access to the repository to designated missing persons clearinghouse staff at the department of justice. Access to the repository must include the necessary authority to upload and download photographs of students who have been reported missing.
Mont. Code Ann. § 20-3-321 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-321
20-3-321 Organization and officers
Status: in_force

20-3-321 . Organization and officers. (1) The trustees of each district shall annually organize as a governing board of the district after the regular school election day and after the issuance of the election certificates to the newly elected trustees, but not later than 25 days after the election. In order to organize, the trustees of the district must be given notice of the time and place where the organization meeting will be held, and at the meeting they shall choose one of their number as the presiding officer. In addition, except for the trustees of a high school district operating a county high school, the trustees shall employ and appoint a competent person, who is not a member of the trustees, as the clerk of the district. The trustees of a high school district operating a county high school shall appoint a secretary, who must be a member of the board.

(2) The presiding officer of the trustees of any district shall serve until the next organization meeting and shall preside at all the meetings of the trustees in accordance with the customary rules of order. The presiding officer shall perform the duties prescribed by this title and any other duties that normally pertain to a presiding officer.

(3) The presiding officer of a board of trustees of an elementary district may be any trustee of the board, including an additional trustee as provided for in 20-3-352 (2). If an additional trustee is chosen to serve as the presiding officer of the board of trustees of an elementary district described in 20-3-351 (1)(a), the additional trustee may not vote on issues pertaining only to the elementary district.
Mont. Code Ann. § 20-5-402 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-402
20-5-402 Definitions
Status: in_force

20-5-402 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Governing authority" means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school.

(3) "Immunization" means induction of a state of resistance to a disease through administration of an immunizing agent.

(4) "Local health department" means a city, city-county, county, or district health department.

(5) "Local health officer" means a city, city-county, county, or district health officer.

(6) "Postsecondary school" means a community college, a unit of the Montana university system, or a private university or college.

(7) "Preschool" means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:

(a) serves no child under 5 years of age for more than 3 hours a day; and

(b) serves no child 5 years of age for more than 6 hours a day.

(8) "School" means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

(a) any combination of kindergarten through grade 12;

(b) a postsecondary school; or

(c) a preschool.
Mont. Code Ann. § 20-26-623 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-623
20-26-623 Montana promise grant program -- student eligibility -- administration
Status: in_force

20-26-623 . Montana promise grant program -- student eligibility -- administration. (1) There is a Montana promise grant program for the purpose of providing grants to students who meet the criteria for certain postsecondary programs pursuant to subsection (2). The program is administered by the board of regents through the office of the commissioner of higher education. The board of regents shall adopt policies for the administration of the program consistent with 20-26-621 through 20-26-623 .

(2) To be eligible for a grant under the program, a student must:

(a) be enrolled at least half-time in a community or tribal college located in the state of Montana or in a 2-year institution of the Montana university system and taking courses that lead to:

(i) the ability to transfer to another postsecondary institution entering as at least a second-year student;

(ii) an associate degree offered by the institution; or

(iii) a professional credential offered by the institution;

(b) have been a resident of Montana for at least 12 months prior to applying for the grant program;

(c) have graduated from high school or received a secondary education equivalency certificate;

(d) have demonstrated academic ability through earning a cumulative grade point average of at least 2.5 in high school or through other measures as determined by the board of regents;

(e) have completed and submitted the free application for federal student aid for the current academic year and accepted all federal and state aid grants available; and

(f) have not completed more than 60 credit hours or the equivalent at a postsecondary institution or earned an associate degree.

(3) A student awarded a grant under the Montana promise grant program may receive a grant for no more than 2 years and is eligible for grants only if the student is making satisfactory progress as determined by the board of regents in courses described in subsection (2)(a), maintaining a cumulative grade point average of at least 2.7, and contributing a minimum of 8 hours of community service each semester.

(4) Montana promise grants must be awarded based on each term for which a student is eligible. The amount of the grant must be the greater of $75 per enrolled credit or the amount of tuition remaining due after any other federal, state, or private aid grants or waivers have reduced the tuition amount.

(5) (a) Except as provided in subsection (5)(b), the total amount in grants awarded under this section may not exceed $2 million in each fiscal year or any lesser amount appropriated by the legislature.

(b) The board of regents may accept donations from private or out-of-state public sources for this program and shall distribute any funding received in accordance with 20-26-621 through 20-26-623 .

(6) If the amount of funding is not sufficient to provide grants to all eligible students, the board of regents may adopt policies for the prioritization of grants based on the following criteria in order:

(a) previous participation in the grant program with students who have previously received grants through the program receiving priority;

(b) financial need;

(c) students in programs for professional credentialing in high-demand labor markets; and

(d) recency of graduation from high school or completion of secondary education equivalency certification, with priority to more recent graduates and completers.
Mont. Code Ann. § 20-9-521 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-521
20-9-521 Terminated
Status: in_force

20-9-521 . Terminated. Sec. 43, Ch. 400, L. 2013.
Mont. Code Ann. § 20-11-116 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-116
20-11-116 Enrollment
Status: in_force

20-11-116 . Enrollment. (1) (a) A community choice school must be open to any student residing in the state.

(b) A school district may not require a student enrolled in the school district to attend a choice school.

(c) A choice school may limit admission to students within a given age group or grade level.

(d) A choice school may be organized for a special emphasis, theme, or concept as stated in the school's proposal.

(e) A choice school shall enroll all students who wish to attend the school unless the number of students exceeds the capacity of a program, class, grade level, or building.

(f) If capacity is insufficient to enroll all students who wish to attend the school, the choice school shall select students through a lottery.

(2) A traditional public school converting to a choice school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school.

(3) (a) A choice school shall give enrollment preference to students who were enrolled in the choice school the previous school year and to siblings of students already enrolled in the choice school. An enrollment preference for returning students and siblings excludes those students from entering a lottery.

(b) A choice school may give enrollment preference to children of a choice school's employees and governing board, limited to no more than 10% of the school's total student population.

(4) This section does not preclude the formation of a community choice school for the purpose of serving students with disabilities, students of the same gender, students who pose a sufficiently severe disciplinary problem to warrant a specific educational program, or students who are at risk of academic failure. If capacity is insufficient to enroll all students who wish to attend a school, the choice school shall select students through a lottery.

(5) If a student who was previously enrolled in a choice school enrolls in any other public school in this state, the student's new school shall accept credits earned by the student in courses or instructional programs at the choice school.

(6) A traditional school district shall provide or publicize to parents and the general public information about choice schools as an enrollment option within the district's physical, geographical boundaries to the same extent and through the same means that the district provides and publicizes information about traditional public schools in the district.

(7) An authorizer may not restrict the number of students a choice school may enroll. The capacity of the choice school must be determined annually by its governing board in conjunction with the authorizer and in consideration of the choice school's ability to facilitate the academic success of its students, to achieve the objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the capacity of its facility or site.

(8) If the choice school is the only public school in a town, the choice school must give preference to enrolling pupils residing in the town or within 5 miles of the school if the next closest public school is more than 10 miles away from the student's residence.
Mont. Code Ann. § 20-31-201 — MT Code / Title 20 / Chapter 31 / Part 2 / Section 20-31-201
20-31-201 Director responsible to board
Status: in_force

20-31-201 . Director responsible to board. The director is responsible to the board for carrying out the provisions of this chapter.
Mont. Code Ann. § 20-9-309 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-309
20-9-309 Basic system of free quality public elementary and secondary schools defined -- identifying educationally relevant factors -- establishment of funding formula and budgetary structure -- legislative review
Status: in_force

20-9-309 . Basic system of free quality public elementary and secondary schools defined -- identifying educationally relevant factors -- establishment of funding formula and budgetary structure -- legislative review. (1) Pursuant to Article X, section 1, of the Montana constitution, the legislature is required to provide a basic system of free quality public elementary and secondary schools throughout the state of Montana that will guarantee equality of educational opportunity to all.

(2) As used in this section, a "basic system of free quality public elementary and secondary schools" means:

(a) the educational program specified by the accreditation standards provided for in 20-7-111 , which represent the minimum standards upon which a basic system of free quality public elementary and secondary schools is built;

(b) educational programs to provide for students with special needs, such as:

(i) a child with a disability, as defined in 20-7-401 ;

(ii) an at-risk student;

(iii) a student with limited English proficiency;

(iv) a child who is qualified for services under 29 U.S.C. 794; and

(v) gifted and talented children, as defined in 20-7-901 ;

(c) educational programs to implement the provisions of Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5, through development of curricula designed to integrate the distinct and unique cultural heritage of American Indians into the curricula, with particular emphasis on Montana Indians;

(d) qualified and effective teachers or administrators and qualified staff to implement the programs in subsections (2)(a) through (2)(c);

(e) facilities and distance learning technologies associated with meeting the accreditation standards;

(f) transportation of students pursuant to Title 20, chapter 10;

(g) a procedure to assess and track student achievement in the programs established pursuant to subsections (2)(a) through (2)(c); and

(h) preservation of local control of schools in each district vested in a board of trustees pursuant to Article X, section 8, of the Montana constitution.

(3) In developing a mechanism to fund the basic system of free quality public elementary and secondary schools and in making adjustments to the funding formula, the legislature shall, at a minimum, consider the following educationally relevant factors:

(a) the number of students in a district;

(b) the needs of isolated schools with low population density;

(c) the needs of urban schools with high population density;

(d) the needs of students with special needs, such as a child with a disability, an at-risk student, a student with limited English proficiency, a child who is qualified for services under 29 U.S.C. 794, and gifted and talented children;

(e) the needs of American Indian students; and

(f) the ability of school districts to attract and retain qualified educators and other personnel.

(4) The legislature shall:

(a) determine the costs of providing the basic system of free quality public elementary and secondary schools;

(b) establish a funding formula that:

(i) is based on the definition of a basic system of free quality public elementary and secondary schools and reflects the costs associated with providing that system as determined in subsection (4)(a);

(ii) allows the legislature to adjust the funding formula based on the educationally relevant factors identified in this section;

(iii) is self-executing and includes a mechanism for annual inflationary adjustments;

(iv) is based on state laws;

(v) is based on federal education laws consistent with Montana's constitution and laws; and

(vi) distributes to school districts in an equitable manner the state's share of the costs of the basic system of free quality public elementary and secondary schools; and

(c) consolidate the budgetary fund structure to create the number and types of funds necessary to provide school districts with the greatest budgetary flexibility while ensuring accountability and efficiency.

(5) At least every 10 years, the legislature shall form the school funding interim commission pursuant to 5-20-301 for the purpose of reassessing the state's school funding formula.
Mont. Code Ann. § 20-15-325 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-325
20-15-325 Emergency budget limitation, preparation, and adoption procedures
Status: in_force

20-15-325 . Emergency budget limitation, preparation, and adoption procedures. (1) The meeting of the trustees of a community college district to consider and adopt an emergency budget must be open to the public, and any taxpayer in the district has the right to appear and be heard. If at the meeting a majority of the trustees present find that an emergency exists, the trustees may make and adopt a preliminary emergency budget, on the regular budget form, setting forth fully the facts constituting the emergency. In adopting the preliminary emergency budget, the trustees may budget for any fund that was included on the final budget of the district for the current fiscal year. The budget must be itemized to show the amount appropriated for each item as required on the budget form.

(2) When the emergency is the result of increased enrollment, the maximum amount of the emergency budget for all funds must be determined by budget amendment.

(3) If another type of emergency occurs, the budget must be limited to the expenditures considered by the trustees to be reasonable and necessary to finance the conditions of the emergency, and the preliminary emergency budget must include the details of the proposed expenditures.

(4) After a majority of the trustees have voted to adopt the emergency budget, it must be signed by the presiding officer of the trustees and the clerk of the district and copies must be sent to the county superintendent and the board of regents.
Mont. Code Ann. § 20-20-109 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-109
20-20-109 Election judges -- qualifications -- training
Status: in_force

20-20-109 . Election judges -- qualifications -- training. (1) (a) Except as provided in subsection (1)(b), election judges must be qualified registered electors of the school district in which they serve.

(b) If a county election administrator agrees to conduct an election pursuant to 20-20-417 , election judges must be qualified registered electors in the county in which they serve.

(2) An election judge may not be:

(a) the candidate;

(b) an ascendant, descendant, brother, or sister of a candidate; or

(c) the spouse of the candidate or of any of the individuals listed in subsection (2)(b).

(3) School election judges must meet the training and certification requirements of 13-4-203 .
Mont. Code Ann. § 20-25-321 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-321
20-25-321 Security department members -- appointment -- campus security officer powers
Status: in_force

20-25-321 . Security department members -- appointment -- campus security officer powers. (1) The regents of the Montana university system may appoint one or more persons to be members of security departments at each unit of the university system. Persons who are qualified under 7-32-303 to be campus security officers and who are employed and compensated by a security department as campus security officers are peace officers and may exercise their authority:

(a) upon the campuses of the Montana university system and, for campus-related activities, an area within 1 mile of the exterior boundaries of each campus;

(b) in or about other grounds or properties owned, operated, controlled, or administered by the regents or any unit of the Montana university system; and

(c) if an agreement is reached under subsection (3), for activities and in areas described in the agreement.

(2) Campus security officers may not serve or execute civil processes.

(3) Any university system security department may seek an agreement with local law enforcement agencies that specifies geographic and subject matter jurisdiction of campus security officers in areas outside the area described in subsections (1)(a) and (1)(b).
Mont. Code Ann. § 20-9-446 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-446
20-9-446 Duty of county attorney to prosecute
Status: in_force

20-9-446 . Duty of county attorney to prosecute. It shall be the duty of the county attorney in each county to commence and prosecute all actions to enforce any liability created by 20-9-444 or 20-9-445 . Such actions shall be tried as civil actions at law.
Mont. Code Ann. § 20-10-146 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-146
20-10-146 County transportation reimbursement
Status: in_force

20-10-146 . County transportation reimbursement. (1) The apportionment of the county transportation reimbursement by the county superintendent for school bus transportation or individual transportation that is actually rendered by a district in accordance with this title, board of public education transportation policy, and the transportation rules of the superintendent of public instruction must be one-third the amount of the state transportation reimbursement payment, except that:

(a) if any cash was used to reduce the budgeted county transportation reimbursement under the provisions of 20-10-144 (2)(b), the annual apportionment is limited to the budget amount;

(b) when the county transportation reimbursement for a school bus has been prorated between two or more counties because the school bus is conveying pupils of more than one district located in the counties, the apportionment of the county transportation reimbursement must be adjusted to pay the amount computed under the proration; and

(c) when county transportation reimbursement is required under the mandatory attendance agreement provisions of 20-5-321 .

(2) The county transportation net levy requirement for the financing of the county transportation fund reimbursements to districts is computed by:

(a) totaling the net requirement for all districts of the county, including reimbursements to a special education cooperative or prorated reimbursements to joint districts or reimbursements under the mandatory attendance agreement provisions of 20-5-321 ;

(b) determining the sum of the money available to reduce the county transportation net levy requirement by adding:

(i) anticipated money that may be realized in the county transportation fund during the ensuing school fiscal year;

(ii) oil and natural gas production taxes;

(iii) coal gross proceeds taxes under 15-23-703 ;

(iv) any fund balance available for reappropriation from the end-of-the-year fund balance in the county transportation fund;

(v) federal forest reserve funds allocated under the provisions of 17-3-213 ; and

(vi) other revenue anticipated that may be realized in the county transportation fund during the ensuing school fiscal year; and

(c) subtracting the money available, as determined in subsection (2)(b), to reduce the levy requirement from the county transportation net levy requirement.

(3) The net levy requirement determined in subsection (2)(c) must be reported to the county commissioners on or before the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values by the county superintendent, and a levy must be set by the county commissioners in accordance with 20-9-142 .

(4) The county superintendent of each county shall submit a report of the revenue amounts used to establish the levy requirements to the superintendent of public instruction on or before September 15. The report must be completed on forms supplied by the superintendent of public instruction.

(5) The county superintendent shall apportion the county transportation reimbursement from the proceeds of the county transportation fund. The county superintendent shall order the county treasurer to make the apportionments in accordance with 20-9-212 (2) and after the receipt of the semiannual state transportation reimbursement payments.
Mont. Code Ann. § 20-7-420 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-420
20-7-420 Residency requirements -- financial responsibility for special education
Status: in_force

20-7-420 . Residency requirements -- financial responsibility for special education. (1) Except for a pupil attending the Montana youth challenge program or a job corps program pursuant to 20-9-707 , a child's district of residence for special education purposes must be determined in accordance with the provisions of 1-1-215 .

(2) The superintendent of public instruction is financially responsible for a portion of tuition and transportation as established under 20-5-323 and 20-5-324 for a child with a disability, as defined in 20-7-401 , who attends school outside the district of residence because the student has been placed in a foster care or group home licensed by the state. The superintendent of public instruction is not financially responsible for tuition and transportation for a child who is placed by a state agency in an out-of-state public school or an out-of-state private residential facility.

(3) A state agency that makes a placement of a child with a disability is responsible for the financial costs of room and board and the treatment of the child. The state agency that makes an out-of-state placement of a child with a disability is responsible for the education fees required to provide a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
Mont. Code Ann. § 20-25-207 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-207
20-25-207 Bureau of government research -- purpose -- funding
Status: in_force

20-25-207 . Bureau of government research -- purpose -- funding. (1) There is a bureau of government research at the university of Montana-Missoula. The purpose of the bureau is to facilitate research and publication in the area of state and local government and to maintain a liaison between political scientists and government officials through the exchange of information.

(2) The bureau of government research may:

(a) receive and administer gifts, donations, and bequests;

(b) contract with individuals, organizations, and governmental agencies for cooperative endeavors; and

(c) apply for and receive grants from public and private agencies.
Mont. Code Ann. § 20-26-202 — MT Code / Title 20 / Chapter 26 / Part 2 / Section 20-26-202
20-26-202 Administrative costs
Status: in_force

20-26-202 . Administrative costs. Administration costs not provided by the federal grant that are attributable to parts 1 and 2 must be negotiated and charged to the individual participants.
Mont. Code Ann. § 20-11-107 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-107
20-11-107 Authorizers
Status: in_force

20-11-107 . Authorizers. (1) The state community choice school commission created under 20-11-106 may authorize choice schools in the state. The commission shall perform the functions of choice school authorizers under this part.

(2) (a) A local school board may apply to the commission for authorizing authority within the boundaries of the traditional school district overseen by the local school board.

(b) If the commission determines that the local school board fulfills the requirements of an authorizer, the commission shall, within 60 days of receipt of a local school board's application, approve the local school board as an authorizer.

(c) On approval, the commission shall register the local school board and shall provide the local school board with a letter confirming its approval as an authorizer.

(3) (a) The commission shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for local school boards to apply for authorizing authority as set forth in this section.

(b) By March 1 of each year, the commission shall make available information and guidelines for local school boards concerning the opportunity to apply for authorizing authority under this part.

(c) Each interested local school board shall submit an application that clearly explains or presents the following elements in a format to be established by the commission:

(i) written notification of intent to serve as a choice school authorizer in accordance with this part;

(ii) an explanation of the local school board's strategic vision for authorizing;

(iii) a plan supporting the local school board's strategic vision and an explanation of the local school board's budget and personnel capacity and commitment to execute the duties of choice school authorizing in accordance with this part;

(iv) a draft or preliminary outline of a request for proposal that will solicit choice school applicants in accordance with 20-11-111 ;

(v) a description or outline of the performance framework the local school board will use to guide the establishment of a charter contract and for ongoing oversight and evaluation of choice schools consistent with the requirements of this part;

(vi) a draft of the local school board's renewal, revocation, nonrenewal, and school closure processes consistent with 20-11-117 and 20-11-118 ;

(vii) a statement of assurance that the local school board commits to serving as a choice school authorizer in fulfillment of the expectations, spirit, and intent of this part and will fully participate in any authorizer training provided or required by the commission; and

(viii) a statement of assurance that the local school board will be accountable and transparent in all matters concerning authorizing practices, decisions, and expenditures.

(4) (a) Within 60 days of receipt of the application, the commission shall determine whether to approve an application based on a review of the documentation provided in subsection (3) and the quality of the application. The commission shall provide a letter to the local school board either confirming or denying acceptance as an authorizer.

(b) Within 30 days of approval of an application for choice school authorizing, the commission and the approved authorizer shall execute a renewable authorizing contract. The initial authorizing contract term is 6 years.

(5) A local school board may not engage in authorizing functions without a fully executed authorizing contract.

(6) When approved by the commission, the local school board continues as an authorizer from year to year during the term of the contract as long as the local school board fulfills all authorizing duties and expectations set forth in this part and remains an authorizer in good standing with the commission.
Mont. Code Ann. § 20-20-313 — MT Code / Title 20 / Chapter 20 / Part 3 / Section 20-20-313
20-20-313 Delivery and charge for lists of registered electors
Status: in_force

20-20-313 . Delivery and charge for lists of registered electors. Before the day of the election, the election administrator shall deliver a certified copy of the lists of registered electors for each polling place to the district. The district shall deliver them to the election judges prior to the opening of the polls. The district shall reimburse the county for the actual costs of preparing the lists of registered electors.
Mont. Code Ann. § 20-6-502 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-502
20-6-502 Opening or reopening of elementary school
Status: in_force

20-6-502 . Opening or reopening of elementary school. The trustees of any elementary district may open or reopen an elementary school of the district when the opening or reopening has been approved in accordance with the following procedure:

(1) The parents of at least two pupils who would attend the opened or reopened school petition the trustees of the district to open or reopen a school. The petition must identify the school, state the reasons for requesting the opening or reopening, and give the names of the children who would attend the school.

(2) If the trustees approve the opening or reopening of a school, they shall send the petition with a copy of their approval resolution to the county superintendent. The county superintendent shall review the petition to determine if the average number belonging (ANB) of the school would be two or more. If the trustees plan to open or reopen the school during the current school fiscal year, the trustees shall include the proposed opening date in the approval resolution and shall request that the process outlined in this section be expedited.

(3) The county superintendent shall present the petition, the trustees' approval, and the county superintendent's findings on the probable ANB to the board of county commissioners for their consideration. The board shall deny the opening or reopening of any school if the county superintendent's enrollment estimate for the school is less than two ANB. In all other cases, the board may approve or disapprove the requested opening or reopening of the elementary school.

(4) (a) If the board approves a school opening or reopening, the county superintendent shall send a copy of the approval, along with the petition, the trustees' approval, and the county superintendent's estimate of the probable ANB, to the superintendent of public instruction. Except under the circumstances described in subsection (4)(b), the trustees shall apply to the superintendent of public instruction for approval to open or reopen the school by June 1 prior to the beginning of the school year in which they intend to open or reopen the elementary school. The superintendent of public instruction shall approve or disapprove the requested opening or reopening of the elementary school by the fourth Monday of June. If the opening or reopening is approved, the superintendent of public instruction shall approve or adjust the ANB estimate of the county superintendent for the school and the ANB amount must be used for budgeting and BASE funding program purposes during the ensuing school fiscal year. An ANB amount may not be approved for the ensuing school fiscal year for an opening or reopening school when the request for the school has not been received by the superintendent of public instruction by June 1.

(b) (i) If the opening or reopening is approved and the trustees want to open or reopen the school during the current school fiscal year, the trustees shall submit a budget request to the superintendent of public instruction for that portion of the fiscal year in which the school will be in operation prior to the ensuing school fiscal year. The superintendent of public instruction shall approve or adjust the budget request and shall fund the budget for the portion of the school year in which the school will be in operation.

(ii) Before a school may open or reopen during the current school fiscal year, the school must be classified as an isolated school in accordance with the provisions of 20-9-302 , except that the dates in that section for the submission and approval of the application for classification do not apply and the application must be made at the same time that the application for opening or reopening the school is made.
Mont. Code Ann. § 20-9-165 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-165
20-9-165 Budget amendment limitation, preparation, and adoption procedures
Status: in_force

20-9-165 . Budget amendment limitation, preparation, and adoption procedures. (1) The meeting of the trustees to consider and adopt a budget amendment must be open to the public, and any taxpayer in the district has the right to appear and be heard. If at the meeting a majority of the trustees present find that there is sufficient need for a budget amendment, the trustees may make and adopt a final budget amendment, setting forth fully the facts constituting the need for the budget amendment. In adopting the final budget amendment, the trustees may budget for any fund that was included on the final budget of the district for the current school fiscal year. The budget must be itemized to show the amount appropriated for each item.

(2) When the budget amendment is the result of increased enrollment, the maximum amount of the budget amendment for all funds must be determined in the following manner:

(a) determine the total amount in the final budget for the current school fiscal year of all funds affected by the enrollment increase, less any amounts appropriated as capital outlay and any amount appropriated for addition to the operating reserve;

(b) divide the amount determined in subsection (2)(a) by the number of pupils originally enrolled in the district during the immediately preceding school fiscal year. The resulting cost per pupil is the maximum permissible per-pupil expenditure in the budget amendment.

(c) determine the enrollment increase of the current school fiscal year by subtracting the number of pupils originally enrolled during the immediately preceding school fiscal year from the number of pupils enrolled for the current school year. The result is the enrollment increase for the current school fiscal year.

(d) multiply the cost per pupil determined in subsection (2)(b) by the enrollment increase determined in subsection (2)(c). The result is the maximum limitation on a budget amendment for amendments resulting from increased enrollment.

(3) For other types of budget amendments, the budget amendment is limited to the expenditures considered by the trustees to be reasonable and necessary to finance the conditions of the budget amendment and the final budget amendment must include the details of the proposed expenditures.

(4) Whenever the trustees adopt a budget amendment for the transportation fund, the trustees shall attach to the budget amendment a copy of each transportation contract that is connected with the budget amendment and that has been prepared and executed in accordance with the school transportation contract laws.

(5) After the trustees have adopted the budget amendment by a majority vote of the trustees, it must be signed by the presiding officer of the trustees and the clerk of the district and copies must be sent to the county superintendent and the superintendent of public instruction.
Mont. Code Ann. § 20-15-105 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-105
20-15-105 Courses of instruction -- tuition and fees
Status: in_force

20-15-105 . Courses of instruction -- tuition and fees. (1) A community college district shall provide instruction in transfer, career and technical, and adult postsecondary education, subject to the approval of the board of regents of higher education. The board of trustees of a community college district may, in its discretion and upon approval of the board of regents, prescribe:

(a) tuition rates for in-district students, out-of-district students who are residents of the state of Montana, and students who are not residents of the state of Montana;

(b) matriculation charges; and

(c) incidental fees, including building fees, for students in the community college.

(2) The board of trustees of a community college district may prescribe other fees it considers necessary to maintain courses, taking into consideration other funds available under law for the support of courses.
Mont. Code Ann. § 20-7-1804 — MT Code / Title 20 / Chapter 7 / Part 18 / Section 20-7-1804
20-7-1804 Early targeted interventions -- funding -- reporting
Status: in_force

20-7-1804 . Early targeted interventions -- funding -- reporting. (1) An eligible child participating in a classroom-based program pursuant to 20-7-1803 (5) must be included in enrollment counts for the purpose of ANB calculations in the manner described in 20-9-311 .

(2) The superintendent of public instruction shall pay for the costs for an eligible child participating in a home-based program pursuant to 20-7-1803 (6) from funds appropriated for this purpose. The cost for each child may not exceed $1,000 a year. If the annual appropriation for this program is not sufficient to fully fund all eligible children participating in the home-based program, the superintendent shall limit participation on a first-come, first-served basis.

(3) An eligible child participating in a jumpstart program pursuant to 20-7-1803 (7) must be counted as quarter-time enrollment by the school district providing the jumpstart program to the child for the purpose of ANB calculations pursuant to 20-9-311 . An eligible child participating in a jumpstart program provided by a district other than the child's resident school district does not require an out-of-district attendance agreement and is not subject to the tuition laws under 20-5-320 through 20-5-324 .

(4) Trustees offering an early targeted intervention shall closely monitor the program and report annually to the superintendent of public instruction on the efficacy of the program no later than July 15. The superintendent shall collaborate with trustees in maximizing the efficiency of fulfilling this reporting requirement. The report must include anonymized information on student progress, including the student's performance on:

(a) the evaluation methodology that led to eligibility for the program;

(b) any formative assessments administered;

(c) if administered, the evaluation methodology at the end of the school year in which intervention was provided; and

(d) any statewide reading and math assessments administered in grades 4 through 6.

(5) Pursuant to 20-7-104 , the superintendent of public instruction shall monitor early targeted interventions and gather data to evaluate the efficacy of the interventions while protecting the privacy rights of students and families. The superintendent shall report, in accordance with 5-11-210 , to the education interim committee and the education interim budget committee no later than September 1 annually. The report must contain a comparison analysis by intervention type, including no intervention, and must include:

(a) the number of participating and nonparticipating children and districts;

(b) longitudinal data displaying the proficiency level of participating and nonparticipating children at each grade level following participation in an intervention;

(c) at a time when the data is available, long-term outcome data for participants and nonparticipants, including but not limited to:

(i) assessment data in 8th grade and high school;

(ii) high school graduation rates; and

(iii) postsecondary participation rates; and

(d) a list of schools offering one or more targeted interventions and a list of the matched comparable nonparticipating schools that on the most recent 4th grade statewide reading and math assessments:

(i) had 75% or more of its students score at proficient or above; or

(ii) improved the percentage of students scoring at proficient or above by 10 or more percentage points.
Mont. Code Ann. § 20-9-365 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-365
20-9-365 Adjustments to guaranteed tax base multipliers and calculations to mitigate impacts of reappraisal on property tax relief
Status: in_force

20-9-365 . (Temporary) Adjustments to guaranteed tax base multipliers and calculations to mitigate impacts of reappraisal on property tax relief. (1) The department of revenue and the office of public instruction shall annually collaborate and jointly assess how reappraisal affects, on a statewide basis, the portions of funding between guaranteed tax base aid and local property tax responsibilities for the general fund BASE budgets of school districts and the countywide school retirement funds budgets of counties.

(2) After completing the analysis under subsection (1) and by the May 1 deadline for finalizing guaranteed tax base aid ratios under 20-9-369 , the office of public instruction shall annually adjust the guaranteed tax base multipliers and calculations outlined in 20-9-366 through 20-9-368 to prevent any statewide increase in property taxes due to the combined effects of reappraisal and the standard guaranteed tax base aid formulas for the general fund BASE budgets of school districts and the countywide school retirement funds budgets of counties.
Mont. Code Ann. § 20-25-236 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-236
20-25-236 Report to legislature
Status: in_force

20-25-236 . Report to legislature. The Montana agricultural experiment station and the cooperative extension service may, as provided in 5-11-210 , report to the legislature regarding the expenditures, activities, and outcomes of the program provided for in 20-25-233 through 20-25-236 .
Mont. Code Ann. § 20-25-702 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-702
20-25-702 Montana work-study program
Status: in_force

20-25-702 . Montana work-study program. The Montana work-study program is hereby established to be administered by the board of regents of higher education as provided by this part.
Mont. Code Ann. § 20-25-503 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-503
20-25-503 Presumptions and rules as to domicile
Status: in_force

20-25-503 . Presumptions and rules as to domicile. (1) Unless the contrary appears to the unit registering authority, it is presumed the domicile of a minor is that:

(a) of the parents or, if one of them is deceased or they do not share the same domicile, of the parent having legal custody or, if neither parent has legal custody, the parent with whom the minor customarily resides; or

(b) of the minor's guardian when the court appointing the guardian certifies that the primary purpose of the appointment is not to qualify the minor as a resident of this state.

(2) A resident student who marries a nonresident does not by that fact alone lose resident status for tuition and fee purposes for a period of 4 years after marriage.

(3) Residence is not lost because of relocation as a member of the armed forces of the United States.

(4) A new domicile is established by a qualified person if the person is physically present in Montana with no intention to acquire a domicile outside of Montana.

(5) Domicile is not lost by absence from Montana with no intention to establish a new domicile.

(6) Montana high school graduates who are citizens or resident aliens of the United States are resident students of the system for 4 consecutive years of attendance if:

(a) they apply for admittance to the system within 1 year after graduation; and

(b) their parents or the parent having legal custody or, if neither parent has legal custody, the parent with whom they customarily reside has resided in Montana in one of the 2 years immediately preceding the graduation.

(7) Upon moving to Montana, an adult employed on a full-time basis within the state of Montana may apply for in-state tuition classification for the adult's spouse or any dependent minor child, or both. If the person meets the requirement of full-time employment within the state of Montana and files for the payment of Montana state income taxes or files estimates of those taxes or is subject to withholding of those taxes and renounces residency in any other state and is not in the state primarily as a student, the person's spouse or any dependent minor child, or both, may at the next registration after qualifying be classified at the in-state rate so long as the person continues a Montana domicile. In the administration of this subsection, neither the full-time employee or spouse is eligible for in-state tuition classification if the primary purpose for coming to Montana was the education of the employee or spouse.

(8) A member of the Montana national guard as defined in 10-1-101 is presumed to be domiciled in the state for purposes of qualifying for in-state tuition classification for a postsecondary certificate or undergraduate, postgraduate, or professional degree program.
Mont. Code Ann. § 20-9-324 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-324
20-9-324 Incentives for educational entities meeting legislative goal for competitive base pay of teachers -- definitions
Status: in_force

20-9-324 . Incentives for educational entities meeting legislative goal for competitive base pay of teachers -- definitions. (1) An educational entity eligible for a quality educator and qualified staff payment under 20-9-327 must receive an enhanced quality educator and qualified staff payment for all quality educators and qualified staff, calculated as provided in 20-9-306 , if it meets the legislative goal for competitive base pay of teachers in subsection (2).

(2) The legislative goal for competitive base pay of teachers is a teacher base pay in an educational entity that in the applicable year:

(a) is equal to at least 11 times the quality educator and qualified staff payment amount provided in 20-9-306 ; and

(b) is not less than the following percentages of the teacher average pay in the prior fiscal year in the educational entity:

(i) in fiscal year 2026, not less than 62%;

(ii) in fiscal year 2027, not less than 64%;

(iii) in fiscal year 2028, not less than 66%;

(iv) in fiscal year 2029, not less than 68%; and

(v) in fiscal year 2030 and succeeding fiscal years, not less than 70%.

(3) An educational entity seeking an incentive for the subsequent school fiscal year under this section shall, by December 1, provide the data necessary, as determined by the superintendent of public instruction, to verify

that the educational entity has met the legislative goal established in subsection (2) for the current year.

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

(a) "Educational entity" means:

(i) public school districts, as defined in 20-6-101 and 20-6-701 ;

(ii) special education cooperatives, as described in 20-7-451 ;

(iii) the Montana school for the deaf and blind, as described in 20-8-101 ;

(iv) correctional facilities, as defined in 41-5-103 ; and

(v) the Montana youth challenge program.

(b) "Full-time equivalent teacher" means a teacher who is contracted for employment for the entire academic year, fulfilling professional responsibilities throughout all periods of the day when the educational entity offers instruction. This includes time spent preparing for classes, delivering instruction, mentoring others, and performing other duties set forth in the teacher's job description or individual contract or in the collective bargaining agreement governing the teacher's employment.

(c) "Teacher" means an individual who:

(i) holds a current class 1, 2, 4, 5, 6, or 7 license issued by the office of public instruction under rules adopted by the board of public education pursuant to 20-4-102 ; and

(ii) is employed by an educational entity in an instructional position requiring teacher licensure.

(d) "Teacher average pay" means the total compensation paid by an educational entity to all of its teachers, not including bonuses, stipends, or extended duty contracts, divided by the total full-time equivalent teachers employed by the entity.

(e) "Teacher base pay" means the lowest salary for a full-time equivalent beginning teacher for the current year as incorporated in the educational entity's collective bargaining agreement or a memorandum of understanding executed between the entity and the applicable union if the teachers' employment is covered by a collective bargaining agreement pursuant to Title 39, chapter 31, or incorporated in the entity's policy if the teachers' employment is not covered by a collective bargaining agreement, not including bonuses, stipends, or extended duty contracts.
Mont. Code Ann. § 20-3-356 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-356
20-3-356 Membership of elected trustees of county high school district and nomination of candidates
Status: in_force

20-3-356 . Membership of elected trustees of county high school district and nomination of candidates. (1) The trustees of a county high school district must include the following:

(a) four trustee positions filled by members residing in the elementary district where the county high school building is located; and

(b) three trustee positions filled by members one of whom resides in each of the three trustee nominating districts in the territory of the high school district outside of the elementary district where the county high school building is located. The county superintendent shall establish the nominating districts, and, unless it is impossible, the districts must have coterminous boundaries with elementary district boundaries.

(2) The provisions of 20-3-305 govern the nomination of candidates for the trustee election prescribed in this section.
Mont. Code Ann. § 20-9-426 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-426
20-9-426 Preparation and form of ballots for bond election
Status: in_force

20-9-426 . Preparation and form of ballots for bond election. (1) The school district shall cause ballots to be prepared for all bond elections.

(2) All ballots must be substantially in the following form:

OFFICIAL BALLOT

SCHOOL DISTRICT BOND ELECTION

INSTRUCTIONS TO VOTERS: Make an X or similar mark in the vacant square before the words "BONDS--YES" if you wish to vote for the bond issue; if you are opposed to the bond issue, make an X or similar mark in the square before the words "BONDS--NO".

Shall the board of trustees be authorized to issue and sell (state type of bonds here: general obligation, oil and natural gas revenue, oil and natural gas revenue for which a tax deficiency is pledged, or impact aid revenue) bonds of this school district in the amount of............ dollars ($..........), payable semiannually, during a period not more than...... years, for the purpose............................. (here state the purpose the same way as in the notice of election)?

If this bond is passed, based on the taxable value of the school district, the property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $.......... in the first year, of $300,000 would increase by $.......... in the first year, and of $600,000 would increase by $.......... in the first year. An increase in property taxes may lead to an increase in rental costs.

☐ BONDS -- YES.

☐ BONDS -- NO.

(3) The school district conducting the bond election may replace the estimate of the impact of the election on a home valued at $600,000 with an estimate of the impact of the election on a home of a different value.
Mont. Code Ann. § 20-7-301 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-301
20-7-301 Duties of superintendent of public instruction
Status: in_force

20-7-301 . Duties of superintendent of public instruction. The superintendent of public instruction is the governing agent and executive officer of the state of Montana for K-12 career and vocational/technical education. The superintendent of public instruction shall adopt and administer policies to effect the orderly development of a system of K-12 career and vocational/technical education that is adaptable to changing needs, controlled to prevent unnecessary duplication, coordinated with federal guidelines and requirements for K-12 career and vocational/technical education, and funded to ensure growth and quality programming. In order to accomplish the orderly development of a system of K-12 career and vocational/technical education, the policies adopted by the superintendent of public instruction must include:

(1) a state plan for development of the system;

(2) standards for K-12 career and vocational/technical education courses and programs;

(3) a review process for the establishment and deletion of programs;

(4) instructor qualifications for K-12 career and vocational/technical education courses and programs;

(5) criteria for approval of K-12 career and vocational/technical education courses and programs;

(6) a basis for apportionment of all money appropriated by the legislature for K-12 career and vocational/technical education in accordance with the intent of the legislature as reflected in the terms of the appropriation;

(7) a basis for apportionment of all money received by the state of Montana for K-12 career and vocational/technical education from the federal government in accordance with the acts of congress;

(8) a system of evaluation of K-12 career and vocational/technical education that allows for consideration of the current and projected workforce needs and job opportunities; and

(9) any other policy that is consistent with public law and that is necessary for the proper operation of a system of K-12 career and vocational/technical education.
Mont. Code Ann. § 20-5-102 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-102
20-5-102 Compulsory enrollment and excuses
Status: in_force

20-5-102 . Compulsory enrollment and excuses. (1) Except as provided in subsection (2), any 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 cause the child to be instructed in the program prescribed by the board of public education pursuant to 20-7-111 until the later of the following dates:

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

(b) the date of completion of the work of the 8th grade.

(2) A parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when the parent, guardian, or person establishes residence in the district unless the child is:

(a) enrolled in a school of another district or state under any of the tuition provisions of this title;

(b) provided with supervised correspondence study or supervised home study under the transportation provisions of this title;

(c) excused from compulsory school attendance upon a determination by a district judge that attendance is not in the best interest of the child;

(d) excused by the board of trustees upon a determination that attendance by a child who has attained the age of 16 is not in the best interest of the child and the school; or

(e) enrolled in a nonpublic or home school that complies with the provisions of 20-5-109 . For the purposes of this subsection (2)(e), a home school is the instruction by a parent of the parent's child, stepchild, or ward in the parent's residence and a nonpublic school includes a parochial, church, religious, or private school. A child enrolled in a nonpublic or home school may enroll on a part-time basis in a public school.
Mont. Code Ann. § 20-3-207 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-207
20-3-207 Assist trustees with school supervision
Status: in_force

20-3-207 . Assist trustees with school supervision. The county superintendent shall assist the trustees of any district that does not employ a district superintendent or principal with the supervision of their schools by:

(1) visiting each school of the district at least once a school year while pupil instruction is being conducted to observe the instructional methods, ability of the teacher, progress and discipline of the pupils, and the general conditions of the school;

(2) special visits to the schools on request of the trustees;

(3) advising and directing teachers on instruction, pupil discipline, and other duties of the teacher;

(4) consulting with the trustees on all school matters that may be found during the observation of the school or may otherwise come to the attention of the county superintendent.
Mont. Code Ann. § 20-15-404 — MT Code / Title 20 / Chapter 15 / Part 4 / Section 20-15-404
20-15-404 Trustees to adhere to certain other laws
Status: in_force

20-15-404 . Trustees to adhere to certain other laws. Unless the context clearly indicates otherwise, the trustees of a community college district shall adhere to:

(1) the teachers' retirement provisions of Title 19, chapter 20;

(2) the provisions of 20-1-201 , 20-1-205 , 20-1-211 , and 20-1-212 ;

(3) the school property provisions of 20-6-604 , 20-6-605 , 20-6-621 , 20-6-622 , 20-6-624 , 20-6-631 , and 20-6-633 through 20-6-636 ;

(4) the adult education provisions of Title 20, chapter 7, part 7;

(5) the administration of finances provisions of 20-9-115 , 20-9-134 , 20-9-207 , 20-9-208 , 20-9-210 , 20-9-215 , 20-9-221 , 20-9-223 , and 20-9-512 ;

(6) the school bond provisions of 20-9-401 through 20-9-408 , 20-9-410 through 20-9-412 , 20-9-421 through 20-9-446 , 20-9-461 , 20-9-464 , and 20-9-465 ;

(7) the special purpose funds provisions of 20-9-502 , 20-9-503 , 20-9-507 , 20-9-508 , and 20-9-511 ;

(8) the educational cooperative agreements provisions of 20-9-701 through 20-9-704 ;

(9) the school elections provisions of Title 20, chapter 20;

(10) the students' rights provisions of 20-25-511 through 20-25-516 ; and

(11) the health provisions of 50-1-206 .
Mont. Code Ann. § 20-25-516 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-516
20-25-516 Academic records to be kept separate -- student's right to examine records
Status: in_force

20-25-516 . Academic records to be kept separate -- student's right to examine records. (1) Academic records must be kept separate from disciplinary and all other records. Academic transcripts may contain only information of an academic nature.

(2) A student has the right to examine all written summaries, descriptions, statements, or reports of an academic or disciplinary nature that may have been compiled upon the student.
Mont. Code Ann. § 20-9-367 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-367
20-9-367 Eligibility to receive guaranteed tax base aid or state debt service assistance for school facilities
Status: in_force

20-9-367 . (Temporary) Eligibility to receive guaranteed tax base aid or state debt service assistance for school facilities. (1) If the district guaranteed tax base ratio of an elementary or high school district is less than the corresponding statewide elementary or high school guaranteed tax base ratio, the district may receive guaranteed tax base aid based on the number of mills levied in the district in support of the district's GTBA budget area.

(2) If the county retirement mill value per elementary ANB or the county retirement mill value per high school ANB is less than the corresponding statewide mill value per elementary ANB or high school ANB, the county may receive guaranteed tax base aid based on the number of mills levied in the county in support of the retirement fund budgets of the respective elementary or high school districts in the county.

(3) For the purposes of 20-9-370 and 20-9-371 , if the district mill value per elementary ANB or the district mill value per high school ANB is less than the corresponding statewide mill value per elementary ANB or statewide mill value per high school ANB, the district may receive debt service assistance in the form of a state advance or reimbursement for school facilities in support of the debt service fund. (Terminates June 30, 2026--sec. 23, Ch. 658, L. 2025.)
Mont. Code Ann. § 20-9-223 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-223
20-9-223 Cancellation of outstanding warrants -- duplication
Status: in_force

20-9-223 . Cancellation of outstanding warrants -- duplication. The trustees of any school district shall be authorized to cancel any warrant that has been issued for at least 1 year. However, the contractual obligation of the district that has been satisfied by the issuance of the warrant shall not be terminated until the time specified by 27-2-202 (1) has elapsed. When a warrant has been canceled and the obligation has not terminated under 27-2-202 (1), the district may issue a duplicate warrant without the completion of an indemnity bond by the payee.
Mont. Code Ann. § 20-25-902 — MT Code / Title 20 / Chapter 25 / Part 9 / Section 20-25-902
20-25-902 Board -- powers and duties
Status: in_force

20-25-902 . Board -- powers and duties. (1) The board shall:

(a) administer, manage, promote, and market the program;

(b) seek rulings and other guidance relating to the program from the United States department of the treasury and the internal revenue service;

(c) administer the program in compliance with section 529 of the Internal Revenue Code, 26 U.S.C. 529, as amended;

(d) at the board's discretion, charge, impose, and collect administrative fees and service charges pursuant to any agreement, contract, or transaction relating to the program;

(e) if the board determines that contracting for program management will benefit the program, select the financial institution or institutions to act as the program manager pursuant to 15-62-203 ;

(f) retain professional services, if necessary, including services of accountants, auditors, consultants, and other experts;

(g) adopt policies for the establishment of a maximum total balance that may be held in accounts for a designated beneficiary and for providing adequate safeguards to prevent excess contributions in accordance with section 529 of the Internal Revenue Code, 26 U.S.C. 529, as amended;

(h) adopt procedures as necessary to implement Title 15, chapter 62, including applications for participation in the program;

(i) serve as trustee of the family education savings trust established in 15-62-301 ;

(j) enter into participation agreements with account owners; and

(k) maintain the program on behalf of the state as required by section 529 of the Internal Revenue Code, 26 U.S.C. 529.

(2) The definitions in 15-62-103 apply to this section.
Mont. Code Ann. § 20-6-601 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-601
20-6-601 Power to accept gifts
Status: in_force

20-6-601 . Power to accept gifts. All school districts are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of property, real or personal, and the right to own, hold, work, and improve the same.
Mont. Code Ann. § 20-7-604 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-604
20-7-604 Licensing textbook dealers
Status: in_force

20-7-604 . Licensing textbook dealers. (1) Textbook dealers must be licensed to sell textbooks by the superintendent of public instruction. To obtain a license, a textbook dealer shall first file with the superintendent of public instruction the dealer's written agreement to:

(a) guarantee that textbooks must be supplied to any district at the listed, uniform sales prices in effect for schools, except that the prices may be reduced in accordance with this section;

(b) guarantee that at no time will any textbook sale price in Montana be a larger amount than the sale price to schools anywhere else in the United States under similar conditions of transportation and marketing; and

(c) reduce automatically the listed, uniform sales price to schools whenever reductions of these prices are made anywhere in the United States.

(2) (a) Textbook dealers filing the written agreement with the superintendent of public instruction shall also file a surety bond with the secretary of state. The surety bond must run to the state of Montana and be conditioned on the faithful performance of all duties imposed upon textbook dealers for the purpose of regulating the supply of textbooks to districts. The amount of the surety bond must be set by the superintendent of public instruction and may not be less than $2,000 or more than $10,000. It is the responsibility of the textbook dealer to maintain the surety bond on a current basis.

(b) The secretary of state may charge a fee for the filing of the surety bond required under this section. The fee must be set by rule and deposited in accordance with 2-15-405 .

(3) When the textbook dealer has complied with the written agreement and surety bond requirements for licensing, the superintendent of public instruction shall issue a license to the textbook dealer.
Mont. Code Ann. § 20-7-1335 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1335
20-7-1335 School marshal program -- qualifications
Status: in_force

20-7-1335 . School marshal program -- qualifications. (1) The board of trustees may appoint an independent contractor or a school district employee to be certified as a school marshal. The appointed employee must be a full-time employee of the district.

(2) A school marshal may be:

(a) employed full-time as a school marshal; or

(b) retained on a full-time or part-time basis and may have other assigned duties in the discretion of the board of trustees.

(3) To be eligible to serve as a school marshal, the independent contractor or school district employee must:

(a) have a permit to carry a concealed weapon pursuant to 45-8-321 ;

(b) meet the qualifications required for peace officers pursuant to 7-32-303 ; and

(c) be an active or retired peace officer as defined in 46-1-202 .

(4) If an applicant for a school marshal position is an active or retired public safety officer from another state, the applicant must be certified by the Montana public safety officer standards and training council.

(5) For the purposes of 20-7-1335 through 20-7-1338 , the following definitions apply:

(a) "Montana public safety officer standards and training council" means the council established in 2-15-2029 .

(b) "Public school property" has the meaning provided in 20-1-220 .

(c) "School marshal" means a person who is appointed by the board of trustees and employed or retained by a school district to protect the health and safety of persons and to maintain order on public school property.
Mont. Code Ann. § 20-25-1002 — MT Code / Title 20 / Chapter 25 / Part 10 / Section 20-25-1002
20-25-1002 State motorcycle safety account -- proceeds earmarked for account
Status: in_force

20-25-1002 . State motorcycle safety account -- proceeds earmarked for account. (1) There is a state motorcycle safety account in the treasury of the state of Montana.

(2) Money collected and accrued from motorcycle safety training courses, motorcycle endorsement fees, motorcycle safety fees, and designated grants or an amount equal to that amount must be deposited in the state motorcycle safety account and must be available to support only approved motorcycle safety training courses, appropriate instructor of motorcycle safety training, and other related motorcycle safety training activities.
Mont. Code Ann. § 20-20-418 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-418
20-20-418 Tie votes
Status: in_force

20-20-418 . Tie votes. If a tie vote occurs among the candidates for a school trustee position, the trustees shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
Mont. Code Ann. § 20-4-502 — MT Code / Title 20 / Chapter 4 / Part 5 / Section 20-4-502
20-4-502 Definitions
Status: in_force

20-4-502 . Definitions. For the purposes of this part, unless the context requires otherwise, the following definitions apply:

(1) "Education cooperative" means a cooperative of Montana public schools as described in 20-7-451 .

(2) "Educational loans" means all loans made pursuant to a federal loan program, except federal parent loans for undergraduate students (PLUS) loans, as provided in 20 U.S.C. 1078-2.

(3) "Federal loan program" means educational loans authorized by 20 U.S.C. 1071, et seq., 20 U.S.C. 1087a, et seq., and 20 U.S.C. 1087aa, et seq.

(4) "Impacted school" means:

(a) a special education cooperative;

(b) the Montana school for the deaf and blind, as described in 20-8-101 ;

(c) the Montana youth challenge program, as established in 10-1-1401 ;

(d) a correctional facility, as defined in 41-5-103 ;

(e) a public school located on an Indian reservation; and

(f) a public school that, driving at a reasonable speed for the road surface, is located more than 20 minutes from a Montana city with a population greater than 15,000 based on the most recent federal decennial census.

(5) (a) "Quality educator" means a full-time equivalent educator, as reported to the superintendent of public instruction for accreditation purposes in the current school year, who:

(i) holds a valid certificate under the provisions of 20-4-106 and is employed by an entity listed in subsection (5)(b) in a position that requires an educator license in accordance with administrative rules adopted by the board of public education;

(ii) is a licensed professional under 37-8-405 , 37-8-415 , 37-11-301 , 37-15-301 , 37-17-302 , 37-24-301 , 37-25-309 , 37-39-308 , 37-39-309 , or 37-39-311 and is employed by an entity listed in subsection (5)(b) to provide services to students; or

(iii) is employed by an entity listed in subsection (5)(b) to provide educational sign language interpreting for deaf and hard-of-hearing students and who meets the qualifications for educational sign language interpreting established by the board of public education.

(b) For the purposes of subsection (5)(a), "an entity" means:

(i) a school district;

(ii) an education cooperative;

(iii) the Montana school for the deaf and blind, as described in 20-8-101 ;

(iv) the Montana youth challenge program; and

(v) a correctional facility, as defined in 41-5-103 .

(6) "School district" means a public school district, as provided in 20-6-101 and 20-6-701 .
Mont. Code Ann. § 20-25-803 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-803
20-25-803 Authority of western interstate commission for higher education to make agreements for placement of students
Status: in_force

20-25-803 . Authority of western interstate commission for higher education to make agreements for placement of students. The western interstate commission for higher education is authorized to act on behalf of this state in making arrangements for the placement of students in institutions and programs of higher learning outside the states which are parties to the compact for establishing the commission. For that purpose, the commission may negotiate and enter into arrangements and contracts with this state or any appropriate agency thereof, with public and private educational institutions and agencies, and with states and other governmental entities. Such arrangements and contracts may provide for the obtaining of one or more places for students on either a special or continuing basis, the payment of partial or full tuition and other charges, and the furnishing of reciprocal, compensating, or other advantages and benefits in support of the educational program involved.
Mont. Code Ann. § 20-15-402 — MT Code / Title 20 / Chapter 15 / Part 4 / Section 20-15-402
20-15-402 Precedence of community college chapter
Status: in_force

20-15-402 . Precedence of community college chapter. Unless specifically identified in any other sections of the school laws prescribed in this title, community college districts are governed by the provisions of this chapter. Should there be a conflict between other requirements of this title and the provisions of this chapter regulating community college districts, the provisions of this chapter shall govern.
Mont. Code Ann. § 20-9-638 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-638
20-9-638 Coal-fired generating unit closure mitigation block grant
Status: in_force

20-9-638 . Coal-fired generating unit closure mitigation block grant. (1) (a) The office of public instruction shall provide a coal-fired generating unit closure mitigation block grant to each school district with a fiscal year 2017 taxable valuation that includes a coal-fired generating unit with a generating capacity that is greater than or equal to 200 megawatts, was placed in service prior to 1980, and is retiring or planned for retirement on or before July 1, 2022.

(b) The electronic reporting system that is used by the office of public instruction and school districts must be used to allocate the block grant amount into each district's general fund budget as an anticipated revenue source.

(2) Each year, 70% of each district's block grant must be distributed in December and 30% of each district's block grant must be distributed in May at the same time that guaranteed tax base aid is distributed.

(3) The block grant is equal to the amount received in fiscal year 2017 by the district general fund from the block grants provided for in former 20-9-630 (4)(a) as that section read prior to July 1, 2017.
Mont. Code Ann. § 20-4-206 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-206
20-4-206 Notification of nontenure teacher reelection -- acceptance -- termination
Status: in_force

20-4-206 . Notification of nontenure teacher reelection -- acceptance -- termination. (1) The trustees shall provide written notice by June 1 to each nontenure teacher employed by the district regarding whether the nontenure teacher has been reelected for the ensuing school fiscal year. A teacher who does not receive written notice of reelection or termination is automatically reelected for the ensuing school fiscal year.

(2) A nontenure teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written acceptance of the conditions of reelection within 20 days after the receipt of the notice of reelection. Failure to notify the trustees within 20 days constitutes conclusive evidence of the nontenure teacher's nonacceptance of the tendered position.

(3) Subject only to the June 1 notice requirements in this section, the trustees may nonrenew the employment of a nontenure teacher at the conclusion of the school fiscal year with or without cause.

(4) As used in 20-4-209 and this section, "without cause" includes financial reasons.
Mont. Code Ann. § 20-20-312 — MT Code / Title 20 / Chapter 20 / Part 3 / Section 20-20-312
20-20-312 Listing of registered electors -- late registration
Status: in_force

20-20-312 . Listing of registered electors -- late registration. (1) After closing regular registration, the county election administrator shall prepare a list of registered electors for each polling place established by the trustees. The list for each polling place must be prepared in the format of a precinct register book.

(2) An elector may register as provided in 13-2-304 to vote in a school election after the close of regular registration.
Mont. Code Ann. § 20-31-301 — MT Code / Title 20 / Chapter 31 / Part 3 / Section 20-31-301
20-31-301 Organization -- procedural rules -- compensation of members
Status: in_force

20-31-301 . Organization -- procedural rules -- compensation of members. (1) The members of the fire services advisory council shall elect a presiding officer, a vice presiding officer, and other officers considered advisable by the council. The terms of the officers must be established by the council.

(2) The council shall adopt rules governing its procedures, subject to approval of the board of regents.

(3) Members of the council must receive compensation under 2-18-501 through 2-18-503 .
Mont. Code Ann. § 20-25-701 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-701
20-25-701 Definitions and purpose
Status: in_force

20-25-701 . Definitions and purpose. (1) As used in this part, unless the context otherwise requires, the following definitions apply:

(a) "Institution" means any public institution of postsecondary education governed, supervised, or coordinated by the board of regents of higher education.

(b) "Student" means any Montana resident, as established by the board of regents of higher education, who has met the qualifications for enrollment as a full-time student at an institution or who is presently enrolled as a full-time student in good standing, as determined by the institution.

(2) It is the purpose of this part to help ensure that no resident of Montana be denied attendance at institutions governed, supervised, or coordinated by the board of regents of higher education because of financial barriers and further to provide low-cost supplemental assistance for all governing units within Montana. The legislature intends that any Montana resident wishing to gain admittance to such institutions in Montana, within necessary budgetary limitations as provided by law, shall be allowed the opportunity to earn in part or in total sufficient money to pay the costs accompanying such attendance through employment by state and local governing units and certain public interest organizations.
Mont. Code Ann. § 20-25-504 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-504
20-25-504 Evidence as to domiciliary intent -- changes in status
Status: in_force

20-25-504 . Evidence as to domiciliary intent -- changes in status. (1) To determine the domicile of a person, the units of the system shall apply the following rules:

(a) Nonpayment of Montana income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Montana domicile.

(b) A person shall intend to establish a domicile in Montana.

(2) After registration, a student's classification for tuition and fee purposes remains unchanged in the absence of evidence to the contrary. A written statement of the evidence must be filed with the registering authority of the unit. Changes in classification must be in writing signed by the registering authority and take effect at the student's next registration.

(3) A minor shall qualify for a change in status only if the minor's parents or the parent having legal custody or, if neither parent has legal custody, the parent with whom the minor customarily resides or legal guardian or person having legal custody completes the requirements for establishing domicile.

(4) It is presumed a minor or adult registered as a full-time student at any unit is not qualified for a change in the person's dependent's classification for tuition and fee purposes unless the person completes 12 continuous months of residence while not attending a unit of the system or other institution of higher learning or while serving in the armed forces.

(5) Any student whose request for classification as a resident student is denied has the right of appeal to the executive secretary of the Montana university system. Immediately upon rejection and at the request of the student, the registering authority shall forward a copy of the authority's decision and a complete file on the student to the executive secretary. The executive secretary may accept other evidence of residence from either the student, the registering authority, or other interested persons. Within 30 days of the receipt of the decision of the registering authority, the executive secretary shall determine the resident status of the student and shall notify the student and the registering authority of the decision. The executive secretary's decision may be appealed to the regents if the regents agree to entertain an appeal.
Mont. Code Ann. § 20-7-1315 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1315
20-7-1315 First aid training in schools
Status: in_force

20-7-1315 . First aid training in schools. (1) The office of public instruction shall, in consultation with school districts, the department of public health and human services, the American heart association, and the American red cross, provide guidance and technical support and make available a program of study to Montana schools on:

(a) basic first aid;

(b) basic cardiopulmonary resuscitation; and

(c) the use of automated external defibrillators.

(2) The guidance and program of study under subsection (1) must comply with current evidence-based guidance from the American heart association or another national science organization. The office of public instruction shall annually notify high school and K-12 school districts during the month of August in writing or electronically of the availability and any updating of the guidance and program of study under subsection (1).

(3) School districts are encouraged to incorporate the program of study under subsection (1) during health enhancement courses during high school as required in the accreditation standards and to include in the program of study hands-on practicing of cardiopulmonary resuscitation.

(4) A school district and the office of public instruction may accept from any person, public entity, or other legal entity in-kind donations of materials, equipment, or services that may be used in the program of study under subsection (1).

(5) The office of public instruction, in consultation with the department of public health and human services, shall assist districts in carrying out a program under this section, including providing guidelines and advice for seeking grants for the purchase of automated external defibrillators or seeking donations of automated external defibrillators. The office of public instruction may coordinate with local health districts or other organizations in seeking grants and donations for this purpose.

(6) A school district may use any of the following persons to provide instruction and training pursuant to this section:

(a) emergency care providers;

(b) fire department personnel;

(c) police officers;

(d) representatives of the American heart association;

(e) representatives of the American red cross;

(f) teachers;

(g) other school employees; and

(h) other similarly qualified persons.
Mont. Code Ann. § 20-25-513 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-513
20-25-513 Written notice required for entry to student's room -- emergency
Status: in_force

20-25-513 . Written notice required for entry to student's room -- emergency. An authorized official of the university or college may not enter the room of a student located at an institution unless the official has given the student a notice in writing. An emergency such as a fire or a call for help or when there is probable cause to believe the occupant needs assistance is the only exception to the written notice requirement. In an emergency, evidence of a crime obtained as a result of the emergency entry may not be admissible in any court of law unless due process of law has been satisfied in obtaining the evidence.
Mont. Code Ann. § 20-6-101 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-101
20-6-101 Definition of elementary and high school districts
Status: in_force

20-6-101 . Definition of elementary and high school districts. (1) As used in this title, except as defined in 20-9-402 for bonding purposes or unless the context clearly indicates otherwise, the term "district" means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. High school districts may encompass all or parts of the territory of one or more elementary districts.

(2) (a) An elementary district is a district organized for the purpose of providing public education for all grades up to and including grade 8 and for preschool programs and kindergartens. An elementary district may be inactive if the district attaches to a high school district under the provisions of 20-6-701 to form a K-12 school district.

(b) A high school district is a district organized for the purpose of providing those public educational services authorized by this title for all grades beyond grade 8, including postsecondary programs, except those programs administered by community college districts or the Montana university system. A high school district with an attached elementary district may provide the educational services for an elementary district through the procedures established in 20-6-701 through 20-6-703 .

(3) An elementary district is known as "District No....., ........ County" and a high school district, except a high school district where a county high school is operated, is known as "High School District No....., ........ County". A district is a body corporate and, as a body corporate, may sue and be sued, contract and be contracted with, and acquire, hold, use, and dispose of real or personal property for school purposes, within the limitations prescribed by law. Unless the context clearly indicates otherwise, the trustees of elementary districts and high school districts have the same types of powers, duties, and responsibilities authorized and imposed by the laws of Montana.

(4) As used in this title, unless the context clearly indicates otherwise, a county high school is a high school district that has not unified with an elementary district under 20-6-312 .
Mont. Code Ann. § 20-4-505 — MT Code / Title 20 / Chapter 4 / Part 5 / Section 20-4-505
20-4-505 Loan repayment assistance documentation
Status: in_force

20-4-505 . Loan repayment assistance documentation. (1) A quality educator shall submit an application for loan repayment assistance to the superintendent of public instruction in accordance with policies and procedures adopted by the superintendent of public instruction. The application must include official verification or proof of the applicant's total unpaid accumulated educational loan debt and other documentation required by the superintendent of public instruction that is necessary for verification of the applicant's eligibility.

(2) The superintendent of public instruction may require a quality educator who is eligible for loan repayment assistance to provide documentation that the quality educator has exhausted repayment assistance from other federal, state, or local loan forgiveness, discharge, or repayment incentive programs.

(3) The superintendent of public instruction may remit payment of the loan on behalf of the quality educator in accordance with the requirements of this part and policies and procedures adopted by the superintendent of public instruction.

(4) A school or a school district may remit payment of the loan on behalf of a quality educator eligible for loan repayment assistance under this section in accordance with 20-4-504 .