Mont. Code Ann. § 20-1-213 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-213
20-1-213 Transfer of school records
Status: in_force

20-1-213 . Transfer of school records. (1) Subject to the provisions of 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 to the provisions of the Individuals With Disabilities Education Act, 20 U.S.C. 1411 through 1420, and its implementing regulations at 34 CFR, part 300, local educational agencies and accredited schools shall adopt a policy that a certified copy of the permanent file, as defined by the board of public education, and the file containing special education records of a student will be forwarded by mail or electronically to a local educational agency or accredited school in which the student seeks or intends to enroll within 5 working days after a receipt of a written or electronic request.

(2) If records cannot be forwarded within 5 days, the local educational agency or accredited school shall notify the requestor in writing or electronically providing the reasons why the local educational agency or accredited school is unable to comply within the 5-day timeframe and the local educational agency or accredited school shall provide the date by which the requested records will be transferred.

(3) A local educational agency or accredited school may not refuse to transfer files because a student owes fines or fees.

(4) The files that are forwarded must include education records in the permanent file, special education records, and any disciplinary actions taken against the student that are educationally related.

(5) A local educational agency or accredited school may release student information to the juvenile justice system to assist the system's ability to effectively serve, prior to adjudication, the student whose records are released under provisions of 20 U.S.C. 1232g(B)(1)(E) of the Family Educational Rights and Privacy Act of 1974, as amended. The official to whom the records are disclosed shall certify in writing to the sending official that the information will not, except as provided by law, be disclosed to any other party without prior written consent of the parent of the student.

(6) The superintendent of public instruction is encouraged to contact other states or provinces and may enter into reciprocal records transfer agreements with the superintendent of public instruction or a department of education of any state or province. The superintendent of public instruction shall supply a copy of any reciprocal records transfer agreement that is executed to the county superintendent of each county that may be affected by the agreement.

(7) Upon request, the local educational agency or accredited school shall transfer by mail or electronically a copy of the permanent file to a nonpublic school or facility.

(8) (a) By November 1 and March 1 of each school fiscal year, a local educational agency shall prepare a report to be provided to the director of the Montana youth challenge program subject to subsections (8)(b) and (8)(c) containing the name, last-known address, and dates of attendance of a student who:

(i) is at least 16 years of age but less than 19 years of age;

(ii) was enrolled but is no longer enrolled in a school in the district;

(iii) has not provided school transfer or graduation information to a school in the district; and

(iv) has not received a high school diploma or a high school equivalency diploma.

(b) After preparing the report in accordance with subsection (8)(a), a local educational agency shall provide written notice to the parent or guardian of the student or to the student if the student is at least 18 years of age or is under 18 years of age and emancipated that the agency intends to provide the report to the director of the Montana youth challenge program. The parent or guardian or the student must be given the opportunity to object to the planned disclosure of the information. If the parent or guardian or the student fails to respond to the notice within 30 days, the local educational agency shall forward the report to the director of the Montana youth challenge program.

(c) The report provided by the local educational agency may not include a student who:

(i) is receiving medical care or treatment that prohibits school attendance;

(ii) is enrolled in a foreign exchange program;

(iii) is enrolled in an early admissions college program;

(iv) is participating in a job corps program, an adult basic education program, or an accredited apprenticeship program; or

(v) is excused from school for a reason determined acceptable by the local educational agency.

(d) The official to whom the information in subsection (8)(a) is provided shall certify in writing to the local educational agency that is providing the information that the information will not be disclosed to any other party except as necessary to recruit and retain students.

(9) As used in this section, "local educational agency" means a public school district or a state-funded school.
Mont. Code Ann. § 20-26-1511 — MT Code / Title 20 / Chapter 26 / Part 15 / Section 20-26-1511
20-26-1511 Institutional nursing incentive program
Status: in_force

20-26-1511 . Institutional nursing incentive program. (1) There is a loan reimbursement program for an individual who is licensed to practice as a registered professional nurse pursuant to 37-8-406 and who works at the Montana state prison or the Montana state hospital.

(2) (a) The board of regents shall, subject to available appropriations, pay up to 50% of a loan balance of $30,000 for a registered professional nurse working at the Montana state prison or the Montana state hospital who applies for the program and submits proof of the balance related to loans for nursing education.

(b) The reimbursement under this section is limited to a maximum of $3,750 a year for 4 years and must be based on a participant's actual loan balance.

(c) An individual with a loan balance of less than $1,000 is not eligible for the program provided for in this section.

(3) (a) The board of regents shall reimburse a participant in the loan reimbursement program at the end of every 12-month period that the participant works at either the Montana state prison or the Montana state hospital. The amount to be reimbursed as determined in subsection (2) must be reimbursed in equal annual installments over 4 years as long as the participant continues to work at either facility.

(b) A participant who works less than a full 12-month period must receive a reimbursement that is prorated to reflect the amount of time worked during that 12-month period.

(c) The reimbursement payment by the board of regents must be to the participant and the loan institution.
Mont. Code Ann. § 20-25-245 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-245
20-25-245 Reports -- disposition of income
Status: in_force

20-25-245 . Reports -- disposition of income. (1) The board of regents may require such regular and special reports to be prepared as it deems necessary. Such regular reports and the special reports and bulletins, with proper illustrations and maps, shall be printed and distributed as the board of regents may direct and as the interests of the state and of science and industry may demand.

(2) Income received by the station shall be deposited in the state treasury and used for the purposes of administering 20-25-241 through 20-25-245 .
Mont. Code Ann. § 20-20-416 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-416
20-20-416 Certificate of election
Status: in_force

20-20-416 . Certificate of election. After the canvass of the total votes cast, the trustees shall issue a certificate of election. In the case of a trustee election, either by vote or by acclamation, the certificate must be issued to the elected trustee and the county superintendent designating the term of the trustee position to which the trustee has been elected. In the case of an election on a proposition, the trustees shall issue a certificate specifying the outcome of the election. The certificate must be issued to the official or public body that ordered the election within 25 days after the election. When the election has been ordered by resolution of the trustees, the canvassed results must be published immediately in a newspaper that will give notice to the largest number of people of the district.
Mont. Code Ann. § 20-9-361 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-361
20-9-361 County equalization revenue
Status: in_force

20-9-361 . County equalization revenue. Revenue received in support of county equalization under the provisions of 20-9-331 and 20-9-333 is to be used for county equalization aid for the public schools, as provided by law, and must be accounted for in accordance with generally accepted accounting principles.
Mont. Code Ann. § 20-9-537 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-537
20-9-537 Montana Indian language preservation program
Status: in_force

20-9-537 . Montana Indian language preservation program. (1) There is a Montana Indian language preservation program. The program is established to support efforts of Montana tribes to preserve and perpetuate Indian languages in the form of spoken, written, sung, or signed language and to help meet the state's educational goal of preserving the cultural integrity of American Indians under Article X, section 1(2), of the Montana constitution.

(2) (a) The office of public instruction shall administer the program and, in collaboration with each tribal government of a federally recognized Indian tribe in Montana, shall create program guidelines.

(b) The program guidelines must:

(i) describe the roles of tribal governments, of tribal education, culture, or language departments or other recognized Indian education resource specialists, and of educational entities with which the tribe will partner, including but not limited to public school districts, community choice schools, nonpublic schools, tribal schools, postsecondary institutions, and early learning providers;

(ii) include definitions of language fluency in sufficient detail to allow measurement of progress toward Indian language preservation; and

(iii) address performance and output standards, distribution of funds, accounting of funds, and use of funds.

(3) (a) The office of public instruction shall equally distribute funds to tribal governments in a manner described in the program guidelines. A tribal government wishing to participate in the program shall submit an application to the office of public instruction that includes at a minimum:

(i) if applicable, statements of commitment from educational entities with which the tribal government will partner through the program, including, if applicable, descriptions of how the efforts of the Montana Indian language preservation program will be integrated into Indian language immersion programs of school districts pursuant to Title 20, chapter 7, part 14;

(ii) a designation of a tribal entity to administer the program. The designation must be to the tribal education department or equivalent or, if the tribe does not have an education department, to another entity such as a tribal culture or language department or equivalent.

(iii) a description of the role of American Indian language and culture specialists in the program, including the number of specialists currently employed by partnering districts;

(iv) a detailed description of proposed curriculum development, instruction, and professional development activities, including:

(A) the role of American Indian language and culture specialists; and

(B) the utilization of curriculum and other materials developed by the tribe under the program during the years 2013 through 2021 that are securely housed in perpetuity at the Montana historical society;

(v) a description of how proposed activities support the tribal government's long-term strategy for Indian language preservation, including:

(A) an estimate of the current number of fluent speakers; and

(B) plans to build multigenerational fluency through:

(I) partnerships with early learning providers; and

(II) adult education offerings; and

(vi) a proposed budget for the expenditure of funds received under the program and any other anticipated funding sources. The budget may include professional development opportunities. The tribal entities administering the program are encouraged to partner with one another and utilize national and international organizations with expertise in language preservation and perpetuation in designing professional development opportunities.

(b) Tribal governments shall report annually to the office of public instruction in a format prescribed in the program guidelines. A tribal government failing to meet the reporting requirements may not receive program funds until reporting requirements have been met.

(c) The office of public instruction shall report to the legislature, to the education interim committee, and to the state-tribal relations committee in accordance with 5-11-210 . The report must include:

(i) current program guidelines as required in subsection (2);

(ii) a summary of each participating tribal government's activities under the program; and

(iii) metrics that indicate how well activities funded under this program are promoting language fluency.

(4) Any cultural and intellectual property rights from program efforts belong to the tribe. Use of the cultural and intellectual property may be negotiated between the tribe and other partnering entities.

(5) A tribe may use payments received pursuant to this section as matching funds for federal or private fund sources to accomplish the purposes of this section.
Mont. Code Ann. § 20-15-327 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-327
20-15-327 Revenue-producing facilities -- powers of board of trustees
Status: in_force

20-15-327 . Revenue-producing facilities -- powers of board of trustees. The board of trustees of a community college district may:

(1) purchase, construct, equip, or improve the following types of revenue-producing facilities:

(a) land;

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

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

(d) student union buildings, activity centers, and other facilities;

(e) other revenue-producing facilities as determined by the board of trustees; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) land needed for the facilities;

(7) borrow money for any purpose stated in this section, including, if considered desirable by the board of trustees, the payment of interest on the money borrowed for a facility during the construction of the facility and for 1 year after construction and the creation of a reserve for the payment of bond principal and interest;

(8) make purchases on a time or installment basis;

(9) issue bonds, notes, and other securities, negotiable or otherwise, secured as provided in this section, including bearer bonds with appurtenant interest coupons, which must be fully negotiable notwithstanding any limitation on the source of payment of the bonds, notes, or securities, or fully registered bonds or bonds registered as to ownership of principal only;

(10) pledge for the payment of the purchase price of a facility or of the principal and interest on bonds, notes, or other securities authorized in this chapter or otherwise obligate:

(a) the net income received from rents, board, or both in housing, food service, and other facilities;

(b) receipts from student building, activity, union, and other special fees prescribed by the board of trustees for all students;

(c) other income in the form of:

(i) gifts, bequests, contributions, or federal grants of funds, including the proceeds or income from grants of lands or other real or personal property;

(ii) receipts from athletic and other contests, exhibitions, and performances; and

(iii) collections of admissions and other charges for the use of facilities, including all use by other persons, firms, and corporations for athletic and other contests, exhibitions, and performances and for the conduct of their business, educational, or governmental functions; and

(d) the sum of subsections (10)(a) through (10)(c) in part or in whole;

(11) make payments on loans or purchases from any other available income not obligated for those purposes, including receipts from sale of materials, equipment, and fixtures of the facilities or from sales of the facilities themselves, including land; and

(12) issue and sell or exchange bonds for the refunding of any outstanding bonds or other obligations issued for revenue-producing facilities.
Mont. Code Ann. § 20-4-106 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-106
20-4-106 Classifications of teacher and specialist certificates
Status: in_force

20-4-106 . Classifications of teacher and specialist certificates. (1) The superintendent of public instruction shall issue teacher certificates and the board of public education shall adopt teacher certification policies on the basis of the following classifications of teacher certificates:

(a) The class 1 professional certificate may be issued to an otherwise qualified applicant who has completed a teacher education program that includes a bachelor's degree and a minimum of 1 year of study beyond the degree in a unit of the Montana university system or an equivalent institution. The professional certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for specified subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher certification endorsement.

(b) The class 2 standard certificate may be issued to an otherwise qualified applicant who has completed a 4-year teacher education program and who has been awarded a bachelor's degree by a unit of the Montana university system or an equivalent institution. The standard certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for specified subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher certification endorsement.

(c) The class 3 administrative and supervisory certificate may be issued to an otherwise qualified applicant who is eligible for a teacher or specialist certificate in the school or schools in which the applicant would be an administrator or would supervise. The applicant must also possess the training and experience required by the policies of the board of public education for an endorsement as superintendent, principal, or supervisor. An applicant for a class 3 administrative and supervisory certificate who is currently licensed in another state at a comparable level of licensure essentially equivalent to the class 3 administrative and supervisory certificate is eligible for licensure with verification of successful administrative experience as provided by the policies of the board of public education.

(d) (i) The class 4 vocational, recreational, or adult education certificate may be issued to an otherwise qualified applicant who has the qualifications of training and experience required by the United States office of education or the qualifications required by the special needs of the several vocational, recreational, or adult education fields and who can qualify under the policy of the board of public education for the issuance of this classification of teacher certification.

(ii) (A) A class 4C license must be issued to individuals who hold at least a high school diploma or high school equivalency diploma and have completed a minimum of 10,000 hours of documented, relevant work experience, which may include apprenticeship training, documenting the knowledge and skills required in the specific trade in which they are to teach. Acceptable documentation of relevant work experience is determined by the superintendent of public instruction consistent with rules of the board of public education.

(B) Trades in which a class 4C licensed individual can teach include agriculture business, marketing, and communications, agriculture mechanics, auto body, automotive technology, aviation, building maintenance, building trades, computer information systems, culinary arts, diesel mechanics, drafting, electronics, engineering, graphic arts, health occupations education, heavy equipment operator, horticulture, industrial mechanics, livestock production, machining, metals, plant and soil sciences, ROTC, small engines, power equipment technology, traffic education, theatre arts, videography, welding, and any other trade approved by the superintendent of public instruction.

(e) The class 5 provisional certificate may be issued to an otherwise qualified applicant who can provide satisfactory evidence of the intent to qualify in the future for a class 1 or a class 2 certificate and who has completed a 4-year college program or its equivalent and holds a bachelor's degree from a unit of the Montana university system or its equivalent. The provisional certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for special subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher or specialist certification endorsement.

(2) The superintendent of public instruction shall issue specialist certificates, and the board of public education shall adopt specialist certification policies. The specialist certificate may be issued to an otherwise qualified applicant who has the training, experience, and license required under the standards of the board of public education for the certification of a profession other than the teaching profession.

(3) For purposes of evaluating the qualifications of applicants for either teacher or specialist certificates, a year means the instructional period consisting of three quarters or two semesters or other terms that are recognized as an academic year by any unit of the Montana university system or equivalent institution.
Mont. Code Ann. § 20-1-209 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-209
20-1-209 Judicial enforcement
Status: in_force

20-1-209 . Judicial enforcement. A district court, upon petition of a county, may enforce 20-1-208 with appropriate orders.
Mont. Code Ann. § 20-7-203 — MT Code / Title 20 / Chapter 7 / Part 2 / Section 20-7-203
20-7-203 Trustees' policies for school library
Status: in_force

20-7-203 . Trustees' policies for school library. The trustees shall adopt those policies necessary for regulating the use and operation of school libraries. These policies may provide for the use of school libraries by the residents of the district, provided that such use does not interfere with the regular school use of the library.
Mont. Code Ann. § 20-25-707 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-707
20-25-707 Antidiscrimination
Status: in_force

20-25-707 . Antidiscrimination. An employer is not eligible to employ any person under this program if the employer practices discrimination in employment against any individual because of race, creed, religion, color, political ideas, sex, as defined in 1-1-201 , age, marital status, physical or mental disability, ancestry, or national origin.
Mont. Code Ann. § 20-20-106 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-106
20-20-106 Poll hours
Status: in_force

20-20-106 . Poll hours. (1) The polls for any school election in any district shall open not later than noon. The trustees may order the polls to open earlier, but no earlier than 7 a.m.

(2) If the school election is held on the same day as an election held by a political subdivision and at the same polling place pursuant to 13-1-305 , the polls must be opened and closed at the times required for the school election.

(3) If the school election is held on the same day as a general or primary election, the polls must be opened and closed at the times required for the general or primary election under 13-1-106 .

(4) Once opened, the polls must be kept open continuously until 8 p.m., except that whenever all the registered electors at any poll have voted, the poll must be closed immediately.
Mont. Code Ann. § 20-15-225 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-225
20-15-225 Powers and duties of trustees
Status: in_force

20-15-225 . Powers and duties of trustees. (1) The trustees of a community college district shall, subject to supervision by the board of regents:

(a) have general control and supervision of the community college;

(b) adopt rules, not inconsistent with the constitution and the laws of the state, for the government and administration of the community college;

(c) grant certificates and degrees to the graduates of the community college;

(d) keep a record of their proceedings;

(e) when not otherwise provided by law, have control of all books, records, buildings, grounds, and other property of the community college;

(f) receive from the state board of land commissioners; other boards, agencies, or persons; or the government of the United States all funds, income, and other property the community college may be entitled to receive or accept and use and appropriate the property for the specific purpose of the entitlement, grant, or donation;

(g) have general control of all receipts and disbursements of the community college;

(h) appoint and dismiss a president and faculty for the community college; appoint and dismiss any other necessary officers, agents, and employees; fix their compensation; and set the terms and conditions of their employment;

(i) administer the tuition provision and otherwise govern the students of the community college district in accordance with the provisions of this chapter;

(j) call the elections of the district in accordance with the school election chapter of this title;

(k) participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of this title;

(l) establish employee benefits, other than retirement benefits, and fix their limits in accordance with 2-18-701 through 2-18-704 ; and

(m) participate in district boundary change actions in accordance with the provisions of the district organization chapter of this title.

(2) The trustees of a community college district shall hold in trust all real and personal property of the district for the benefit of the college and students.

(3) The trustees of a community college district may enter into agreements with the western interstate commission for higher education, or similar intrastate, interstate, or international agreements, for the benefit of the district and students.
Mont. Code Ann. § 20-1-302 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-302
20-1-302 School term, day, and week
Status: in_force

20-1-302 . School term, day, and week. (1) Subject to 20-1-301 , 20-1-308 , and any applicable collective bargaining agreement covering the employment of affected employees, the trustees of a school district shall set the number of days in a school term, the length of the school day, and the number of school days in a school week and report them to the superintendent of public instruction.

(2) When proposing to adopt changes to a previously adopted school term, school week, or school day, the trustees shall:

(a) negotiate the changes with the recognized collective bargaining unit representing the employees affected by the changes;

(b) solicit input from the employees affected by the changes but not represented by a collective bargaining agreement; and

(c) solicit input from the people who live within the boundaries of the school district.
Mont. Code Ann. § 20-6-633 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-633
20-6-633 Hiring for architectural services authorized
Status: in_force

20-6-633 . Hiring for architectural services authorized. If the trustees determine pursuant to 20-6-631 that architectural services are necessary, the trustees shall hire a licensed architect for the architectural services as described by the school district's scope of the work. In the event that the trustees and the architect are unable to negotiate a fair and reasonable fee, the trustees may select another architect if the trustees again give reasonable notice of their selection.
Mont. Code Ann. § 20-4-110 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-110
20-4-110 Letter of reprimand, suspension, revocation, and denial of certificate
Status: in_force

20-4-110 . Letter of reprimand, suspension, revocation, and denial of certificate. (1) The board of public education may issue a letter of reprimand or may suspend or revoke the teacher, administrator, or specialist certificate of any person for the following reasons:

(a) making any statement of material fact in applying for a certificate that the applicant knows to be false;

(b) any reason that would have required or authorized the denial of the teacher, administrator, or specialist certificate to the person if it had been known at the time the certificate was issued;

(c) incompetency;

(d) gross neglect of duty;

(e) conviction of, entry of a guilty verdict, a plea of guilty, or a plea of no contest to a criminal offense involving moral turpitude in this state or any other state or country;

(f) immoral conduct related to the teaching profession;

(g) substantial and material nonperformance of the employment contract between the teacher, administrator, or specialist and the trustees of a school or school district without good cause or the written consent of the trustees; or

(h) denial, revocation, suspension, or surrender of a teacher, administrator, or specialist certificate in another state for any reason constituting grounds for similar action in this state.

(2) The board may initiate proceedings under this section if a request for the suspension or revocation of the teacher, administrator, or specialist certificate of any person is made to it by:

(a) the trustees of a district as to a teacher, administrator, or specialist employed by that school or school district within the 12 months immediately preceding receipt of the request by the board of public education; or

(b) the superintendent of public instruction.

(3) (a) If the employment relationship between a school district and a teacher, administrator, or specialist is terminated or not renewed or if a teacher, administrator, or specialist resigns to prevent termination or nonrenewal because the trustees have reason to believe that the teacher, administrator, or specialist engaged in conduct described in subsection (1)(e) or (1)(f), the trustees shall make a written report to the superintendent of public instruction describing the circumstances of the termination, nonrenewal, or resignation.

(b) The superintendent shall review the report and any supporting evidence included in the report and may conduct further investigation. If the superintendent is satisfied that sufficient grounds exist, the superintendent may request action by the board of public education under subsection (1). The request must be brought within 1 year after discovery of the events that gave rise to the report.

(c) The trustees and the superintendent shall ensure the confidentiality of the report.

(d) The trustees and the superintendent and their agents and employees are immune from suit for actions taken in good faith under this section with respect to the report.

(4) The board shall give a 30-day written notification to any person when the board intends to consider a letter of reprimand or the suspension or revocation of a certificate. Service of the notice must be accomplished by sending the notification by registered mail to the last address that the person has provided to the school district or the superintendent of public instruction.

(5) The board shall conduct an investigation of the reasons for the suspension or revocation charge and then, if the investigation warrants further action, conduct a hearing in the manner provided by board policies. At the hearing, the board shall afford the person an opportunity for defense against the charge.

(6) After a hearing, the board may place a written reprimand in the person's certification file or may suspend or revoke the person's teacher, administrator, or specialist certificate, except that in the case of a first violation under subsection (1)(g), the maximum penalty is a 2-year suspension of the person's certificate. The board may, upon a request by a school district, inform the school district that a person's certification file includes a letter of reprimand, but the board may not provide a copy of the letter without first determining that the public's right to know outweighs the person's right to privacy.

(7) Whenever the superintendent of public instruction denies the issuance or the renewal of a teacher, administrator, or specialist certificate, the applicant may appeal the denial to the board of public education. The board shall hear the appeal in the same manner provided in this section for suspension or revocation and in accordance with the policies of the board. The decision of the board is final.
Mont. Code Ann. § 20-25-404 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-404
20-25-404 Revenue-producing facilities considered as one
Status: in_force

20-25-404 . Revenue-producing facilities considered as one. In creating and discharging obligations under this chapter, all of the revenue-producing facilities at each unit of the Montana university system may be considered as one, but income received at one unit shall not be used to discharge obligations created for facilities at another unit.
Mont. Code Ann. § 20-7-202 — MT Code / Title 20 / Chapter 7 / Part 2 / Section 20-7-202
20-7-202 School library required
Status: in_force

20-7-202 . School library required. The trustees of each district shall establish and maintain a school library in each school of the district. Each school library shall comply with at least the minimum requirements of the standards of accreditation adopted by the board of public education.
Mont. Code Ann. § 20-20-421 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-421
20-20-421 Voting systems
Status: in_force

20-20-421 . Voting systems. Whenever a voting system, as defined in 13-1-101 , is available to a district, the voting system may be used for a school election if the voting system has been approved pursuant to 13-17-101 and if the election administrator complies with the provisions of Title 13, chapter 17. In construing the provisions of that chapter, the "county governing body" and the "election administrator" are, for the purposes of this section, considered to refer to trustees and "county" is considered to refer to district.
Mont. Code Ann. § 20-7-424 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-424
20-7-424 No tuition when attending state institution
Status: in_force

20-7-424 . No tuition when attending state institution. Whenever a child is attending a state-funded institution in Montana, the resident district or county is not required to pay tuition to the state institution for the child, but whenever at the recommendation of institution officials the child attends classes conducted by a school within a local district, the district or county where the parents or guardian of the child maintains legal residence shall pay tuition to the district operating the school in accordance with the provisions of 20-5-321 or 20-7-421 , whichever section applies to the circumstances of the child. Transportation payments must be made for students enrolled in any school district classes or receiving training, including summer sessions, at the state institution. The schedule of transportation payments must be approved in accordance with existing transportation payment schedules and must be approved by the county transportation committee and the superintendent of public instruction.
Mont. Code Ann. § 20-25-602 — MT Code / Title 20 / Chapter 25 / Part 6 / Section 20-25-602
20-25-602 Teacher instruction -- colleges to offer course
Status: in_force

20-25-602 . Teacher instruction -- colleges to offer course. All units of the Montana university system and all private colleges and private universities in Montana that offer any degree in education shall establish a credit course in health education to include drug and alcohol education and abuse by July 1, 1972. The content of the courses established in the Montana university system shall be reviewed and approved by the board of regents of the Montana university system before being offered for study in the units of the Montana university system.
Mont. Code Ann. § 20-9-347 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-347
20-9-347 Distribution of BASE aid and special education allowable cost payments in support of BASE funding program -- exceptions
Status: in_force

20-9-347 . Distribution of BASE aid and special education allowable cost payments in support of BASE funding program -- exceptions. (1) The superintendent of public instruction shall:

(a) supply the county treasurer and the county superintendent with a monthly report of the payment of BASE aid in support of the BASE funding program of each district of the county;

(b) in the manner described in 20-9-344 , provide for a state advance to each county in an amount that is no less than the amount anticipated to be raised for the elementary and high school county equalization funds as provided in 20-9-331 and 20-9-333 ; and

(c) adopt rules to implement the provisions of subsection (1)(b).

(2) (a) The superintendent of public instruction is authorized to adjust the schedule prescribed in 20-9-344 for distribution of the BASE aid payments if the distribution will cause a district to register warrants under the provisions of 20-9-212 (8).

(b) To qualify for an adjustment in the payment schedule, a district shall demonstrate to the superintendent of public instruction, in the manner required by the office, that the payment schedule prescribed in 20-9-344 will result in insufficient money available in all funds of the district to make payment of the district's warrants. The county treasurer shall confirm the anticipated deficit. This section may not be construed to authorize the superintendent of public instruction to exceed a district's annual payment for BASE aid.

(3) The superintendent of public instruction shall:

(a) distribute special education allowable cost payments to districts; and

(b) supply the county treasurer and the county superintendent of schools with a report of payments for special education allowable costs to districts of the county.
Mont. Code Ann. § 20-9-214 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-214
20-9-214 Fees
Status: in_force

20-9-214 . Fees. (1) The trustees of a district may:

(a) require pupils in the commercial, industrial arts, music, domestic science, scientific, or agricultural courses to pay reasonable fees to cover the actual cost of breakage and of excessive supplies used; and

(b) charge pupils a reasonable fee for a course or activity not reasonably related to a recognized academic and educational goal of the district or a course or activity held outside normal school functions. The trustees may waive the fee in cases of financial hardship.

(2) The fees collected pursuant to subsection (1)(a) must be deposited in the general fund, and the fees collected pursuant to subsection (1)(b) must be deposited in a nonbudgeted fund as provided in 20-9-210 .
Mont. Code Ann. § 20-3-213 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-213
20-3-213 Part-time office -- establishment -- restrictions
Status: in_force

20-3-213 . Part-time office -- establishment -- restrictions. (1) A board of county commissioners that intends to establish the office of county superintendent of schools as a part-time office shall:

(a) pass a resolution stating the intent of the board to consider the action;

(b) set a date for a hearing on the issue and provide proper notice of the hearing;

(c) conduct a hearing and accept testimony from any registered elector of the county who presents evidence for or against the establishment of the part-time office; and

(d) within 5 days of the hearing, issue an order regarding the establishment of the part-time office.

(2) A board may not issue an order establishing the office of county superintendent as a part-time office less than 7 days before the date on which declarations for nominations may first be filed for the office.

(3) A board may not establish the office of county superintendent as a part-time office during a term of office for which a county superintendent has been elected as a full-time officeholder.
Mont. Code Ann. § 20-6-501 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-501
20-6-501 Definition of various schools
Status: in_force

20-6-501 . Definition of various schools. As used in this title, unless the context clearly indicates otherwise, the term "school" means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. The trustees of a district shall designate the grade assignments for the schools of the district, but for the purposes of this title each school is known as:

(1) an elementary school when it comprises the work of any combination of kindergarten, other preschool programs, or the first eight grades or their equivalents. A middle school is a school comprising the work of grades 4 through 8 or any combination of grades 4 through 8 that has been accredited as a middle school under the provisions of 20-7-102 . When an accredited junior high school is operated by the district, grades 7 and 8 or their equivalents may not be considered as elementary grades.

(2) a high school when it comprises the work of one or more grades of schoolwork or their equivalents intermediate between the elementary schools and the institutions of higher education of the state of Montana. Types of high schools are designated as follows:

(a) a junior high school is a school comprising the work of grades 7 through 9 or their equivalents that has been accredited as a junior high school under the provisions of 20-7-102 ;

(b) a senior high school is a school that comprises the work of grades 10 through 12 or their equivalents and that is operated in conjunction with a junior high school;

(c) a 4-year high school is a school comprising the work of grades 9 through 12 or their equivalents.
Mont. Code Ann. § 20-25-305 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-305
20-25-305 President -- powers and duties
Status: in_force

20-25-305 . President -- powers and duties. Subject to the supervision of the regents, the president of each of the units of the system:

(1) is responsible for the immediate direction, management, and control of the respective units, including instruction, practical affairs, and scientific investigations;

(2) is the president of the general faculty and of the special faculties of the departments or colleges and the executive head of the unit in all its departments;

(3) has the duties of one of the professorships as long as the interests of the unit require it;

(4) shall perform the duties of corresponding secretary for the unit;

(5) may offer multiyear contracts to athletic coaches;

(6) shall make an annual report to the regents containing any information that they may request; and

(7) shall furnish any special report on request of the regents or the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 20-7-1710 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1710
20-7-1710 Special needs equal opportunity education savings trust
Status: in_force

20-7-1710 . Special needs equal opportunity education savings trust. There is a special needs equal opportunity education savings trust that is an instrumentality of the state and that is created for a public purpose. The trust consists of participating trusts with each participating trust corresponding to an account. The assets of one participating trust may not be commingled with the assets of any other participating trust. The assets and earnings of any participating trust may not be used to satisfy the obligations of any other participating trust. Each participating trust account represents a trust interest in the trust and includes interest and investment income earned by the trust account.
Mont. Code Ann. § 20-7-133 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-133
20-7-133 Pledge of allegiance required -- exemption for students and teachers
Status: in_force

20-7-133 . Pledge of allegiance required -- exemption for students and teachers. (1) Except as provided in subsection (4), the pledge of allegiance to the flag of the United States of America must be recited in all public schools of the state and may be followed by a moment of silence.

(2) The recitation required in subsection (1) must be conducted at the beginning of the first class of each school day in kindergarten through grade 12.

(3) The recitation must be conducted:

(a) by each individual classroom teacher or the teacher's surrogate; or

(b) over the school intercom system by a faculty member or person designated by the principal.

(4) A school district shall inform all students and teachers of their right to not participate in recitation of the pledge. Any student or teacher who, for any reason, objects to participating in the pledge exercise must be excused from participation. A student or teacher who declines to participate in the pledge may engage in any alternative form of conduct so long as that conduct does not materially or substantially disrupt the work or discipline of the school.

(5) If a student or teacher declines to participate in the recitation of the pledge pursuant to this section, a school district may not for evaluation purposes include any reference to the student's or teacher's not participating.
Mont. Code Ann. § 20-6-711 — MT Code / Title 20 / Chapter 6 / Part 7 / Section 20-6-711
20-6-711 Tenure protected -- hiring preference for noncertified employees
Status: in_force

20-6-711 . Tenure protected -- hiring preference for noncertified employees. (1) Whenever an elementary district is attached to a high school district to form a K-12 school district under the provisions of 20-6-701 , a district superintendent, principal, teacher, or other certified employee of the elementary district who has a right of tenure under Montana law continues to have tenure in the K-12 district and the board of trustees of the high school district in which the person will perform duties shall recognize and give effect to the right of tenure.

(2) A noncertified, nonprobationary employee of an elementary district that is attached to a high school district to form a K-12 district must be given preference in hiring for any position with the K-12 district for which the employee has substantially equal qualifications and, upon acceptance of a position, may not be given probationary status.
Mont. Code Ann. § 20-10-112 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-112
20-10-112 Duties of superintendent of public instruction
Status: in_force

20-10-112 . Duties of superintendent of public instruction. In order to have a uniform and equal provision of transportation by all districts in the state of Montana, the superintendent of public instruction shall:

(1) prescribe rules and forms for the implementation and administration of the transportation policies adopted by the board of public education;

(2) prescribe rules for the approval of school bus routing by the county transportation committee;

(3) prescribe the format of the contract for individual transportation and supply each county superintendent with a sufficient number of contracts;

(4) prescribe rules for the approval of individual transportation contracts, including the increases of the schedule rates because of isolation under the policy of the board of public education, and provide a degree-of-isolation chart to school district trustees to serve as a guide;

(5) approve, disapprove, or adjust all school bus routing submitted by the county superintendent;

(6) approve, disapprove, or adjust all individual transportation contracts submitted by the county superintendent;

(7) prescribe rules for the consideration of controversies appealed to the superintendent and rule on the controversies; and

(8) disburse the state transportation reimbursement in accordance with the provisions of law and the transportation policies of the board of public education.
Mont. Code Ann. § 20-15-310 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-310
20-15-310 Appropriation -- definitions
Status: in_force

20-15-310 . Appropriation -- definitions. (1) As used in 20-15-328 and this section, the following definitions apply:

(a) "Adjusted base" means the state appropriation to a community college in the base year:

(i) (A) plus the payment made to the community college for the base year pursuant to 20-15-328 (3)(a); or

(B) minus the FTE increase funding factor divided by the FTE decrease funding factor times the payment made to the state for the base year pursuant to 20-15-328 (3)(b); and

(C) minus any one-time-only legislative appropriations and appropriations for auditing purposes.

(ii) The amount calculated in subsection (1)(a)(i) is then multiplied by the inflationary factor for the second year of the current biennium.

(b) "Base year" means the first year of the current biennium.

(c) "Concurrent enrollment" means the form of dual enrollment through which a high school student receives instruction in a community college course from a high school instructor.

(d) "CTE FTE" means the FTE derived from students in courses determined by the commissioner of higher education to be career and technical education, based on national standard course classifications. For the purposes of the community college funding formula, FTE generated from a dual enrollment CTE course must be included in the calculation of CTE FTE and not in the concurrent enrollment or early college FTE categories.

(e) "Dual enrollment" means the circumstance in which a high school student is enrolled in both the student's high school and in a community college.

(f) "Early college" means the form of dual enrollment through which a high school student receives instruction in a community college course from a faculty member of the community college.

(g) "FTE" or "full-time equivalent" means the total number of undergraduate resident student credit hours in an academic year divided by 30.

(h) "FTE categories" means CTE FTE, general education FTE, the FTE derived from concurrent enrollment, and the FTE derived from early college. For the purposes of the community college funding formula, FTE generated from a dual enrollment CTE course must be included in the calculation of CTE FTE and not in the concurrent enrollment or early college FTE categories.

(i) "FTE decrease funding factor" means a dollar figure for each year of the ensuing biennium that is determined by the legislature and must be specified in the appropriations act appropriating funds to the community colleges for each biennium.

(j) "FTE increase funding factor" means a dollar figure for each year of the ensuing biennium that is determined by the legislature and must be specified in the appropriations act appropriating funds to the community colleges for each biennium.

(k) "FTE weighting factor" means a multiplier that is applied to changes in resident FTE in each of the FTE categories and that is determined by the legislature and must be specified in the appropriations act appropriating funds to the community colleges for each biennium.

(l) "General education FTE" means the FTE derived from nondual enrollment students in courses determined by the commissioner of higher education to not be career and technical education, based on national standard course classifications.

(m) "Inflationary factor" means the percentage calculated pursuant to 20-9-326 , not to exceed 3% and subject to final determination by the legislature as specified in the appropriations act appropriating funds to the community colleges for each biennium.

(n) "Weighted FTE" means, for each FTE category, the FTE in that FTE category multiplied by the corresponding FTE weighting factor.

(2) It is the intent of the legislature that all community college spending, other than from restricted funds, designated funds, or funds generated by an optional, voted levy, be governed by the provisions of this part and the state general appropriations act.

(3) The state general fund appropriation for each community college must be determined as follows:

(a) For the first year of the next biennium, multiply the adjusted base by the inflationary factor for the first year of the next biennium, and to this number for each FTE category add the result of multiplying:

(i) any change in the projected weighted FTE changes for the first year of the next biennium from the actual weighted FTE in the base year; and

(ii) the FTE decrease funding factor or the FTE increase funding factor as appropriate for the first year of the next biennium.

(b) For the second year of the next biennium, multiply the adjusted base by the inflationary factor for the first year of the next biennium, multiply this result by the inflationary factor for the second year of the next biennium, and to this number for each FTE category add the result of multiplying:

(i) any change in the projected weighted FTE changes for the second year of the next biennium from the actual weighted FTE in the base year; and

(ii) the FTE decrease funding factor or the FTE increase funding factor as appropriate for the second year of the next biennium.
Mont. Code Ann. § 20-9-210 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-210
20-9-210 Expenditure limitation of nonbudgeted fund
Status: in_force

20-9-210 . Expenditure limitation of nonbudgeted fund. The expenditure limitation, at any time during the school fiscal year, for a nonbudgeted fund is the amount of cash balance of the nonbudgeted fund.
Mont. Code Ann. § 20-1-211 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-211
20-1-211 Expenses of officers or employees attending conventions -- educational associations
Status: in_force

20-1-211 . Expenses of officers or employees attending conventions -- educational associations. (1) A school district officer or employee of any school district may not receive payment from any public funds for traveling expenses or other expenses of any sort or kind for attendance at any convention, meeting, or other gathering of public officers except for attendance at a convention, meeting, or other gatherings that the officer or employee may by virtue of the office or employment find it necessary to attend.

(2) The board of trustees of any county or district high school or of any school district may by resolution adopted by a majority of the entire board make their district a member of any state association of school districts or school district trustees or any other strictly educational association and authorize the payment of dues to the association and the necessary traveling expenses of employees or members of the board to attend meetings of the association or other meetings called for the express purpose of considering educational matters.
Mont. Code Ann. § 20-9-442 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-442
20-9-442 Entries of payments and notification of school district
Status: in_force

20-9-442 . Entries of payments and notification of school district. The county treasurer shall make the necessary entries of all payments of interest and principal on the treasurer's bond registration record and shall promptly notify the clerk of the school district when the payments are made. The county treasurer also shall deliver the canceled coupons and bonds to the county clerk at the end of each month. The county clerk shall file the canceled coupons and bonds in the clerk's office.
Mont. Code Ann. § 20-7-1802 — MT Code / Title 20 / Chapter 7 / Part 18 / Section 20-7-1802
20-7-1802 Definitions
Status: in_force

20-7-1802 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Early targeted intervention" or "intervention" means, as further described in 20-7-1803 , any of the following:

(a) a classroom-based program;

(b) a home-based program; or

(c) a jumpstart program.

(2) "Eligible child" means a child who is determined through the evaluation methodology selected by the board of public education pursuant to 20-7-1803 to be below a trajectory leading to reading or math proficiency at the end of 3rd grade.

(3) "Evaluation methodology" means a research-based methodology, instrument, or assessment selected by the board of public education to determine, based on a child's age or grade level, whether the child is above, at, or below a developmental trajectory leading to reading or math proficiency on completion of 3rd grade.

(4) "Trustees" means the board of trustees of an elementary or K-12 school district.
Mont. Code Ann. § 20-25-256 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-256
20-25-256 Purposes of Montana state university-northern
Status: in_force

20-25-256 . Purposes of Montana state university-northern. Montana state university-northern has for its purpose instruction and education in:

(1) the English language, history, literature, mathematics, bookkeeping, moral philosophy, and political, rural, and household economy;

(2) mechanical arts, agricultural chemistry, animal and vegetable anatomy and physiology, and veterinary art;

(3) entomology, geology, and such other natural sciences as may be prescribed by the regents;

(4) agriculture, horticulture, and especially the application of science and the mechanical arts to practical agriculture in the field;

(5) irrigation and use of water for agricultural purposes; and

(6) all that relates to an efficient, modern manual training school.
Mont. Code Ann. § 20-25-806 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-806
20-25-806 Appointment of commissioners to the western interstate commission for higher education
Status: in_force

20-25-806 . Appointment of commissioners to the western interstate commission for higher education. (1) In making the appointments of commissioners provided for in 20-25-801 , the governor shall appoint three members as follows:

(a) one member who is an educator engaged in the field of higher education in Montana;

(b) one member who is engaged in a professional occupation; and

(c) one member who is a legislator.

(2) The term of each commissioner is 4 years as provided in the compact. The legislator appointed shall serve until the expiration of the term of appointment, even though the legislative term may have ended.
Mont. Code Ann. § 20-1-206 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-206
20-1-206 Disturbance of school -- penalty
Status: in_force

20-1-206 . Disturbance of school -- penalty. Any person who shall willfully disturb any school or any school meeting shall be deemed guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not less than $10 or more than $100.
Mont. Code Ann. § 20-7-904 — MT Code / Title 20 / Chapter 7 / Part 9 / Section 20-7-904
20-7-904 Review and recommendations of proposals -- reporting
Status: in_force

20-7-904 . Review and recommendations of proposals -- reporting. (1) The policies of the board of public education must ensure that program proposals submitted by school districts to the superintendent of public instruction contain:

(a) evidence that identification procedures are comprehensive and appropriate;

(b) a program description including stated needs and measurable objectives designed to meet those needs;

(c) evidence that the activities are appropriate and will serve to achieve the program objectives; and

(d) a method to evaluate the effectiveness of the program.

(2) School districts may request assistance from the staff of the superintendent in formulating program proposals.

(3) The superintendent of public instruction shall supervise and coordinate the programs for gifted and talented children by:

(a) recommending to the board of public education the adoption of those policies necessary to establish a planned and coordinated program; and

(b) establishing a procedure for review and approval of program proposals.

(4) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the status and effectiveness of programs serving gifted and talented students. The report must include:

(a) the total number of schools applying for and receiving funds from the office of public instruction for gifted and talented programs pursuant to 20-7-903 and a breakdown by school size;

(b) a description of the ways in which districts applying for funds report meeting the requirements to include a child's parents in the gifted and talented evaluation process, pursuant to 20-7-902 ;

(c) the total number of students districts report evaluating for gifted and talented programs and the total number of students identified as gifted and talented;

(d) a description of the training provided by districts to teachers of gifted and talented students;

(e) a description of services provided by districts to gifted and talented students; and

(f) an evaluation of the effectiveness of gifted and talented programs, including measures such as:

(i) measures of student achievement or growth;

(ii) indicators of student and parent satisfaction with the programs; or

(iii) other gauges of program quality as determined by the office of public instruction.
Mont. Code Ann. § 20-9-362 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-362
20-9-362 Countywide levies to support BASE budgets
Status: in_force

20-9-362 . (Effective July 1, 2026) Countywide levies to support BASE budgets. (1) Pursuant to 20-9-141 , the portion of a district's BASE budget not funded by BASE aid, fund balance reappropriated, nonlevy revenue, and, if applicable, a district levy for support of a school not approved as an isolated school under the provisions of 20-9-302 is the district's BASE funding revenue requirement and must be funded through an elementary or high school countywide levy as described in this section.

(2) When the final school district general fund budgets of all school districts in the county have been adopted, the county superintendent shall separately total the BASE funding revenue requirements for the elementary and high school districts of the county, including any prorated levy requirements pursuant to subsection (3).

(3) The BASE funding revenue requirement for a joint school district must be prorated to each county in which a part of the district is located in the same proportion as the district ANB of the joint district is distributed by pupil residence in each county. The county superintendents of the counties affected shall jointly determine the BASE funding revenue requirement for each county as provided in 20-9-151 .

(4) The county superintendent shall apply any fund balance remaining from the prior fiscal year in the county elementary or high school BASE support fund to reduce the amount of revenue to be raised by the corresponding countywide levy.

(5) The county superintendent shall:

(a) calculate the number of mills to be levied on the taxable property in the county to finance the BASE funding levy requirement by subtracting from the amount determined in subsection (2) any fund balance determined under subsection (4) and then dividing the remaining total by the sum of:

(i) the amount of guaranteed tax base aid that the county will receive for each mill levied, as certified by the superintendent of public instruction; and

(ii) the taxable valuation of the district divided by 1,000; and

(b) report the number of mills required to fund the BASE funding levy requirement to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values.

(6) The county commissioners shall fix and set the countywide BASE funding levies in accordance with 20-9-142 .

(7) The county superintendent of each county shall submit a report of the revenue amounts used to establish the BASE funding 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.
Mont. Code Ann. § 20-7-131 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-131
20-7-131 Equivalency of completion of secondary education
Status: in_force

20-7-131 . Equivalency of completion of secondary education. The superintendent of public instruction shall issue, in accordance with the policies of the board of public education, appropriate documentation certifying that an eligible applicant has satisfied requirements for equivalency of completion of secondary education. Equivalency of completion of secondary education must include satisfactory completion of a testing program or an external diploma program approved by the board of public education.
Mont. Code Ann. § 20-25-512 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-512
20-25-512 Contracts waiving right to privacy prohibited
Status: in_force

20-25-512 . Contracts waiving right to privacy prohibited. A university or college facility may not require a student to sign any contract that would waive the student's right to privacy and due process of law.
Mont. Code Ann. § 20-25-233 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-233
20-25-233 Short title
Status: in_force

20-25-233 . Short title. Sections 20-25-233 through 20-25-236 may be cited as the "Montana Sustainable Agriculture Research and Education Act".
Mont. Code Ann. § 20-7-132 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-132
20-7-132 Firearms safety education
Status: in_force

20-7-132 . Firearms safety education. The trustees of a district are encouraged to establish and maintain a firearms safety education course. The trustees may adopt a course of instruction developed by the department of fish, wildlife, and parks, a law enforcement agency, or a firearms association as its firearms safety education course. Instructors from the department of fish, wildlife, and parks, a law enforcement agency, or a firearms association or a person recognized by the trustees as having expertise in firearms safety education may be used to provide the instruction.
Mont. Code Ann. § 20-25-241 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-241
20-25-241 Montana forest and conservation experiment station established
Status: in_force

20-25-241 . Montana forest and conservation experiment station established. There is hereby established in the university of Montana-Missoula forestry school a station to be known as the Montana forest and conservation experiment station, which shall be under the direction of the board of regents.
Mont. Code Ann. § 20-3-338 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-338
20-3-338 Trustees elected by single-member district
Status: in_force

20-3-338 . Trustees elected by single-member district. (1) At each regular school election, each trustee candidate in a single-member trustee district must be a qualified elector of the trustee district and have resided in the trustee district to be represented for at least 1 year prior to becoming a candidate for the trustee position.

(2) The election of each trustee must be submitted to the electors in the trustee district who are qualified to vote under the provisions of 20-20-301 .
Mont. Code Ann. § 20-32-101 — MT Code / Title 20 / Chapter 32 / Part 1 / Section 20-32-101
20-32-101 Purpose -- definition
Status: in_force

20-32-101 . Purpose -- definition. (1) The purpose of this part is to establish a Montana educational telecommunications network.

(2) For the purposes of this part, "network" means the Montana educational telecommunications network (METNET).

(3) The aims of the network are to provide:

(a) instructional and educational coursework and materials through telecommunications delivery to students in kindergarten through 12th grade in the Montana public school system;

(b) instructional and educational coursework and materials through telecommunications delivery to students enrolled in units of the Montana university system and the community colleges;

(c) instructional and professional development or other appropriate inservice training for teachers in the schools of the state; and

(d) telecommunications capabilities to agencies, subdivisions of state government, and public libraries in order to improve their ability to perform their responsibilities and duties.
Mont. Code Ann. § 20-25-402 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-402
20-25-402 Borrowing by regents
Status: in_force

20-25-402 . Borrowing by regents. (1) In carrying out the powers provided in 20-25-107 , 20-25-301 , and 20-25-302 , the regents may:

(a) borrow money for any purpose or purposes stated in parts 3 and 4 of this chapter, including, if considered desirable by the regents, the payment of interest on the money borrowed for a facility during the construction of the facility and for 1 year after construction and the creation of a reserve for the payment of bond principal and interest;

(b) make purchases on a time or installment basis;

(c) issue bonds, notes, and other securities, negotiable or otherwise, secured as provided in this section, including bearer bonds with appurtenant interest coupons, which must be fully negotiable notwithstanding any limitation on the source of payment of the bonds, notes, or securities, or fully registered bonds or bonds registered as to ownership of principal only;

(d) pledge for the payment of the purchase price of any facility or of the principal and interest on bonds, notes, or other securities authorized in this chapter or otherwise obligate:

(i) the net income received from rents, board, or both in housing, food service, and other facilities;

(ii) receipts from student building, activity, union, and other special fees prescribed by the regents for all students; and

(iii) (A) other income in the form of gifts, bequests, contributions, or federal grants of funds, including the proceeds or income from grants of lands or other real or personal property;

(B) receipts from athletic and other contests, exhibitions, and performances; and

(C) collections of admissions and other charges for the use of facilities, including all use by other persons, firms, and corporations for athletic and other contests, exhibitions, and performances and for the conduct of their business, educational, or governmental functions;

(e) make payments on loans or purchases from any other available income not obligated for those purposes, including receipts from sale of materials, equipment, and fixtures of the facilities or from sales of the facilities themselves, other than land;

(f) secure any bonds authorized under this section by a trust indenture between the regents and any bank or trust company within or outside of the state of Montana or by a resolution establishing covenants of the regents with the holders of the bonds relating to:

(i) the construction, operation, use, and insurance of the facilities;

(ii) the segregation, expenditure, and audit of accounts of the bond proceeds and of the income pledged;

(iii) the establishment and collection of rents, charges, admissions, and fees sufficient to provide net income adequate for prompt payment of principal and interest on bonds and creation and maintenance of reserves for that purpose; and

(iv) other matters that the regents may determine to be necessary or desirable for the security and marketability of the bonds;

(g) subject to the following provisions, issue and sell or exchange bonds, secured as provided in this section, for the refunding of any outstanding bonds or other obligations issued by the regents:

(i) refunding bonds may, with the consent of the holders of the bonds to be refunded, be exchanged at par plus accrued interest for all or part of the bonds or may be sold at a price not less than par plus accrued interest. They may be secured by a pledge of the same revenue as the bonds refunded or by a pledge of different or additional revenues received at the same unit of the university. This subsection (1)(g) may not require the holder of any outstanding bond to accept payment of the bond or the delivery of a refunding bond in exchange for the bond, except in accordance with the terms of the outstanding bond. Bonds may be issued to refund interest as well as principal actually due and payable if the revenue pledged for the bonds are not sufficient, but not to refund any bonds or interest due that can be paid from revenue then on hand.

(ii) refunding bonds may bear interest at a rate lower or higher than the bonds refunded by the refunding bonds if they are issued to refund matured principal or interest for the payment of which revenue on hand is not sufficient, for the purpose of releasing revenue required for payment of the outstanding bonds permitting the pledge of the revenue for the security of other bonds as well as the refunding bonds, subject to the rights of the holders of the outstanding bonds until those bonds are fully paid and redeemed. Except as authorized in the preceding sentence, refunding bonds may not be issued unless their average annual interest rate, computed to their stated maturity dates and excluding any premium from the computation, is at least 3/8 of 1% less than the average annual interest rate on the bonds refunded, computed to their respective stated maturity dates.

(iii) in any case in which refunding bonds are issued and sold 6 months or more before the earliest date on which all bonds refunded by the refunding bonds mature or are prepayable in accordance with their terms, the proceeds of the refunding bonds, including any premium and accrued interest, must be deposited in escrow with a suitable bank or trust company having its principal place of business within or outside of the state, which is a member of the federal reserve system and has a combined capital and surplus of not less than $1 million, and must be invested in the amount and in securities maturing on the dates and bearing interest at the rates that will be required to provide funds sufficient to pay when due the interest to accrue on each bond refunded to its maturity or, if it is prepayable, to the earliest prior date upon which the bond may be called for redemption from the proceeds of the refunding bonds and to pay and redeem the principal amount of each bond at maturity or, if prepayable, on that redemption date and any premium required for redemption on that date. The resolution or indenture authorizing the refunding bonds must irrevocably appropriate for these purposes the escrow fund and all income from the escrow fund and must provide for the call of all prepayable bonds in accordance with their terms. The securities to be purchased with the escrow funds must be limited to general obligations of the United States, securities for which principal and interest payments are guaranteed by the United States, and securities issued by the following United States government agencies, including only banks for cooperatives, federal home loan banks, federal intermediate credit banks, federal land banks, and the federal national mortgage association. The securities must be purchased simultaneously with the delivery of the refunding bonds.

(iv) revenue or other funds on hand in excess of the amount pledged by resolutions or indentures authorizing outstanding bonds for the payment of principal and interest currently due on the outstanding bonds and reserves securing the payment may be used to pay the expenses incurred by the regents for the purpose of refunding, including but without limitation the cost of advertising and printing refunding bonds, legal and financial advice and assistance in connection with refunding the bonds, and the reasonable and customary charges of escrow agents and paying agents. Revenue and other funds on hand, including reserves pledged for the payment and security of outstanding revenue bonds, may be deposited in an escrow fund created for the retirement of those bonds and may be invested and disbursed as provided in subsection (1)(g)(iii) to the extent consistent with the resolutions or indentures authorizing the outstanding bonds.

(h) sell bonds and sell or exchange refunding bonds issued under this section in the manner and upon the terms as to maturities, interest rates, and redemption privileges and for the price that the regents determine with the approval of the department of administration.

(2) If applicable, the regents shall specify whether the bonds issued under this section are tax credit bonds as provided in 17-5-117 .
Mont. Code Ann. § 20-4-127 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-127
20-4-127 Certification reciprocity for military members, military spouses, and veterans -- requirements
Status: in_force

20-4-127 . Certification reciprocity for military members, military spouses, and veterans -- requirements. (1) The superintendent of public instruction shall issue a teacher certificate and endorsement or specialist certificate as provided by Title 20 to a person:

(a) who is certified and endorsed in good standing in another state or a United States territory as a teacher or specialist; and

(b) (i) who is a member of the armed forces of the United States or whose spouse is a member of the armed forces of the United States;

(ii) who is subject to military orders for a change of station to a duty station in this state, who is in the process of a change of station to a duty station in this state, who has been honorably discharged and is relocated to this state, or whose spouse is the subject of a military transfer to this state;

(iii) who is the spouse of a military member, and the spouse left employment to accompany the military member to this state; or

(iv) who is the dependent of an active-duty member of the United State armed forces who has been transferred to Montana, is scheduled to be transferred to Montana, is domiciled in Montana, or has moved to Montana on a permanent change-of-station basis.

(2) In issuing a certificate and endorsement under subsection (1), the superintendent of public instruction may:

(a) issue the person a certificate and endorsement if the superintendent of public instruction determines the requirements for certification and endorsement in the other state are substantially equivalent to the requirements in this state; or

(b) if the requirements for certification and endorsement are not substantially equivalent, issue the person a temporary teacher certificate and endorsement or specialist certificate to authorize the person as a teacher or specialist while completing any specific requirements by the office of public instruction.

(3) The provisions of subsection (1) do not apply to a person whose teacher certificate or specialist certificate is not in good standing with another state or who is subject to pending charges or final disciplinary action for unprofessional conduct or impairment.
Mont. Code Ann. § 20-25-244 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-244
20-25-244 Oath of office
Status: in_force

20-25-244 . Oath of office. The dean of the forestry school, the officers and employees of said station, appointed or assigned, and their assistants shall take an oath to:

(1) perform all the services required of them under 20-25-241 through 20-25-245 ;

(2) guard carefully all confidential information accumulated in the progress of their work; and

(3) turn in to the station as state property all correspondence, notes, illustrations, and data of any kind accumulated by them in performing the work of the station.
Mont. Code Ann. § 20-7-801 — MT Code / Title 20 / Chapter 7 / Part 8 / Section 20-7-801
20-7-801 Public recreation program authorized
Status: in_force

20-7-801 . Public recreation program authorized. (1) Any city or town, including any board of park commissioners, may expend funds from the band fund and the park fund of the city or town for the purpose of operating a program of public recreation and playgrounds and for this purpose may acquire, equip, and maintain land, buildings, and other recreation facilities.

(2) Any school district may cooperate in such program.
Mont. Code Ann. § 20-15-308 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-308
20-15-308 Deposit of moneys
Status: in_force

20-15-308 . Deposit of moneys. Community college district moneys shall be deposited with the county treasurer of the county where the community college is located or with other depositories approved by the regents.
Mont. Code Ann. § 20-25-308 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-308
20-25-308 Prohibition on transfer to foundation
Status: in_force

20-25-308 . Prohibition on transfer to foundation. In order to implement the provisions of Article VIII, section 12, of the Montana constitution, ownership of the following may not be transferred to a nonprofit corporation or foundation established for the benefit of a unit of the university system unless full market value is received for the transfer and laws applicable to the disposition of property are followed:

(1) money in the higher education funds provided for in 17-2-102 ;

(2) excess proceeds of money borrowed pursuant to 20-25-402 ; and

(3) except as provided in 20-25-309 , real or personal property acquired with money listed in subsection (1) or proceeds listed in subsection (2).
Mont. Code Ann. § 20-5-101 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-101
20-5-101 Admittance of child to school
Status: in_force

20-5-101 . Admittance of child to school. (1) The trustees shall assign and admit a child to a school in the district when the child is:

(a) 5 years of age or older on or before September 10 of the year in which the child is to enroll but is not yet 19 years of age;

(b) a resident of the district; and

(c) otherwise qualified under the provisions of this title to be admitted to the school.

(2) The trustees of a district may assign and admit any nonresident child to a school in the district under the tuition provisions of this title.

(3) (a) The trustees may at their discretion assign and admit a child to a school in the district who is under 5 years of age or an adult who is 19 years of age or older if there are exceptional circumstances that merit waiving the age provision of this section. The trustees may also admit an individual who has graduated from high school but is not yet 19 years of age even though no special circumstances exist for waiver of the age provision of this section.

(b) As used in this subsection (3), "exceptional circumstances" means any of the following:

(i) the child is being admitted into a preschool program established by the trustees pursuant to 20-7-117 ;

(ii) the child is determined by the trustees to be ready for kindergarten and the child's parents have requested early entry into the district's regular 1-year kindergarten program;

(iii) the child is being admitted into an early targeted intervention classroom or jumpstart program pursuant to Title 20, chapter 7, part 18;

(iv) the child is a child with a disability and is being admitted into a special education program pursuant to 20-7-411 ; or

(v) the adult is 19 years of age or older and in the trustees' determination would benefit from educational programs offered by a school of the district.

(c) The admittance of an individual under this subsection (3) does not in and of itself impact the ANB calculations governed by 20-9-311 .

(4) The trustees shall assign and admit a child who is homeless, as defined in the Stewart B. McKinney Homeless Assistance Act, Public Law 100-77, to a school in the district regardless of residence. The trustees may not require an out-of-district attendance agreement or tuition for a homeless child.

(5) The trustees shall assign and admit a child whose parent or guardian is being relocated to Montana under military orders to a school in the district and allow the child to preliminarily enroll in classes and apply for programs offered by the district prior to arrival and establishing residency.

(6) Except for the provisions of subsection (4), tuition for a nonresident child must be paid in accordance with the tuition provisions of this title.

(7) The trustees' assignment of a child meeting the qualifications of subsection (1) to a school in the district outside of the adopted school boundaries applicable to the child is subject to the district's grievance policy. Upon completion of procedures set forth in the district's grievance policy, the trustees' decision regarding the assignment is final.

(8) The trustees shall assign and admit a child who is enrolled in a nonpublic or home school and who meets the requirements of subsection (1) as a part-time enrollee at the request of the child's parent or guardian.

(9) For the purposes of this part, "part-time enrollee" means a qualifying pupil who is enrolled and admitted at one of the fractional levels that qualify for part-time ANB pursuant to 20-9-311 (4)(a) or (4)(d).
Mont. Code Ann. § 20-9-221 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-221
20-9-221 Procedure for issuance of warrants
Status: in_force

20-9-221 . Procedure for issuance of warrants. (1) The trustees of each district shall issue all warrants, and the warrants must identify the fund on which the warrant is drawn.

(2) All warrants issued by a district must be countersigned by the presiding officer of the trustees and the clerk of the district before the warrants are negotiable. Facsimile signatures may be used in accordance with the provisions of 2-16-114 . A facsimile signature device used under authority of this section may not be available to the other countersigner of the warrant, or the device must have a nonresettable metering control that can provide a positive reconciliation between the number of warrants issued and the number of signatures applied. Either split signature plates or a double signature plate may be used according to the requirements of the district. The signature plates and the device keys must be kept secure by the district clerk under the supervision of the board of trustees of the district.

(3) The trustees may issue warrants in multiple copies. If multiple copies are issued, the copies must be identified on the face of the warrant as "Not Negotiable--Copy of Original".

(4) However, the trustees may elect to issue warrants in payment of wages and salaries on a direct deposit basis to the employee's account in a local bank, provided the consent of the employee has been obtained and the employee is given an itemized statement of payroll deductions for each pay period.
Mont. Code Ann. § 20-7-463 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-463
20-7-463 Surrogate parent -- immunity from liability -- reimbursement
Status: in_force

20-7-463 . Surrogate parent -- immunity from liability -- reimbursement. (1) A person appointed as a surrogate parent is exempt from liability for any act or omission performed by the person in the capacity as a surrogate parent except an act or omission that is found to have been committed in a grossly negligent or malicious manner.

(2) A surrogate parent has the same protection and immunity in professional communications as a teacher.

(3) A surrogate parent must be reimbursed by the school district for all reasonable and necessary expenses incurred in the pursuit of the surrogate parent's duties, as prescribed by rules adopted by the superintendent of public instruction.
Mont. Code Ann. § 20-7-101 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-101
20-7-101 Accreditation standards -- process for adoption
Status: in_force

20-7-101 . Accreditation standards -- process for adoption. (1) (a) Accreditation standards, as defined in 20-1-101 , for all schools must be adopted by the board of public education upon the recommendations of the superintendent of public instruction. The superintendent shall develop recommendations in accordance with subsection (2). For an accreditation standard that requires implementation by school districts, the recommendations presented to the board must include an economic impact statement, as described in 2-4-405 , prepared in consultation with the negotiated rulemaking committee under subsection (2).

(b) For accreditation standards addressing academic requirements, program area standards, or content and performance standards, the economic impact statement under subsection (1)(a) must include an analysis of the ability of school districts to implement the standard within existing resources, including time. The intent of this subsection (1)(b) is to ensure that school districts have the capacity to adhere to required accreditation standards within a basic system of free quality public elementary and secondary schools.

(2) The accreditation standards recommended by the superintendent of public instruction must be developed through the negotiated rulemaking process under Title 2, chapter 5, part 1. The superintendent may form a negotiated rulemaking committee for accreditation standards to consider multiple proposals. The negotiated rulemaking committee may not exist for longer than 2 years. The committee must represent the diverse circumstances of schools of all sizes across the state and must include representatives from the following groups:

(a) school district trustees;

(b) school administrators;

(c) teachers;

(d) school business officials;

(e) parents;

(f) taxpayers; and

(g) for content and performance standard revisions, representatives of Montana Indian tribes, as required under 20-1-503 .

(3) Prior to adoption or amendment of any accreditation standard, the board shall submit each proposal, including the economic impact statement required under subsection (1), to:

(a) during a regular legislative session, the joint appropriations subcommittee on education; or

(b) during the legislative interim, the education interim budget committee established in 5-12-501 , for review at least 1 month in advance of a scheduled committee meeting.

(4) Unless the expenditures by school districts required under the proposal are determined by the appropriate committee under subsection (3) to be insubstantial expenditures that can be readily absorbed into the budgets of existing district programs, the board may not implement the standard until July 1 following:

(a) under subsection (3)(a), the current legislative session; or

(b) under subsection (3)(b), the next regular legislative session and shall request the superintendent of public instruction include a request in the superintendent's budget that the same legislature fund implementation of the proposed standard.

(5) The provisions of this section may not be construed to reduce or limit the authority of the education interim committee to review administrative rules, including accreditation standards, within its jurisdiction pursuant to 5-5-215 .

(6) Standards for the retention of school records must be as provided in 20-1-212 .
Mont. Code Ann. § 20-5-201 — MT Code / Title 20 / Chapter 5 / Part 2 / Section 20-5-201
20-5-201 Duties and sanctions
Status: in_force

20-5-201 . Duties and sanctions. (1) A pupil:

(a) shall comply with the policies of the trustees and the rules of the school that the pupil attends;

(b) shall pursue the required course of instruction;

(c) shall submit to the authority of the teachers, principal, and district superintendent of the district; and

(d) is subject to the control and authority of the teachers, principal, and district superintendent while the pupil is in school or on school premises, on the way to and from school, or during intermission or recess.

(2) A pupil who disobeys the provisions of this section, shows open defiance of the authority vested in school personnel by this section, defaces or damages any school building, school grounds, furniture, equipment, or book belonging to the district, harms or threatens to harm another person or the person's property, or otherwise violates district policy regarding pupil conduct is subject to punishment, suspension, or expulsion under the provisions of this title. When a pupil defaces or damages school property, the pupil's parent or guardian is liable for the cost of repair or replacement upon the complaint of the teacher, principal, superintendent, or any trustee and the proof of any damage. This subsection does not apply to a pupil who is protecting the pupil's self or another person as provided in 20-5-209 .

(3) In addition to the sanctions prescribed in this section, the trustees of a high school district may deny a high school pupil the honor of participating in the graduation exercise or exclude a high school pupil from participating in school activities. The trustees may not take action under this subsection until the incident or infraction causing the consideration has been investigated and the trustees have determined that the high school pupil was involved in the incident or infraction.

(4) (a) A school district may withhold the grades, diploma, or transcripts of a pupil who is responsible for the cost of school materials or the loss or damage of school property until the pupil or the pupil's parent or guardian satisfies the obligation.

(b) A school district that decides to withhold a pupil's grades, diploma, or transcripts from the pupil and the pupil's parent or guardian pursuant to subsection (4)(a) shall:

(i) upon receiving notice that the pupil has transferred to another school district in the state, notify the pupil's parent or guardian in writing that the school district to which the pupil has transferred will be requested to withhold the pupil's grades, diploma, or transcripts until any obligation has been satisfied;

(ii) forward appropriate grades or transcripts to the school to which the pupil has transferred;

(iii) at the same time, notify the school district of any financial obligation of the pupil and request the withholding of the pupil's grades, diploma, or transcripts until any obligations are met;

(iv) when the pupil or the pupil's parent or guardian satisfies the obligation, inform the school district to which the pupil has transferred; and

(v) adopt a policy regarding a process for a pupil or the pupil's parent or guardian to appeal the school district's decision to request that another school district withhold a pupil's grades, diploma, or transcripts.

(c) Upon receiving notice that a school district has requested the withholding of the grades, diploma, or transcripts of a pupil under this subsection (4), a school district to which the pupil has transferred shall withhold the grades, diploma, or transcripts of the pupil until it receives notice from the district that initiated the decision that the decision has been rescinded under the terms of subsection (4)(a).
Mont. Code Ann. § 20-7-117 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-117
20-7-117 Kindergarten and preschool programs
Status: in_force

20-7-117 . Kindergarten and preschool programs. (1) The trustees of an elementary district shall establish or make available a kindergarten program capable of accommodating, at a minimum, all the children in the district who will be 5 years old on or before September 10 of the school year for which the program is to be conducted or who have been admitted through the exceptional circumstances provision under 20-5-101 by the board of trustees. The kindergarten program must:

(a) meet, at a minimum, the half-time aggregate hour requirements under 20-1-301 ;

(b) be an integral part of the elementary school and must be financed and governed accordingly, provided that to be eligible for inclusion in the calculation of ANB pursuant to 20-9-311 , a child must have reached 5 years of age on or before September 10 of the school year covered by the calculation or have been admitted to the district's kindergarten program by the board of trustees through the exceptional circumstances provision under 20-5-101 ; and

(c) if offered full-time, allow a parent, guardian, or other person who is responsible for the enrollment of a child in school, as provided in 20-5-102 , to enroll the child half-time.

(2) The trustees of an elementary school district may establish and operate a free preschool program for children between the ages of 3 and 5 years. When preschool programs are established, they must be an integral part of the elementary school and must be governed accordingly. Financing of preschool programs may not be supported by money available from state equalization aid.

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

(a) "Kindergarten program" means a 1-year program immediately preceding a child's entry into 1st grade with curriculum and instruction selected by the board of trustees and aligned to the content standards established by the board of public education.

(b) "Preschool program" means a half-time or full-time program to prepare children for entry into kindergarten and governed by standards adopted by the board of public education.
Mont. Code Ann. § 20-5-111 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-111
20-5-111 Responsibilities and rights of parent who provides home school
Status: in_force

20-5-111 . Responsibilities and rights of parent who provides home school. Subject to the provisions of 20-5-109 , a parent has the authority to instruct the parent's child, stepchild, or ward in a home school and is solely responsible for:

(1) the educational philosophy of the home school;

(2) the selection of instructional materials, curriculum, and textbooks;

(3) the time, place, and method of instruction; and

(4) the evaluation of the home school instruction.
Mont. Code Ann. § 20-9-461 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-461
20-9-461 Purpose
Status: in_force

20-9-461 . Purpose. Section 20-9-464 and this section are intended to improve the marketability of bonds issued by school districts in order that the bonds may be sold upon the most favorable terms.
Mont. Code Ann. § 20-9-204 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-204
20-9-204 Conflicts of interests, letting contracts, and calling for bids -- exceptions
Status: in_force

20-9-204 . Conflicts of interests, letting contracts, and calling for bids -- exceptions. (1) It is unlawful for a trustee to:

(a) have any pecuniary interest, either directly or indirectly, in any contract made by the trustee while acting in that official capacity or by the board of trustees of which the trustee is a member; or

(b) be employed in any capacity by the trustee's own school district, with the exception of officiating at athletic competitions under the auspices of the Montana officials association.

(2) For the purposes of subsection (1):

(a) "contract" does not include:

(i) merchandise sold to the highest bidder at public auctions;

(ii) investments or deposits in financial institutions that are in the business of loaning or receiving money when the investments or deposits are made on a rotating or ratable basis among financial institutions in the community or when there is only one financial institution in the community; or

(iii) contracts for professional services, other than salaried services, or for maintenance or repair services or supplies when the services or supplies are not reasonably available from other sources if the interest of any board member and a determination of the lack of availability are entered in the minutes of the board meeting at which the contract is considered; and

(b) "pecuniary interest" does not include holding an interest of 10% or less in a corporation.

(3) (a) Except for district needs that must be met because of an unforeseen emergency, as defined in 20-3-322 (6), or as provided in subsections (4) and (6) of this section, whenever any building, furnishing, repairing, or other work for the benefit of the district or purchasing of supplies for the district is necessary, the work done or the purchase made must be by contract if the sum exceeds $80,000.

(b) Except as provided in Title 18, chapter 2, part 5, each contract must be let to the lowest responsible bidder after advertisement for bids. The advertisement for bids under this subsection (3)(b) must be published in the newspaper that will give notice to the largest number of people of the district as determined by the trustees. The advertisement must be made once each week for 2 consecutive weeks, and the second publication must be made not less than 5 days or more than 12 days before consideration of bids. A contract not let pursuant to this section is void. The bidding requirements applicable to services performed for the benefit of the district under this section do not apply to:

(i) a registered professional engineer, surveyor, real estate appraiser, or registered architect;

(ii) a physician, dentist, pharmacist, or other medical, dental, or health care provider;

(iii) an attorney;

(iv) a consulting actuary;

(v) a private investigator licensed by any jurisdiction;

(vi) a claims adjuster;

(vii) an accountant licensed under Title 37, chapter 50; or

(viii) a project, as defined in 18-2-501 , for which a governing body, as defined in 18-2-501 , enters into an alternative project delivery contract pursuant to Title 18, chapter 2, part 5.

(4) A district may enter into a cooperative purchasing contract for the procurement of supplies or services with one or more districts. A district participating in a cooperative purchasing group may purchase supplies and services through the group without complying with the provisions of subsection (3) if the cooperative purchasing group has a publicly available master list of items available with pricing included and provides an opportunity at least twice yearly for any vendor, including a Montana vendor, to compete, based on a lowest responsible bidder standard, for inclusion of the vendor's supplies and services on the cooperative purchasing group's master list.

(5) This section may not require the board of trustees to let a contract for any routine and regularly performed maintenance or repair project or service that can be accomplished by district staff whose regular employment with the school district is related to the routine performance of maintenance for the district.

(6) Subsection (3) does not apply to the solicitation or award of a contract for an investment grade energy audit or an energy performance contract pursuant to Title 90, chapter 4, part 11, including construction and installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 20-3-313 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-313
20-3-313 Election by acclamation -- notice
Status: in_force

20-3-313 . Election by acclamation -- notice. (1) If the number of candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate under 20-3-305 (2)(b) is equal to or less than the number of positions to be elected, the trustees may cancel the election.

(2) If the election is canceled, the trustees shall give notice that a trustee election will not be held. Notice must be given no later than 30 days before the election.

(3) If a trustee election is not held, the trustees shall declare elected by acclamation the candidate who filed for the position or who filed a declaration of intent to be a write-in candidate and shall issue a certificate of election to the candidate.

(4) An election for a trustee in a single-member district as provided in 20-3-338 or in a trustee nominating district as provided in 20-3-353 is considered a separate trustee election for the purposes of declaring election by acclamation as provided in this section.
Mont. Code Ann. § 20-1-202 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-202
20-1-202 Oath of office
Status: in_force

20-1-202 . Oath of office. Any person elected or appointed to any public office authorized by this title shall take the oath of office before qualifying for and assuming the office. If an officer has a written appointment or commission, the officer's oath must be endorsed on the appointment or commission, otherwise the oath may be taken orally, and, in either case, it may, without charge or fee, be sworn to before an officer authorized to administer oaths for the public office.
Mont. Code Ann. § 20-7-1705 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1705
20-7-1705 Parent responsibilities
Status: in_force

20-7-1705 . Parent responsibilities. (1) In order for a qualified student to participate in the Montana special needs equal opportunity education savings account program during the time periods designated by the superintendent of public instruction pursuant to 20-7-1706 , the superintendent of public instruction shall require parents of qualified students who wish to participate in the program to notify the superintendent of public instruction and sign a contract with the superintendent of public instruction to do the following:

(a) utilize account funds to procure allowable educational resources under 20-7-1704 to develop the qualified student's full educational potential;

(b) release the resident school district from all obligations to educate the qualified student, including any requirements that the district provide a free and appropriate education to the qualified student or develop an individualized education program for the qualified student;

(c) submit to the superintendent of public instruction copies of receipts for allowable educational resources for reimbursement;

(d) if the qualified student is re-enrolled in a public school, immediately notify the superintendent of public instruction; and

(e) if the qualified student enrolls at a qualified school, ensure that the qualified student:

(i) remains in attendance unless excused by the qualified school for illness or other good cause; and

(ii) complies with the qualified school's published policies.

(2) If a qualified student re-enrolls full-time in a public school district, the superintendent of public instruction shall terminate payments for the student to the Montana special needs equal opportunity education savings account.
Mont. Code Ann. § 20-9-430 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-430
20-9-430 Sale of school district bonds and notice of public sale
Status: in_force

20-9-430 . Sale of school district bonds and notice of public sale. The trustees may sell school district bonds at public or private sale pursuant to 17-5-107 . If the trustees conduct a public sale, the trustees shall give notice of the sale of school district bonds. The notice must state the purpose for which the bonds are to be issued and the amount proposed to be issued and must be substantially in the following form:

NOTICE OF SALE OF SCHOOL DISTRICT BONDS

Notice is hereby given by the trustees of School District No. .............. of ............ County, state of Montana, that the trustees will on the .......... day of ..................., .............., at the hour of .......... o'clock .....m. at .............., in the school district, sell to the highest and best bidder for cash (state here: general obligation, oil and natural gas revenue, or impact aid revenue) bonds of the school district in the total amount of ............. dollars ($...............), for the purpose of ..............................

The bonds will be issued and sold in the aggregate principal amount of ............. dollars ($.........) each and will become payable according to the maturity schedule set forth below (set forth maturity schedule adopted by the school district). (If the bonds are to be issued as amortization bonds, indicate that here.)

The bonds will bear an original issue date of ............., ..........., will pay interest commencing on the .............. day of ............. (month), .........., will be payable semiannually on the .............. day of ............ (month) and ............. (month) in each year thereafter, and will be redeemable in full. (Here insert optional provisions, if any, to be recited on the bonds.)

The bonds will be sold for not less than $ ................., with accrued interest on the principal amount of the bonds to the date of their delivery, and all bidders shall state the lowest rate of interest at which they will purchase the bonds at the price specified for the bonds. The trustees reserve the right to reject any bids and to sell the bonds at private sale.

All bids must be accompanied by (insert appropriate bid security as permitted by 18-1-202 ) in the sum of .............. dollars ($ ...............) payable to the order of the district, which will be forfeited by the successful bidder in the event that the bidder refuses to purchase the bonds.

All bids should be addressed to the undersigned district.

....................................

Presiding officer, School District No..............

of..................... County

Address: ...........................................

ATTEST:

Subscribed and sworn to before me this ................ day of ..................., ...........; ................... Notary Public for the State residing at .........................., Montana. My commission expires ...........................
Mont. Code Ann. § 20-6-417 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-417
20-6-417 Property disposition when district boundaries changed
Status: in_force

20-6-417 . Property disposition when district boundaries changed. Whenever district boundaries are changed, title to the real and personal property of the districts involved in such boundary change shall vest in the district which encompasses the territory where such real or personal property was located at the time the legal procedure to authorize the boundary change was introduced. The disposition or utilization of such property will be in the discretion of the trustees of the district encompassing the territory of its location, as provided by law.
Mont. Code Ann. § 20-3-109 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-109
20-3-109 Honorary high school diploma for certain veterans
Status: in_force

20-3-109 . Honorary high school diploma for certain veterans. (1) The superintendent of public instruction may award an honorary high school diploma to a current or former Montana resident who:

(a) did not receive a high school diploma; and

(b) actively served in the United States armed services during World War II from 1939 through 1947, during the Korean war from 1950 through 1953, or during the Vietnam conflict from 1961 through 1975; and

(i) died in active service;

(ii) was honorably discharged; or

(iii) was released from active duty because of a service-related disability.

(2) (a) The superintendent shall identify acceptable documentation of eligibility and establish procedures for applying for an honorary diploma.

(b) The superintendent may accept an affidavit to support the award if acceptable documentation is not readily available from the military or other sources.

(3) An eligible person shall apply for the diploma on a form provided by the superintendent. If an eligible person is deceased or incapacitated, an immediate family member may apply on the person's behalf.
Mont. Code Ann. § 20-2-402 — MT Code / Title 20 / Chapter 2 / Part 4 / Section 20-2-402
20-2-402 Purpose
Status: in_force

20-2-402 . Purpose. It is the purpose of this part to promote the education and welfare of the people of this state by creating an agency which meets the requirements of federal law to cooperate with the federal government in the establishment and administration of programs for higher education provided for by the congress of the United States.
Mont. Code Ann. § 20-4-501 — MT Code / Title 20 / Chapter 4 / Part 5 / Section 20-4-501
20-4-501 Quality educator loan assistance program -- purpose
Status: in_force

20-4-501 . Quality educator loan assistance program -- purpose. (1) There is a quality educator loan assistance program administered by the superintendent of public instruction. The program must provide for the direct repayment of educational loans of eligible quality educators in accordance with policies and procedures adopted by the superintendent of public instruction in accordance with this part.

(2) The purpose of this program is to aid quality educator recruitment and retention for those schools most impacted by critical quality educator shortages. The program must be implemented in a manner that maximizes recruitment and retention assistance to impacted schools.
Mont. Code Ann. § 20-4-104 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-104
20-4-104 Qualifications
Status: in_force

20-4-104 . Qualifications. (1) A person may be certified as a teacher when the person satisfies the following qualifications. The person:

(a) is 18 years of age or older;

(b) is of good moral and professional character and has completed a fingerprint-based national criminal history background check pursuant to the educator licensure policies of the board of public education;

(c) (i) has completed the teacher education program of a unit of the Montana university system or an essentially equivalent program at an accredited institution of equal rank and standing as that of any unit of the Montana university system, and the training is evidenced by at least a bachelor's degree and a certification of the completion of the teacher education program, except as provided for in 20-4-106 (1)(d);

(ii) possesses a current certification from the national board for professional teaching standards;

(iii) possesses a current educator license from another state or country and successful experience as determined by the board of public education; or

(iv) has completed the alternative teacher certification and endorsement program provided for in 20-4-120 ; and

(d) has subscribed to the following oath or affirmation before an officer authorized by law to administer oaths:

"I solemnly swear (or affirm) that I will support The Constitution of the United States of America and The Constitution of the State of Montana."

(2) Any person may be certified as a specialist when the person satisfies the requirements of subsections (1)(a) and (1)(b) and the requirement for a specialist certificate provided in 20-4-106 (2).
Mont. Code Ann. § 20-7-475 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-475
20-7-475 Blind persons' literacy rights and education -- personnel training
Status: in_force

20-7-475 . Blind persons' literacy rights and education -- personnel training. The board of public education shall establish standards to ensure that individuals who provide Braille instruction are appropriately trained and supervised.
Mont. Code Ann. § 20-25-426 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-426
20-25-426 Donations, grants, gifts
Status: in_force

20-25-426 . Donations, grants, gifts. All donations, grants, gifts, or devises must be made to each unit in its legal name or to the Montana university system assistance program established by 20-25-455 . If made to any officer or board of the unit, the donations, grants, gifts, or devises must be immediately transferred to the unit.
Mont. Code Ann. § 20-3-107 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-107
20-3-107 Controversy appeal
Status: in_force

20-3-107 . Controversy appeal. (1) The superintendent of public instruction shall decide matters of controversy when they are appealed from:

(a) a decision of a county superintendent rendered under the provisions of 20-3-210 , except for a decision of a county superintendent or an arbitrator in a teacher termination case; or

(b) a decision of a county transportation committee rendered under the provisions of 20-10-132 .

(2) The superintendent of public instruction shall make a decision on the basis of the transcript of the fact-finding hearing conducted by the county superintendent or county transportation committee and documents presented at the hearing. The superintendent of public instruction may require, if considered necessary, affidavits, verified statements, or sworn testimony as to the facts in issue. The decision of the superintendent of public instruction is final, subject to the proper legal remedies in the state courts. The proceedings must be commenced no later than 60 days after the date of the decision of the superintendent of public instruction.

(3) In order to establish a uniform method of hearing and determining matters of controversy arising under this title, the superintendent of public instruction shall prescribe and enforce rules of practice and regulations for the conduct of hearings and the determination of appeals by all school officials of the state.

(4) Whenever in a contested case the superintendent of public instruction is disqualified from rendering a final decision, the superintendent of public instruction shall appoint a hearings examiner as provided in 2-4-611 and the decision of the hearings examiner constitutes the superintendent's final order except as provided in this subsection. The final order is subject to all the provisions of Title 2, chapter 4, relating to final agency decisions or orders, including judicial review under Title 2, chapter 4, part 7.
Mont. Code Ann. § 20-3-336 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-336
20-3-336 Single-member trustee districts -- legislative intent -- minority defined
Status: in_force

20-3-336 . Single-member trustee districts -- legislative intent -- minority defined. (1) It is the intent of the legislature to provide a board of trustees of a school district with the option to:

(a) review the voting and population patterns of minorities of the school district, as determined by the most recent federal decennial census, voting records, and other pertinent information; and

(b) create single-member trustee districts within the school district:

(i) if the board determines that the present trustee selection process does not serve the best interests of the electors of the district or ensure that the access of minority populations to the political process is not diluted in contravention of federal law; or

(ii) pursuant to a petition as provided in 20-3-337 .

(2) "Minority", as used in 20-3-337 and this section, means a minority whose rights are protected under section 2 of the Voting Rights Act of 1965, 52 U.S.C. 10301, as amended.
Mont. Code Ann. § 20-25-235 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-235
20-25-235 Duties of Montana agricultural experiment station and cooperative extension service
Status: in_force

20-25-235 . Duties of Montana agricultural experiment station and cooperative extension service. The Montana agricultural experiment station and the cooperative extension service shall:

(1) develop a usable database of existing research in low-input, sustainable agriculture;

(2) conduct educational programs for producers using material from the database. Programs must include teaching producers techniques of low-input agriculture, assessment of risks involved with change, and marketing of products from their farms and ranches.

(3) extend research on the use of legumes to supply a portion of the nitrogen required by field crops;

(4) work with producers in establishing integrated pest management;

(5) begin research and development of marketable specialty crops and livestock that are integral to sustainable farming systems; and

(6) identify specific areas in which additional research is needed to enhance the adoption and success of low-input, sustainable agriculture in Montana.
Mont. Code Ann. § 20-25-810 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-810
20-25-810 Contract requirements for university of Washington cooperative medical education program
Status: in_force

20-25-810 . Contract requirements for university of Washington cooperative medical education program. (1) (a) An individual accepted into the cooperative medical education program with the university of Washington school of medicine shall, before confirming enrollment in the program, enter into a contract specifying whether the individual will commit to entering active full-time professional practice in Montana for a period of 3 years within 1 year of obtaining professional status.

(b) Residency in a family medicine residency program in Montana must be credited toward the practice requirement of this section at a rate of one-third year for each year of service in the residency program.

(2) An individual who decides against committing to entering full-time professional practice in Montana shall pay 2.5 times the fee established in 20-26-1502 . The fee must be deposited in the state special revenue account provided for in 20-26-1501 .

(3) (a) An individual who fails to honor a commitment to return to Montana to enter full-time professional practice for the full 3-year period shall repay the full amount of the individual medicine support fee paid by the state for the individual's medical education.

(b) Repayment must begin within 1 year of obtaining professional status and must be completed within 10 years of the date the repayment requirement began.

(c) Interest must accrue at the time the loan becomes due at a rate equal to the rate for the federal Stafford loan, adjusted annually but not to exceed 8%.

(4) The repayment obligation may be:

(a) suspended if repayment is temporarily impossible or would create extreme hardship for a temporary period, including but not limited to suspension for medical reasons, personal reasons, parental leave, or call to active duty in the armed forces; or

(b) waived if repayment is permanently impossible or would create extreme hardship, including but not limited to death, inability to complete the program, or inability to obtain professional status due to disability or another reason.

(5) The board of regents may adopt policies to carry out the provisions of this section including but not limited to:

(a) determination of the time at which an individual obtains professional status; and

(b) the circumstances under which repayment of the medicine support fee may be suspended or waived.
Mont. Code Ann. § 20-3-205 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-205
20-3-205 Powers and duties
Status: in_force

20-3-205 . Powers and duties. (1) The county superintendent has general supervision of the schools of the county within the limitations prescribed by this title and shall perform the following duties or acts:

(a) determine, establish, and reestablish trustee nominating districts in accordance with the provisions of 20-3-352 , 20-3-353 , and 20-3-354 ;

(b) administer and file the oaths of members of the boards of trustees of the districts in the county in accordance with the provisions of 20-3-307 ;

(c) register the teacher or specialist certificates or emergency authorization of employment of any person employed in the county as a teacher, specialist, principal, or district superintendent in accordance with the provisions of 20-4-202 ;

(d) file a copy of the audit report for a district in accordance with the provisions of 20-9-203 ;

(e) classify districts in accordance with the provisions of 20-6-201 and 20-6-301 ;

(f) keep a transcript of the district boundaries of the county;

(g) fulfill all responsibilities assigned under the provisions of this title regulating the organization, alteration, or abandonment of districts;

(h) act on any unification proposition and, if approved, establish additional trustee nominating districts in accordance with 20-6-312 and 20-6-313 ;

(i) estimate the ANB of an opening school in accordance with the provisions of 20-6-502 , 20-6-503 , 20-6-504 , or 20-6-506 ;

(j) process and, when required, act on school isolation applications in accordance with the provisions of 20-9-302 ;

(k) complete the budgets, compute the budgeted revenue and tax levies, file final budgets and budget amendments, and fulfill other responsibilities assigned under the provisions of this title;

(l) monthly, unless otherwise provided by law, order the county treasurer to apportion state money, county school money, and any other school money subject to apportionment in accordance with the provisions of 20-9-212 , 20-9-347 , 20-10-145 , or 20-10-146 ;

(m) estimate increases in ANB in accordance with the provisions of 20-9-313 ;

(n) calculate the estimated budgeted general fund sources of revenue in accordance with the general fund revenue provisions of the general fund part of this title;

(o) compute the revenue and compute the district and county levy requirements for each fund included in each district's final budget and report the computations to the board of county commissioners in accordance with the provisions of the general fund, transportation, bonds, and other school funds parts of this title;

(p) file and forward bus driver certifications, transportation contracts, and state transportation reimbursement claims in accordance with the provisions of 20-10-103 , 20-10-143 , or 20-10-145 ;

(q) for districts that do not employ a district superintendent or principal, recommend library book and textbook selections in accordance with the provisions of 20-7-204 or 20-7-602 ;

(r) notify the superintendent of public instruction of a textbook dealer's activities when required under the provisions of 20-7-605 and otherwise comply with the textbook dealer provisions of this title;

(s) act on district requests to allocate federal money for indigent children for school food services in accordance with the provisions of 20-10-205 ;

(t) perform any other duty prescribed from time to time by this title, any other act of the legislature, the policies of the board of public education, the policies of the board of regents relating to community college districts, or the rules of the superintendent of public instruction;

(u) administer the oath of office to trustees without the receipt of pay for administering the oath;

(v) keep a record of official acts, preserve all reports submitted to the superintendent under the provisions of this title, preserve all books and instructional equipment or supplies, keep all documents applicable to the administration of the office, and surrender all records, books, supplies, and equipment to the next superintendent;

(w) within 90 days after the close of the school fiscal year, publish an annual report in the county newspaper stating the following financial information for the school fiscal year just ended for each district of the county:

(i) the total of the cash balances of all funds maintained by the district at the beginning of the year;

(ii) the total receipts that were realized in each fund maintained by the district;

(iii) the total expenditures that were made from each fund maintained by the district; and

(iv) the total of the cash balances of all funds maintained by the district at the end of the school fiscal year; and

(x) hold meetings for the members of the trustees from time to time at which matters for the good of the districts must be discussed.

(2) (a) When a district in one county annexes a district in another county, the county superintendent of the county where the annexing district is located shall perform the duties required by this section.

(b) When two or more districts in more than one county reorganize, the duties required by this section must be performed by the county superintendent designated in the same manner as other county officials in 20-9-202 .
Mont. Code Ann. § 20-7-461 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-461
20-7-461 Appointment and termination of appointment of surrogate parent
Status: in_force

20-7-461 . Appointment and termination of appointment of surrogate parent. (1) A school district or institution that provides education to a child with a disability shall adopt procedures to assign an individual to act as a surrogate parent for a child with a disability whenever the parents or guardian cannot be identified or, after reasonable efforts, the location of the parents cannot be discovered or if the child is a ward of the state. Within 10 days of determining that a child is in need of a surrogate parent, the school district or its designee or the governing authority of an institution or its designee shall nominate a surrogate parent and deliver the appropriate documentation to the youth court.

(2) The person nominated as a surrogate parent must be an adult who is not an employee of a state or local educational agency that is providing educational services to the child. The surrogate parent may not have a vested interest that will conflict with the person's representation and protection of the child. The surrogate, whenever practicable, must be knowledgeable about the educational system, special education requirements, and the legal rights of the child in relation to the educational system. Whenever practicable, the surrogate parent must be familiar with the cultural or language background of the child.

(3) The nomination for appointment of a surrogate parent, along with all necessary supporting documents, must be submitted to the youth court for official appointment of the surrogate parent by the court. The trustees of a school district or their designee or the governing authority of an institution or its designee shall take all reasonable action to ensure that the youth court appoints or denies the appointment of a person nominated as a surrogate parent within 20 days of the court's receipt of all necessary supporting documents. If the youth court denies an appointment, the trustees of a district or their designee or the governing authority of an institution or its designee shall nominate another person to be appointed as the surrogate parent. If the youth court fails to act within 20 days, the individual nominated is the surrogate parent for the child.

(4) The superintendent of public instruction shall adopt rules for a procedure to terminate the appointment of a surrogate parent when:

(a) a child's parents are identified;

(b) the location of the parents is discovered;

(c) the child is no longer a ward of the state; or

(d) the surrogate parent wishes to discontinue the appointment.
Mont. Code Ann. § 20-25-1505 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1505
20-25-1505 Policies protecting free expression required -- staff training
Status: in_force

20-25-1505 . Policies protecting free expression required -- staff training. (1) A public postsecondary institution shall adopt policies to implement the provisions of this part. The policies must address students' expectations and provide appropriate regulations regarding free expression and expressive activities on campus consistent with this part.

(2) A public postsecondary institution may develop materials, programs, and procedures to ensure that any person who has responsibility for the discipline or education of students, including administrators, campus security officers, residence life officials, and professors, understands the policies, regulations, and duties of the public postsecondary institution regarding free expression and expressive activities on campus consistent with this part.
Mont. Code Ann. § 20-15-202 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-202
20-15-202 Petition for organization of community college district
Status: in_force

20-15-202 . Petition for organization of community college district. (1) When the area of a proposed community college district satisfies the specified requirements under 20-15-201 , the registered electors of the area may petition the board of county commissioners to call an election for the organization of a community college district. The petition must be signed by at least 20% of the registered electors within each county or a part of a county included in the area of the proposed community college district.

(2) When the area to be included within the proposed community college district lies in more than one county, the qualified electors of the proposed area shall present a petition to the board of county commissioners in each county. Each petition must contain the signatures of at least 20% of the qualified electors of the proposed district that lies within that county.

(3) The petition must include:

(a) a legal description or map of the proposed community college district boundaries;

(b) the proposed name of the community college district;

(c) a description of the educational services the proposed community college district will offer;

(d) an estimate of the number of persons expected to use the services within the district; and

(e) a notice that the creation of a community college district may, with subsequent voter approval, result in the levying of property taxes to support:

(i) a portion of the operating costs of the community college district; and

(ii) the repayment of bonds issued as authorized by law.
Mont. Code Ann. § 20-7-1324 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1324
20-7-1324 Definitions
Status: in_force

20-7-1324 . Definitions. As used in 20-7-1323 through 20-7-1326 , the following definitions apply:

(1) "De-identified information" means information that cannot be used to identify an individual pupil.

(2) "K-12 online application" means an internet website, online service, cloud computing service, online application, or mobile application that is used primarily for K-12 school purposes and that was designed and is marketed for K-12 school purposes.

(3) (a) "K-12 school purposes" means activities that customarily take place at the direction of a school, teacher, or school district or aid in the administration of school activities, including but not limited to instruction in the classroom or at home, administrative activities, and collaboration between pupils, school personnel, or parents, or that are for the use and benefit of a school.

(b) The term does not include courses that are provided for the purpose of postsecondary credit or work-based learning courses provided by a work-based learning partner pursuant to 20-7-1510 .

(4) "Operator" means the operator of a K-12 online application who knows or reasonably should know that the application is used primarily for K-12 school purposes.

(5) (a) "Protected information" means personally identifiable information or materials, in any media or format, that describes or otherwise identifies a pupil and that is:

(i) created or provided by a pupil, or the pupil's parent or legal guardian, to an operator in the course of the pupil's, parent's, or legal guardian's use of the operator's K-12 online application;

(ii) created or provided by an employee or agent of a school district to an operator in the course of the employee's or agent's use of the operator's K-12 online application; or

(iii) gathered by an operator through the operator's K-12 online application.

(b) The term includes but is not limited to:

(i) information in the pupil's educational record or e-mail messages;

(ii) first and last name, home address, telephone number, e-mail address, or other information that allows physical or online contact;

(iii) discipline records, test results, special education data, juvenile dependency records, grades, or evaluations;

(iv) criminal, medical, or health records;

(v) social security number;

(vi) biometric information;

(vii) disability;

(viii) socioeconomic information;

(ix) food purchases;

(x) political affiliation;

(xi) religious information; or

(xii) text messages, documents, pupil identifiers, search activity, photos, voice recordings, or geolocation information.

(6) (a) "Pupil records" means:

(i) any information directly related to a pupil that is maintained by a school district; or

(ii) any information acquired directly from a pupil through the use of instructional software or applications assigned to the pupil by a teacher or other school district employee.

(b) The term does not include de-identified information, including aggregated de-identified information used:

(i) by a third party to improve educational products for adaptive learning purposes and for customizing pupil learning;

(ii) to demonstrate the effectiveness of a third party's products in the marketing of those products; or

(iii) for the development and improvement of educational sites, services, or applications.

(7) (a) "Pupil-generated content" means materials created by a pupil, including but not limited to essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content.

(b) The term does not include pupil responses to a standardized assessment for which pupil possession and control would jeopardize the validity and reliability of that assessment.

(8) "Third party" refers to a provider of digital educational software or services, including cloud-based services, for the digital storage, management, and retrieval of pupil records.
Mont. Code Ann. § 20-26-616 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-616
20-26-616 STEM scholarship amounts -- renewal requirements
Status: in_force

20-26-616 . STEM scholarship amounts -- renewal requirements. (1) A student who meets the requirements of 20-26-615 will receive a $1,000 scholarship for the first academic year the student is enrolled at a postsecondary institution.

(2) A student who meets the requirements of this subsection will receive an additional scholarship for up to 3 subsequent academic years. To be eligible for the STEM scholarship in a subsequent academic year, the student must:

(a) have completed at least:

(i) 30 credit hours in the first academic year to be eligible for a $1,500 scholarship in the second academic year;

(ii) 60 credit hours by the end of the second academic year to be eligible for a $1,500 scholarship in the third academic year; and

(iii) 90 credit hours by the end of the third academic year to be eligible for a $2,000 scholarship in the fourth academic year;

(b) have maintained a grade point average of at least 3.0;

(c) be enrolled full time at the postsecondary institution in the current academic year; and

(d) continue to pursue a STEM or health care major.

(3) The legislature intends scholarships to be awarded at the full amounts provided for in this section. If the funds in the account established in 20-26-617 are insufficient to fully fund the program for a year, scholarships shall be prorated and awarded pursuant to 20-26-617 (4).
Mont. Code Ann. § 20-6-422 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-422
20-6-422 District annexation
Status: in_force

20-6-422 . District annexation. (1) As used in this section, the following definitions apply:

(a) "Annexing district" means the district to which another district is being attached through an annexation procedure.

(b) "District to be annexed" means the district that is being attached to another district through an annexation procedure.

(2) A district may be annexed to a contiguous district when one of the conditions of 20-6-421 is met in accordance with the following procedure:

(a) An annexation proposition may be introduced in the district to be annexed by either of the two following methods:

(i) the trustees may pass a resolution requesting the county superintendent of the county where the district is located to order an election to consider an annexation proposition for their district; or

(ii) not less than 20% of the electors of the district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent of the county where the district is located requesting an election to consider an annexation proposition for their district.

(b) The resolution or petition must state whether the annexation is to be made with or without the joint assumption of bonded indebtedness of the annexing district by the district to be annexed and the annexing district.

(3) Before ordering an election on the proposition, the county superintendent of the county where the district to be annexed is located must first receive from the trustees of the annexing district a resolution giving the county superintendent the authority to annex the district. The resolution must state whether the annexation is to be made with or without the joint assumption of bonded indebtedness of the annexing district by the district to be annexed and the annexing district. The resolution from the annexing district and the resolution or petition from the district to be annexed must agree on whether or not there will be joint assumption of bonded indebtedness. Without agreement, the annexation proposition may not be considered further.

(4) When the county superintendent of the county where the district to be annexed is located has received the resolution authorizing the annexation from the annexing district and the resolution or valid petition from the district to be annexed, the county superintendent shall, within 10 days and as provided by 20-20-201 , order the trustees of the district to be annexed to call an annexation election.

(5) The district to be annexed shall call and conduct an election in the manner prescribed in this title for school elections and subject to subsections (6) and (7). Any elector qualified to vote under the provisions of 20-20-301 may vote.

(6) (a) If the district to be annexed is to jointly assume the bonded indebtedness of the annexing district, the ballots must read, after stating the annexation proposition, "FOR annexation with assumption of bonded indebtedness" and "AGAINST annexation with assumption of bonded indebtedness".

(b) When the trustees in the district conducting the election canvass the vote under the provisions of 20-20-415 , they shall determine the number of votes "FOR" and "AGAINST" the proposition.

(c) The proposition is approved in the district if a majority of those voting approve the proposition.

(7) If the district to be annexed is not to jointly assume the bonded indebtedness of the annexing district, the ballots must read, after stating the annexation proposition, "FOR annexation without assumption of bonded indebtedness" and "AGAINST annexation without assumption of bonded indebtedness". The annexation proposition is approved by a district if a majority of those voting in a district approve the proposition.

(8) After the county superintendent of the county where the district to be annexed is located has received the election certification provided for in 20-20-416 from the trustees of the district conducting the annexation election and if the annexation proposition has been approved by the election, the county superintendent shall order the annexation of the territory of the district voting on the proposition to the district that has authorized the annexation to its territory effective July 1. The order must be issued within 10 days after the receipt of the election certificate. For annexation with joint assumption of bonded indebtedness, the order must specify that there will be joint assumption of the bonded indebtedness of the annexing district by the owners of all taxable real and personal property in the territory of the district to be annexed. The county superintendent of the county where the district to be annexed is located shall send a copy of the order to the board of county commissioners of each county involved in the annexation order and to the trustees of the districts involved in the annexation order.

(9) If the annexation proposition is disapproved in the district to be annexed, the annexation proposition fails and the county superintendent of the county where the district to be annexed is located shall notify each district of the disapproval of the annexation proposition.
Mont. Code Ann. § 20-9-801 — MT Code / Title 20 / Chapter 9 / Part 8 / Section 20-9-801
20-9-801 Purpose
Status: in_force

20-9-801 . Purpose. This part governs a school district's entitlement to state equalization apportionment funds for any school year during which the school district is unable to conduct the minimum aggregate hours by grade required by 20-1-301 by reason of one or more unforeseen emergencies. The provisions of this part must be narrowly interpreted.
Mont. Code Ann. § 20-15-219 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-219
20-15-219 Qualifications for office of trustee -- declaration of candidacy
Status: in_force

20-15-219 . Qualifications for office of trustee -- declaration of candidacy. (1) Any person who is qualified to vote in a community college district under the provisions of 20-20-301 is eligible for the office of community college trustee.

(2) A declaration of candidacy must be submitted to the county election administrator within the time period specified in 20-3-305 (2). If there are different terms to be filled, the term for which the candidate is filing must be indicated on the declaration.
Mont. Code Ann. § 20-9-208 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-208
20-9-208 Transfers among appropriation items of fund -- transfers from fund to fund
Status: in_force

20-9-208 . Transfers among appropriation items of fund -- transfers from fund to fund. (1) Whenever it appears to the trustees of a district that the appropriated amount of an item of a budgeted fund of the final budget or a budget amendment is in excess of the amount actually required during the school fiscal year for the appropriation item, the trustees may transfer any of the excess appropriation amount to any other appropriation item of the same budgeted fund.

(2) Unless otherwise restricted by a specific provision in this title, transfers may be made between different funds of the same district or between the final budget and a budget amendment under one of the following circumstances:

(a) (i) Except as provided in subsections (2)(a)(ii) through (2)(a)(iv), transfers may be made from one budgeted fund to another budgeted fund or between the final budget and a budget amendment for a budgeted fund whenever the trustees determine, in their discretion, that the transfer of funds is necessary to improve the efficiency of spending within the district or when an action of the trustees results in savings in one budgeted fund that can be put to more efficient use in another budgeted fund. Transfers may not be made with funds approved by the voters or with funds raised by a nonvoted levy unless:

(A) the transfer is within or directly related to the purposes for which the funds were raised and the trustees hold a properly noticed hearing to accept public comment on the transfer; or

(B) the transfer is approved by the qualified electors of the district in an election called for the purpose of approving the transfer, in which case the funds may be spent for the purpose approved on the ballot.

(ii) Unless otherwise authorized by a specific provision in this title, transfers from the general fund to any other fund and transfers to the general fund from any other fund are prohibited.

(iii) Unless otherwise authorized by a specific provision in this title, transfers from the retirement fund to any other fund are prohibited.

(iv) Unless otherwise authorized by a specific provision in this title, transfers from the debt service fund to any other fund are prohibited.

(b) Transfers may be made from one nonbudgeted fund to another nonbudgeted fund whenever the trustees determine that the transfer of funds is necessary to improve the efficiency of spending within the district. Transfers may not be made with funds restricted by federal law unless the transfer is in compliance with any restrictions or conditions imposed by federal law. Before a transfer can occur, the trustees shall hold a properly noticed hearing to accept public comment on the transfer.

(3) The trustees shall enter the authorized transfers upon the permanent records of the district.

(4) The intent of this section is to increase the flexibility and efficiency of school districts without an increase in local taxes. In furtherance of this intent, if transfers of funds are made from any school district fund supported by a nonvoted levy, the district may not increase its nonvoted levy for the purpose of restoring the amount of funds transferred.
Mont. Code Ann. § 20-9-305 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-305
20-9-305 Proration and calculation of BASE funding program for joint district
Status: in_force

20-9-305 . Proration and calculation of BASE funding program for joint district. (1) In joint districts, the direct state aid of a joint district must be prorated among the counties in which any part of the joint district is located for the purpose of determining the amount of each source of revenue for the direct state aid for which each county is obligated. The proration of the joint district direct state aid must be calculated as follows:

(a) Divide the joint district direct state aid by the ANB of the joint district to determine the per-ANB amount of the direct state aid.

(b) Determine the ANB for each county's portion of the joint district on the basis of each pupil's resident county. When taken together, the sum of the ANB assigned to all the counties must equal the total ANB for the joint district.

(c) Multiply the per-ANB amount of the direct state aid determined in subsection (1)(a) by the ANB for each county's portion, as determined in subsection (1)(b), to determine the portion of the direct state aid for each county.

(2) The portion of a joint district direct state aid for each county, as determined in subsection (1)(c), is a separate direct state aid amount in the county for the purposes of calculating the various revenues for the BASE funding program. After the calculation of the direct state aid revenues, the remainder of the general fund revenues must be calculated in accordance with the provisions for general fund financing.
Mont. Code Ann. § 20-7-310 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-310
20-7-310 Credit for employment -- congregate-care facilities, child-care facilities, and school-age programs
Status: in_force

20-7-310 . Credit for employment -- congregate-care facilities, child-care facilities, and school-age programs. (1) A student who is 16 years of age or older at a public school or nonpublic school and who is employed on a paid or voluntary basis at a congregate-care facility, child-care facility, or school-age program may earn one unit of credit for graduation for every 8,100 minutes worked at the congregate-care facility, child-care facility, or school-age program.

(2) The public school or nonpublic school shall develop a written application for the student seeking credit under this section. The application form must include the following information:

(a) the student's name;

(b) the name, address, and contact information for the congregate-care facility, child-care facility, or school-age program at which the student is employed;

(c) the name of an individual supervising the student at the congregate-care facility, child-care facility, or school-age program;

(d) a description of the work the student is performing at the congregate-care facility, child-care facility, or school-age program; and

(e) the number of minutes the student is employed at the congregate-care facility, child-care facility, or school-age program.

(3) The public school or nonpublic school shall establish:

(a) deadlines for submission of the application; and

(b) a process for verification of the number of minutes the student works at the congregate-care facility, child-care facility, or school-age program.

(4) The public school or nonpublic school may establish conditions and requirements on the type of work the student is performing that the student shall satisfy to earn credit toward graduation.

(5) The public school or nonpublic school may not award credit to the student unless the school approves the student's application and the student has satisfied all of the requirements under this section.

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

(a) "Child-care facility" means a day-care center, group day-care home, or family day-care home licensed or registered under the provisions of Title 52, chapter 2, part 7.

(b) "Congregate-care facility" has the same meaning as:

(i) "community residential facility" as defined in 76-2-411 ;

(ii) "developmental disabilities facility" as defined in 53-20-202 ;

(iii) "long-term care facility" as defined in 50-5-101 ; and

(iv) "residential care facility" as defined in 50-5-101 .

(c) "School-age program" means a program serving children 5 years of age or older during the school year or summer.
Mont. Code Ann. § 20-25-242 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-242
20-25-242 Purpose of station
Status: in_force

20-25-242 . Purpose of station. (1) It is the purpose of the Montana forest and conservation experiment station to:

(a) study the forest and forest land resources of the state to the end that the state and its citizens may attain the highest economic and social benefits from the forest soils within the state and the influences and products flowing from forests;

(b) study the growth and the utilization of timber with special reference to their improvement and the widening of the markets available to the state;

(c) determine:

(i) the relationship between the forest and water conservation and waterflow regulation;

(ii) the relationship between the forest and pasturage for domestic livestock and wildlife;

(iii) the relationship between the forest and recreation; and

(iv) those other direct and indirect benefits that may be secured by the maintenance of or the establishment of forests or woodlands;

(d) study and develop the establishment of windbreaks, shelterbelts, and woodlots on the farms of the state that moisture may be conserved by windbreaks, shelterbelts, and woodlots for the best production of agricultural crops and forage, for the prevention of soil wastage and erosion, to make the farm home more comfortable, and to produce forest material for the use of the farmer and the livestock producer;

(e) study the findings of other agencies so that the information may be used to improve the growth, management, and utilization of the timber within the state and to protect it against damage by fire, insects, disease, and other harmful agencies;

(f) collect, compile, and publish statistics relative to Montana forests and forestry and the influences flowing from forests and forestry;

(g) prepare and publish bulletins and reports, along with the necessary illustrations and maps, so that the information collected by the station in forestry and in conservation may be made available for use and distribute this information or material in other ways that the board of regents may direct;

(h) collect a library and bibliography of literature pertaining to or useful for the purpose of 20-25-241 through 20-25-245 ;

(i) study logging, lumbering, and milling operations and other operations dealing with the products of forest soils with special reference to their improvement;

(j) investigate and make tests of forest products produced or that may be produced within the state so that markets may be improved;

(k) consider other scientific and economic problems that, in the judgment of the board of regents, are of value to the people of the state;

(l) cooperate with the other departments of the university of Montana-Missoula, with the departments of the state government when mutually beneficial, and with private individuals and agencies and cooperate with the United States government and its branches as a land-grant institution or otherwise in accordance with their regulations; and

(m) establish field experiment stations that, in the judgment of the board of regents, may be necessary.

(2) The board of regents may accept, for and in behalf of the state of Montana, gifts of land or other donations that may be made to the state for the purposes of 20-25-241 through 20-25-245 .
Mont. Code Ann. § 20-25-501 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-501
20-25-501 Definitions
Status: in_force

20-25-501 . Definitions. (1) Terms used in this part are defined as follows:

(a) "Domicile" means a person's true, fixed, and permanent home and place of habitation.

(b) "Minor" means a male or female, as defined in 1-1-201 , person who has not obtained the age of 18 years.

(c) "Qualified person" means a person legally qualified to determine the person's own domicile.

(d) "Resident student" means:

(i) a student who has been domiciled in Montana for 1 year immediately preceding registration at any unit for any term or session for which resident classification is claimed. Attendance as a full-time student at any college, university, or other institution of higher education is not alone sufficient to qualify for residence in Montana.

(ii) any graduate of a Montana high school who is a citizen or resident alien of the United States and whose parents, parent, or guardian has resided in Montana at least 1 full year of the 2 years immediately preceding the student's graduation from high school. The classification continues for not more than 4 academic years if the student remains in continuous attendance at a unit; or

(iii) a member of the armed forces of the United States assigned to and residing in Montana, the member's spouse, or the member's dependent children.

(2) In the event that the definition of residency or any portion of the definition is declared unconstitutional as it is applied to payment of nonresident fees and tuition, the regents of the Montana university system may make rules on what constitutes adequate evidence of residency status not inconsistent with those court decisions.
Mont. Code Ann. § 20-5-210 — MT Code / Title 20 / Chapter 5 / Part 2 / Section 20-5-210
20-5-210 Enforcement -- exhaustion of administrative remedies
Status: in_force

20-5-210 . Enforcement -- exhaustion of administrative remedies. (1) A person alleging a violation of 20-5-207 through 20-5-210 may seek redress under any available law after exhausting all administrative remedies.

(2) Nothing in this section precludes a person from contacting law enforcement in relation to incidents of bullying at any point in time.
Mont. Code Ann. § 20-3-208 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-208
20-3-208 Authority to request, accept, and disburse money
Status: in_force

20-3-208 . Authority to request, accept, and disburse money. (1) A county superintendent may, with the advice and consent of the appropriate school boards, request and accept money made available from federal, state, or private sources for purposes of public education.

(2) Subject to applicable federal and state guidelines and, in the case of money received from private sources, subject to any guidelines fixed by the donor, a county superintendent may disburse money received under this section to one or more public elementary or high school districts according to their needs. The county superintendent shall supervise the use of the money with the approval of the appropriate school boards.

(3) The county superintendent may establish a fund, for which the county treasurer shall maintain a separate accounting, for the deposit of money received under this section.
Mont. Code Ann. § 20-6-808 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-808
20-6-808 Enrollment
Status: in_force

20-6-808 . Enrollment. (1) (a) A public charter 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 public charter school.

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

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

(e) A public charter 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 public charter school shall select students through a lottery.

(2) (a) A public charter school shall give enrollment preference to students who are residents of the located school district.

(b) A public charter school may give enrollment preference to:

(i) students who were enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school. An enrollment preference for returning students excludes those students from entering a lottery.

(ii) children of members of a public charter school's governing board and full-time employees, limited to no more than 10% of the school's total student population.

(3) This section does not preclude the formation of a public charter 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 such a school, the public charter school shall select students through a lottery.

(4) If a student who was previously enrolled in a public charter 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 public charter school.

(5) A school district shall provide or publicize to parents and the general public information about public charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.

(6) The board of public education may not restrict the number of students a public charter school may enroll. The capacity of the public charter school must be determined annually by the governing board in consideration of the public charter 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.
Mont. Code Ann. § 20-26-615 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-615
20-26-615 Eligibility requirements -- ineligibility
Status: in_force

20-26-615 . Eligibility requirements -- ineligibility. (1) To be eligible for the Montana STEM scholarship, a student must:

(a) be a Montana resident who graduated from a Montana high school with a cumulative grade point average of at least 3.25;

(b) be eligible for in-state tuition pursuant to the board's policies;

(c) have completed a rigorous college preparation program, including 4 years of mathematics and 3 years of science;

(d) be enrolled full time in at least 15 credit hours at a postsecondary institution in the fall semester immediately following the student's graduation from high school;

(e) be seeking the student's first certificate or 2-year or 4-year degree at a postsecondary institution; and

(f) have declared a STEM or health care major as the student's intended course of study.

(2) A student is ineligible for the Montana STEM scholarship if the student:

(a) has failed to meet the federal Title IV selective service registration requirements;

(b) is in default on a Title IV or state of Montana educational loan or owes a refund to a federal Title IV or state of Montana student financial aid program; or

(c) is incarcerated. A student may receive a Montana STEM scholarship upon release if the student meets all other eligibility requirements.
Mont. Code Ann. § 20-6-608 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-608
20-6-608 Authority and duty of trustees to insure district property
Status: in_force

20-6-608 . Authority and duty of trustees to insure district property. (1) The trustees of a district shall insure all real and personal property of the district. The trustees shall include the cost of insurance in the general fund budget of the district.

(2) Proceeds received from an insurance settlement on real or personal property insured by the district may, at the discretion of the trustees, be deposited in a fund considered appropriate by the trustees.
Mont. Code Ann. § 20-6-307 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-307
20-6-307 High school district abandonment
Status: in_force

20-6-307 . High school district abandonment. Within 6 months after a high school district fails to operate an accredited high school within its boundaries for a period of 1 year, the county superintendent shall order the high school district abandoned. At least 20 days before issuing an abandonment order, the county superintendent shall notify the trustees of the high school district of the impending abandonment. When the order is issued, the county superintendent shall also order the attachment of the territory of each elementary district of the abandoned high school district to another high school district or districts of the county or, with the consent of the county superintendent of an adjacent county, to another contiguous high school district or districts in the adjacent county.
Mont. Code Ann. § 20-25-506 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-506
20-25-506 Military instruction
Status: in_force

20-25-506 . Military instruction. All able-bodied students of the university system may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state.
Mont. Code Ann. § 20-20-301 — MT Code / Title 20 / Chapter 20 / Part 3 / Section 20-20-301
20-20-301 Qualifications of elector
Status: in_force

20-20-301 . Qualifications of elector. An individual is entitled to vote at school elections if the individual has the qualifications set forth in 13-1-111 and is a resident of the school district or, in a school district that has been apportioned into single-member trustee districts according to 20-3-337 , a resident of the trustee district.
Mont. Code Ann. § 20-9-131 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-131
20-9-131 Final budget meeting
Status: in_force

20-9-131 . (Temporary) Final budget meeting. (1) On or before August 20, on the date and at the time and place stated in the notice published pursuant to 20-9-115 , the trustees of each district shall meet to consider all budget information and any attachments required by law.

(2) The trustees may continue the meeting from day to day but shall adopt the final budget for the district and determine the amounts to be raised by tax levies for the district not later than August 25 and before the computation of the general fund net levy requirement by the county superintendent and the fixing of the tax levies for each district. Any taxpayer in the district may attend any portion of the trustees' meeting and be heard on the budget of the district or on any item or amount contained in the budget.

(3) Upon final approval, the trustees shall deliver the adopted budget, including the amounts to be raised by tax levies, to the county superintendent of schools within 3 days.
Mont. Code Ann. § 20-9-806 — MT Code / Title 20 / Chapter 9 / Part 8 / Section 20-9-806
20-9-806 School closure by declaration of emergency
Status: in_force

20-9-806 . School closure by declaration of emergency. (1) (a) Except as provided in subsection (2), if a school is closed by reason of an unforeseen emergency that results in a declaration of emergency by the board of trustees, the trustees may later adopt a resolution that a reasonable effort has been made to reschedule the pupil-instruction time lost because of the unforeseen emergency. If the trustees adopt the resolution, the pupil-instruction time lost during the closure need not be rescheduled to meet the minimum requirement for aggregate hours that a school district must conduct during the school year in order to be entitled to full BASE aid.

(b) At least 75% of the pupil-instruction time lost due to the unforeseen emergency must have been made up before the trustees can declare that a reasonable effort has been made.

(2) The board of trustees may close school for 1 school day each school year because of an unforeseen emergency and may not be required to reschedule the pupil-instruction time lost because of the unforeseen emergency. The 1-school-day closure under this subsection is not subject to the reduction in BASE aid pursuant to 20-9-805 .
Mont. Code Ann. § 20-7-607 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-607
20-7-607 Restricting competition -- penalty
Status: in_force

20-7-607 . Restricting competition -- penalty. At any time a licensed textbook dealer enters into any understanding, agreement, or combination to control textbook prices or otherwise restrict competition in the sale of textbooks, the dealer shall forfeit the dealer's surety bond and license. The attorney general shall institute and prosecute legal proceedings for the forfeiture of the surety bond of the licensed textbook dealer and for revocation of the dealer's license.
Mont. Code Ann. § 20-8-103 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-103
20-8-103 Board of public education rules
Status: in_force

20-8-103 . Board of public education rules. The board of public education shall adopt and prescribe rules as the board considers necessary and proper for the maintenance and government of the school, the admission of children in conformity with the provisions of this chapter, and the qualifications and compensation of the superintendent and teaching staff of the school, provided that the superintendent must have a ready and working knowledge of the sign language.
Mont. Code Ann. § 20-20-201 — MT Code / Title 20 / Chapter 20 / Part 2 / Section 20-20-201
20-20-201 Calling of school election
Status: in_force

20-20-201 . Calling of school election. (1) (a) At least 145 days before a regular school election, the trustees of a district or other entity or official authorized by law to call a school election shall call the school election by resolution, stating the date and purpose of each election and whether, pursuant to 13-19-202 , the election is requested to be by mail.

(b) The trustees or other entity described in subsection (1)(a) may amend the resolution provided for in subsection (1)(a) until 70 days prior to the regular school election. This subsection (1)(b) may not be construed to affect the ballot certification deadline concerning the certification of the official wording for each ballot issue as provided in 20-20-401 .

(c) At least 70 days prior to a special election, the trustees of a district or other entity or official authorized by law to call a school election shall call the special election by resolution, stating the date and purpose of each election and whether, pursuant to 13-19-202 , the election is requested to be by mail.

(2) To enable the county election administrator to manage voter registration and prepare the lists of registered electors:

(a) the resolution calling for a school election must be transmitted to the county election administrator no later than 3 days after the resolution is passed; and

(b) if the election is to be conducted by mail, the school clerk must also transmit to the county election administrator a copy of the written plan required under 13-19-205 .
Mont. Code Ann. § 20-3-352 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-352
20-3-352 Request and determination of number of high school district additional trustee positions -- nonvoting trustee
Status: in_force

20-3-352 . Request and determination of number of high school district additional trustee positions -- nonvoting trustee. (1) As provided in 20-3-351 (1)(b), a high school district, except a county high school district, may have additional trustee positions when the trustees of a majority of the elementary districts with territory located in the high school district, but without equitable representation on the high school district trustees under the provision of 20-3-351 (1)(a), request the establishment of additional trustee positions under the provisions of subsection (2) or when the electors approve an alternative method of electing members of the board of trustees under the provisions of subsection (3).

(2) A request for additional trustee positions must be made to the county superintendent by a resolution of the trustees of each elementary district. When a resolution has been received from a majority of the elementary districts without representation on the high school district trustees, the county superintendent shall determine the number of additional trustee positions for the affected high school district in accordance with the following procedure:

(a) The taxable valuation of the elementary district that has its trustees placed on the high school trustees must be divided by the number of positions on the trustees of the elementary district to determine the taxable valuation per trustee position.

(b) The taxable valuation used for the calculation in subsection (2)(a) must be subtracted from the taxable valuation of the high school district to determine the taxable valuation of the territory of the high school district without representation on the high school district trustees.

(c) The taxable valuation determined in subsection (2)(b) must be divided by the taxable valuation per trustee position calculated in subsection (2)(a). The resulting quotient must be rounded off to the nearest whole number, except that when the quotient is less than 0.5, at least one nonvoting trustee position must be established for the territory without representation on the high school district board of trustees under the provision of 20-3-351 (1)(a).

(d) Except for a nonvoting trustee position, the number determined in subsection (2)(c) must be the number of additional trustee positions, except that the number of additional trustee positions may not exceed four in a first- or second-class high school district or two in a third-class high school district except when two-thirds or more of the high school enrollment of the high school district and two-thirds or more of the taxable valuation of the high school district are located outside of the elementary district that has its trustees placed on the high school district trustees. When this situation exists, three additional trustees must be elected from the elementary school districts in which the high school is not located and one additional trustee must be elected at large in the high school district.

(e) An additional trustee may serve as the presiding officer of the board of trustees of an elementary district in accordance with 20-3-321 (3).

(3) (a) If more than half of the electors of the high school district reside outside the territory of the elementary school district in which the high school district buildings are located, at least 10% of the electors of the high school district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent, requesting an election to consider a proposition on the question of establishing one of the following alternative methods of electing the members of the high school district board of trustees:

(i) one trustee must be elected from each elementary school district with territory included in the high school district and two or three trustees must be elected at large in the high school district, whichever number results in an odd number of members on the board of trustees; or

(ii) the county superintendent shall establish four trustee nominating districts within the high school district but outside the territory of the elementary school district in which the high school buildings are located. One trustee must be elected from each trustee nominating district and three trustees must be elected from the elementary district in which the high school buildings are located, for a total of seven trustees on the high school district board of trustees. Trustees elected from the elementary district in which the high school buildings are located shall serve on both the high school district board of trustees and on the elementary school district board of trustees.

(b) (i) When the county superintendent receives a valid petition, the county superintendent shall order the trustees of the high school district to conduct an election on the next regular school election day on the proposition allowed under the provisions of subsection (3)(a).

(ii) If the electors of the district approve a proposition to establish the alternative method of electing the high school district board of trustees, the county superintendent shall order that the members of the board of trustees be elected according to subsection (3)(a) at the next regular school election.

(c) Whenever the trustees are elected at one regular election under subsection (3)(b), the members who are elected shall draw by lot to determine their terms of office. The terms of office by trustee position must be divided as equally as practicable among 1-year, 2-year, and 3-year terms.

(d) A petition to call an election for the purposes of subsection (3) may not be submitted to the county superintendent more than one time in each 5-year period.
Mont. Code Ann. § 20-3-310 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-310
20-3-310 Trustee removal
Status: in_force

20-3-310 . Trustee removal. Any trustee may be removed from the trustee position by a court of competent jurisdiction under the law providing for the removal of elected civil officials. When charges are brought against a trustee and good cause is shown, the board of county commissioners may suspend the trustee from the trustee position until the charges can be heard in the court of competent jurisdiction.
Mont. Code Ann. § 20-20-311 — MT Code / Title 20 / Chapter 20 / Part 3 / Section 20-20-311
20-20-311 Voter registration
Status: in_force

20-20-311 . Voter registration. Voter registration for school elections must be as provided in Title 13, chapter 2.
Mont. Code Ann. § 20-7-1707 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1707
20-7-1707 Responsibilities of public school districts -- student records
Status: in_force

20-7-1707 . Responsibilities of public school districts -- student records. A public school or school district that previously enrolled a qualified student participating in the Montana special needs equal opportunity education savings account program shall provide a qualified school that has enrolled a participating student with a complete copy of the student's school records, while complying with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g.
Mont. Code Ann. § 20-6-110 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-110
20-6-110 Student construction project -- disclosure -- immunity
Status: in_force

20-6-110 . Student construction project -- disclosure -- immunity. (1) The entity that transfers title to a construction project constructed as part of a public education program shall disclose the fact that the construction project was constructed as part of a public education program on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase, sale, rental, or lease of the construction project. The disclosure provided for in this subsection must be in the following form or in a substantially similar form: "Student Construction Project: This property was constructed as part of a public education program and was in whole or in part constructed by students. The school district or public postsecondary institution responsible for the education program is not liable for civil damages resulting from construction projects constructed as part of a public education program except in cases of gross negligence or willful misconduct."

(2) Except in cases of gross negligence or willful misconduct, a school district or public postsecondary institution is not liable for civil damages resulting from a construction project constructed as part of a public education program if the disclosure required in subsection (1) is made.

(3) As used in this section, "public education program" means a program operated by a public school or a public postsecondary institution.
Mont. Code Ann. § 20-5-202 — MT Code / Title 20 / Chapter 5 / Part 2 / Section 20-5-202
20-5-202 Suspension and expulsion
Status: in_force

20-5-202 . Suspension and expulsion. (1) As provided in 20-4-302 , 20-4-402 , and 20-4-403 , a pupil may be suspended by a teacher, superintendent, or principal. The trustees of the district shall adopt a policy defining the authority and procedure to be used by a teacher, superintendent, or principal in the suspension of a pupil and in defining the circumstances and procedures by which the trustees may expel a pupil. Expulsion is any removal of a pupil for more than 20 school days without the provision of educational services and is a disciplinary action available only to the trustees. A pupil may be suspended from school for an initial period not to exceed 10 school days. Upon a finding by a school administrator that the immediate return to school by a pupil would be detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a pupil may be suspended for one additional period not to exceed 10 school days if the pupil is granted an informal hearing with the school administrator prior to the additional suspension and if the decision to impose the additional suspension does not violate the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.

(2) (a) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have brought a firearm to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency. A student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection (2)(a) must be expelled from school for a period of not less than 1 year, except that the trustees may authorize the school administration in writing to modify the requirement for expulsion of a student, up to and including eliminating the requirement for expulsion, on a case-by-case basis. The trustees shall annually review the district's weapons policy and any policy adopted under this subsection (2)(a) and update the policies as determined necessary by the trustees based on changing circumstances pertaining to school safety.

(b) A decision to change the placement of a student with a disability who has been expelled pursuant to this section must be made in accordance with the Individuals With Disabilities Education Act.

(3) In accordance with 20-4-302 , 20-4-402 , 20-4-403 , and subsection (1) of this section, a teacher, superintendent, or principal may immediately suspend a student if, prior to a hearing conducted pursuant to subsection (6), there is cause to believe the student brought a firearm to school or possessed a firearm at school.

(4) Nothing in this section prevents a school district from:

(a) offering instructional activities related to firearms or allowing a student to bring a firearm to school for instructional activities sanctioned by the district if:

(i) the district has appropriate safeguards in place to ensure student safety; and

(ii) the firearm is secured in a locked container approved by the school district when the firearm is at school and is not in use for the instructional activity; or

(b) providing educational services in an alternative setting to a student who has been expelled from the student's regular school setting.

(5) Before holding a hearing as required under subsection (6) to determine if a student has violated this section, the trustees shall, in a clear and timely manner, notify the student if the student is an adult or notify the parent or guardian of a student if the student is a minor that the student may:

(a) waive the student's privacy interest by requesting that the hearing be held in public; and

(b) invite other individuals to attend the hearing.

(6) Before expelling a student under this section, the trustees shall hold a due process hearing that includes presentation of a summary of the information leading to the allegations and an opportunity for the student to respond to the allegations. The student may not be expelled unless the trustees find that the student knowingly, as defined in 1-1-204 , brought a firearm to school or possessed a firearm at school.

(7) When a student subject to a hearing is found to have not violated this section, the student's school record must be expunged of the incident.

(8) The office of public instruction shall make available on its website the information gathered from school districts that is provided annually to the federal government under the reporting requirements of 20 U.S.C. 7151, provided that any personally identifiable information is redacted.

(9) The provisions of this section do not require expulsion of a student who has brought a firearm to school or possesses a firearm at school as long as the firearm is secured in a locked container approved by the school district or in a locked motor vehicle the entire time the firearm is at school, except while the firearm is in use for a school-sanctioned instructional activity.

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

(a) "Firearm" has the same meaning as provided in 18 U.S.C. 921.

(b) (i) "School" means a building, grounds, or property of a public elementary or secondary school.

(ii) The term does not include a student's home, a locked vehicle, a parking lot, or a commercial business when the student is participating in an online, remote, or distance-learning setting.
Mont. Code Ann. § 20-3-326 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-326
20-3-326 Information on educational opportunities -- duties of trustees
Status: in_force

20-3-326 . Information on educational opportunities -- duties of trustees. (1) The board of trustees of a school district shall develop, update, and annually provide to students and families of the district information on the educational opportunities available through the schools of the district. The information must align to the legislative intent of preserving and protecting the right to access personalized learning as set forth in 20-7-1601 and must be designed to empower families in understanding the options available to them in partnering with schools to develop their child's full educational potential. A school board may satisfy its obligation through the use of model resources developed by an organization of school boards of which the school board is a member.

(2) The information provided under subsection (1) must include, at a minimum, the following educational and extracurricular opportunities:

(a) evaluation and identification of children with disabilities and special education programs beginning at age 3 pursuant to 20-7-411 ;

(b) early targeted interventions pursuant to 20-7-1801 through 20-7-1804 ;

(c) part-time enrollment of a student who is otherwise enrolled at a nonpublic or home school pursuant to 20-5-101 ;

(d) admission to a school of a district beginning at age 5 pursuant to 20-5-101 , and the option to enroll a child half-time in a kindergarten program pursuant to 20-7-117 ;

(e) proficiency-based learning and other forms of personalized learning pursuant to 20-7-1601 , including options for obtaining course equivalency and course waiver determinations from the board of trustees pursuant to 20-3-324 (18);

(f) participation in extracurricular activities, including participation by nonpublic and home school students pursuant to 20-5-112 ;

(g) access to remote instruction, including through the Montana digital academy pursuant to Title 20, chapter 7, part 12, and through other school districts as provided in 20-7-118 ;

(h) out-of-district attendance pursuant to Title 20, chapter 5, part 3;

(i) availability of funding to support student access to advanced opportunities, if applicable to a district pursuant to 20-7-1506 ;

(j) career and technical education pursuant to Title 20, chapter 7, part 3, including the attainment of industry-recognized credentials and work-based learning, pursuant to 20-7-1510 ;

(k) early college, dual enrollment, and running start opportunities, pursuant to 20-9-706 ; and

(l) other opportunities for school-age children through Montana public schools that:

(i) support the development of a child's full educational potential;

(ii) assist in reducing the costs of postsecondary education and workforce preparation; and

(iii) foster life success.

(3) The legislature intends that boards of trustees and organizations of boards of trustees communicate and collaborate with the education interim committee to demonstrate the implementation of the requirements of this section and to identify additional opportunities following legislative sessions.
Mont. Code Ann. § 20-3-343 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-343
20-3-343 Determination of terms after change of district classification
Status: in_force

20-3-343 . Determination of terms after change of district classification. Whenever the change of an elementary district classification requires the addition of trustee positions to the trustees of the district under the circumstance described in 20-3-302 (2)(c), the members who are elected shall draw by lot to determine their terms of office, which must be one for 3 years and one for 2 years.
Mont. Code Ann. § 20-6-640 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-640
20-6-640 Long-term loans
Status: in_force

20-6-640 . Long-term loans. School districts that experience a disaster that destroys school property to the extent of rendering the property unfit for its present school use may apply for long-term loans for use in replacing school property under the provisions of Title 17, chapter 5, part 16.
Mont. Code Ann. § 20-9-168 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-168
20-9-168 Emergency budget amendment tax levy
Status: in_force

20-9-168 . Emergency budget amendment tax levy. When a budget amendment has been adopted by the board of trustees under 20-9-161 (2) and a district does not have sufficient funds, including insurance proceeds and reserves, to finance the budget amendment, the district may levy a tax in the ensuing school year to fund the expenditures authorized by the budget amendment. The amount levied may not exceed the unfunded amount of the budget amendment.
Mont. Code Ann. § 20-9-329 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-329
20-9-329 Indian education for all payment
Status: in_force

20-9-329 . Indian education for all payment. (1) Except as provided in subsection (5), the state shall provide an Indian education for all payment to public school districts, as defined in 20-6-101 and 20-6-701 , to implement the provisions of Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5.

(2) The Indian education for all payment is calculated as provided in 20-9-306 and is a component of the BASE budget of the district.

(3) The district shall deposit the payment in the general fund of the district.

(4) (a) A public school district that receives an Indian education for all payment may not divert the funds to any purpose other than curriculum development of an American Indian studies program, providing curriculum and materials to students for the program, and providing training to teachers about the program's curriculum and materials.

(b) A public school district shall file an annual report with the office of public instruction, in a form and by a date prescribed by the superintendent of public instruction, that specifies how the Indian education for all funds were expended in the prior school fiscal year in sufficient detail to ensure that all the funds were properly spent for the purposes under subsection (4)(a) In addition to the expenditure reporting, the report must include detailed descriptions of:

(i) the instruction provided to certified personnel and students as required under 20-1-503 ; and

(ii) how this instruction was developed cooperatively with the advice and assistance of Montana tribes pursuant to Title 20, chapter 1, part 5.

(5) (a) If a school district fails to file the annual report required under subsection (4), the office of public instruction shall reduce the school district's BASE and maximum budget limits and BASE aid funding by the full amount of the Indian education for all payment for subsequent school fiscal years until the report is filed.

(b) If a school district files a report failing to show that all funds received under this section were spent for the purposes of subsection (4)(a), the office of public instruction shall reduce the school district's BASE and maximum budget limits and BASE aid funding under this section for the subsequent fiscal year by the amount of funding received that was not spent for the purposes of subsection (4)(a).

(6) (a) The office of public instruction shall publish an annual report on the office's website listing any school districts that fail to report or satisfactorily report under subsection (4) of this section.

(b) When a school district fails to report or satisfactorily report under subsection (4) of this section, this failure must be noted in the school accreditation status reports established by the board of public education pursuant to 20-7-102 .