Mont. Code Ann. § 20-25-421 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-421
20-25-421 Charges for tuition -- waivers
Status: in_force

20-25-421 . Charges for tuition -- waivers. (1) The regents may prescribe tuition rates, matriculation charges, and incidental fees for students in institutions under their jurisdiction.

(2) The regents may utilize waivers in tuition and fees to aid in the recruitment of students to units of the university system and to promote the policy of assisting the categories of students specified in this subsection. The regents may:

(a) waive or discount nonresident tuition for selected and approved nonresident students, including nonresident students who enroll under provisions of any WICHE-sponsored state reciprocal agreements that provide for the payment, when required, of the student support fee by the reciprocal state;

(b) waive resident tuition for students at least 62 years of age;

(c) waive tuition and fees for:

(i) persons who have one-fourth Indian blood or more or are enrolled members of a federally recognized Indian tribe located within the boundaries of the state of Montana and who have been bona fide residents of Montana for at least 1 year prior to enrollment in the Montana university system;

(ii) persons designated by the department of corrections pursuant to 52-5-112 or 53-1-214 ;

(iii) residents of Montana who served with the armed forces of the United States in any of its wars and who were honorably discharged from military service;

(iv) children of residents of Montana who served with the armed forces of the United States in any of its wars and who were killed in action or died as a result of injury, disease, or other disability incurred while in the service of the armed forces of the United States;

(v) the spouses or children of residents of Montana who have been declared to be prisoners of war or missing in action;

(vi) the spouse or children of a Montana national guard member who was killed or died as a result of injury, disease, or other disability incurred in the line of duty while serving on state military duty; or

(vii) qualified survivors of Montana firefighters or peace officers killed in the course and scope of employment. For purposes of this subsection (2)(c)(vii), a qualified survivor is a person who meets the entrance requirements at the state university or college of the person's choice and is the surviving spouse or child of any of the following who were killed in the course and scope of employment:

(A) a paid or volunteer firefighter as described in 7-33-4107 or 19-17-108 ;

(B) a law enforcement officer as defined in 7-32-201 ; or

(C) a full-time highway patrol officer.
Mont. Code Ann. § 20-7-456 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-456
20-7-456 Tenure of teachers employed by cooperatives
Status: in_force

20-7-456 . Tenure of teachers employed by cooperatives. (1) Teachers who have tenure rights with a district and are employed by a cooperative of which their district is a member do not lose their tenure with the district.

(2) Nontenured teachers employed by a cooperative acquire tenure with a cooperative in the same manner as prescribed in 20-4-203 , and the provisions of 20-4-204 through 20-4-207 are applicable to teachers employed by a cooperative.

(3) Tenure for a teacher employed by a cooperative is acquired only with the cooperative and not with a member school district of a cooperative.

(4) For the purposes of tenure of a teacher employed by a cooperative, cooperative contract renewals may not be used to limit the teacher's progress toward tenure status.
Mont. Code Ann. § 20-3-308 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-308
20-3-308 Vacancy of trustee position
Status: in_force

20-3-308 . Vacancy of trustee position. (1) An elected trustee position is vacant whenever the incumbent:

(a) dies;

(b) resigns;

(c) moves the trustee's residence from the applicable district or from the nominating district in the case of an additional trustee in a high school district;

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

(e) is absent from the district for 60 consecutive days;

(f) fails to attend three consecutive meetings of the trustees without a good excuse;

(g) has been removed under the provisions of 20-3-310 ; or

(h) ceases to have the capacity to hold office under any other provision of law.

(2) A trustee position is also vacant when an elected candidate fails to qualify under the provisions of 20-3-307 .
Mont. Code Ann. § 20-25-603 — MT Code / Title 20 / Chapter 25 / Part 6 / Section 20-25-603
20-25-603 Teacher instruction -- course required of education students
Status: in_force

20-25-603 . Teacher instruction -- course required of education students. All units of the Montana university system and all private colleges and universities in Montana that offer any degree in education shall require that any person who receives any degree in education from that unit, private college, or private university must have successfully completed a course in health education to include drug and alcohol education and abuse prior to being awarded the degree.
Mont. Code Ann. § 20-26-1103 — MT Code / Title 20 / Chapter 26 / Part 11 / Section 20-26-1103
20-26-1103 Duties of board
Status: in_force

20-26-1103 . Duties of board. In discharging its duties in relation to the student loan program, the board shall:

(1) act as guarantor and administrator on loans of money, upon terms and conditions that the board may prescribe, to assist persons attending or accepted for enrollment at an eligible educational institution to meet their educational expenses;

(2) approve financial or credit institutions or other lenders as eligible lenders upon their meeting the standards established by the board for making student loans;

(3) incur and discharge debts, including defaulted loan obligations that have been guaranteed by the board;

(4) make and execute agreements, contracts, and other instruments with any public or private person or agency, including the United States secretary of education, for the administration of the student loan program;

(5) provide for the operation of the student loan program to conduct loan approval processing, essential and special loan servicing, preclaims assistance, supplemental preclaims assistance, claim processing and collections, and other services that would promote lender and school participation and loan availability to students;

(6) perform any other duties necessary for the administration of the student loan program and other student financial aid-related activities for the benefit of students as determined by the board.
Mont. Code Ann. § 20-20-108 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-108
20-20-108 Rescheduling of school election canceled due to declaration of state of emergency or disaster
Status: in_force

20-20-108 . Rescheduling of school election canceled due to declaration of state of emergency or disaster. If the governor declares a state of emergency or disaster under Title 10, chapter 3, a school election may be canceled by the county superintendent of schools or, in the absence of the county superintendent, by the state superintendent of public instruction. As soon as convenient after the declaration of a state of emergency or disaster is terminated, the trustees of the district shall set a new date for the election. Notice of such election shall be published for 7 consecutive days in a newspaper of general circulation in the district and posted for 7 days at district polling places. Whenever the best interests of the district would be served, the trustees may give additional notice of the election through appropriate radio and television stations that serve the people of the district.
Mont. Code Ann. § 20-25-601 — MT Code / Title 20 / Chapter 25 / Part 6 / Section 20-25-601
20-25-601 Purpose of part -- legislative intent
Status: in_force

20-25-601 . Purpose of part -- legislative intent. It is the purpose of this part to protect the health and safety of the people of Montana from the menace of drug and alcohol abuse. The legislature intends to require education graduates of any unit of the Montana university system or any private college or private university in Montana to be aware of the problems resulting from drug and alcohol abuse and to be somewhat knowledgeable in dealing with these problems among students.
Mont. Code Ann. § 20-9-504 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-504
20-9-504 Extracurricular fund for pupil functions
Status: in_force

20-9-504 . Extracurricular fund for pupil functions. (1) The trustees of a district may establish an extracurricular fund for the purposes of receiving and expending money collected for pupil extracurricular functions. All extracurricular money of a pupil organization of the school must be deposited and expended by check from a bank account maintained for the extracurricular fund.

(2) An accounting system for the extracurricular fund recommended by the superintendent of public instruction must be implemented by the trustees. The accounting system must provide for:

(a) the internal control of the cash receipts and expenditures of the money; and

(b) a general account that can be reconciled with the bank account for the extracurricular fund and reconciled with the detailed accounts within the extracurricular fund maintained for each student function.

(3) The trustees may invest any excess money in the extracurricular fund in accordance with the provisions of 20-9-213 (4). Interest earned as a result of the investments may either be:

(a) credited to a general operating account within the fund to be used to offset expenses incurred in administering the fund; or

(b) distributed to the fund from which the money was withdrawn for investment.
Mont. Code Ann. § 20-4-123 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-123
20-4-123 Preservation and publication of contracts made pursuant to interstate agreement
Status: in_force

20-4-123 . Preservation and publication of contracts made pursuant to interstate agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the state superintendent of public instruction. The state superintendent of public instruction shall publish all such contracts in convenient form.
Mont. Code Ann. § 20-2-502 — MT Code / Title 20 / Chapter 2 / Part 5 / Section 20-2-502
20-2-502 Appointment of commissioners to the education commission of the states
Status: in_force

20-2-502 . Appointment of commissioners to the education commission of the states. (1) The seven members of the education commission of the states representing Montana are:

(a) the governor;

(b) one senator appointed by the committee on committees;

(c) one representative appointed by the speaker of the house;

(d) the superintendent of public instruction; and

(e) three persons appointed by the governor, including:

(i) one educator engaged in the field of higher education; and

(ii) two educators engaged in the field of K-12 education.

(2) The term of each commissioner appointed by the legislature is 4 years, and legislators shall serve until the expiration of their appointments, even though their legislative terms may have ended. The commissioners appointed by the governor shall serve at the pleasure of the governor.
Mont. Code Ann. § 20-10-111 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-111
20-10-111 Duties of board of public education
Status: in_force

20-10-111 . Duties of board of public education. (1) The board of public education, with the advice of the Montana department of justice and the superintendent of public instruction, shall adopt and enforce policies, not inconsistent with the motor vehicle laws, to provide uniform standards and regulations for the design, construction, and operation of school buses in the state of Montana. The policies must:

(a) prescribe minimum standards for the design, construction, and operation of school buses consistent with:

(i) the recommendations adopted by the national conference on school transportation; and

(ii) the federal motor vehicle safety standards;

(b) prescribe standards and specifications for the lighting equipment and special warning devices to be carried by school buses in conformity with:

(i) current specifications approved by the society of automobile engineers;

(ii) motor vehicle laws; and

(iii) the requirement that all school buses have an alternately flashing prewarning lighting system of four or more amber signal lamps to be used while preparing to stop and an alternately flashing warning lighting system of four or more red signal lamps to be used while stopped in accordance with 61-9-402 ;

(c) establish other driver qualifications considered necessary in addition to the qualifications required in 20-10-103 ;

(d) prescribe criteria for the establishment of transportation service areas for school bus purposes by the county transportation committee that shall allow for the establishment of service areas without regard to the district boundary lines within the county;

(e) prescribe other criteria for the determination of the residence of a pupil that may be considered necessary in addition to the criteria established in 20-10-105 ; and

(f) prescribe standards for the measurement of the child seating capacity of school buses, to be known as the rated capacity.

(2) The board of public education shall prescribe other policies necessary for the proper administration and operation of individual transportation programs that are consistent with the transportation provisions of this title.
Mont. Code Ann. § 20-2-131 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-131
20-2-131 Commissioner of higher education -- duties -- compensation -- staff
Status: in_force

20-2-131 . Commissioner of higher education -- duties -- compensation -- staff. (1) The board of regents shall prescribe the duties of the commissioner of higher education and shall set the commissioner's compensation.

(2) The board of regents shall provide sufficient staff and office space to the commissioner for carrying out the commissioner's duties.
Mont. Code Ann. § 20-4-208 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-208
20-4-208 Transfer from administrative position
Status: in_force

20-4-208 . Transfer from administrative position. (1) A tenure teacher serving in an administrative position may be assigned to a teaching position with a reduction in salary when the district reduces the size of its administrative staff. The salary for the new position must be the same as the salary that the teacher would have received if the teacher had been continuously employed in the new position rather than in the administrative position.

(2) If a board policy or a collective bargaining agreement provides seniority rights for teachers, a district that assigns a tenure teacher serving in an administrative position to a teaching position shall recognize for seniority purposes the tenure teacher's time of service in the administrative position.

(3) As used in this section, the term "administrative position" means a position that the trustees of a district designate as administrative or supervisory in nature, not including the position of district superintendent.

(4) A tenure teacher who is transferred to a teaching position under this section must be offered the next comparable administrative position for which the tenure teacher is endorsed that becomes available in the district.
Mont. Code Ann. § 20-3-108 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-108
20-3-108 Division of resources and assessment funds
Status: in_force

20-3-108 . Division of resources and assessment funds. Funds derived from the sale of educational materials or services provided by the division of resources and assessment must be deposited in the state general fund.
Mont. Code Ann. § 20-2-114 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-114
20-2-114 Adoption of rules -- seal -- record of proceedings
Status: in_force

20-2-114 . Adoption of rules -- seal -- record of proceedings. The board of public education, the board of regents, and the state board of education each shall:

(1) adopt rules consistent with the constitution or laws of the state of Montana necessary for its own government or the proper execution of the powers and duties conferred upon it by law;

(2) adopt and use an official seal to authenticate its official acts; and

(3) keep a record of its proceedings.
Mont. Code Ann. § 20-11-126 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-126
20-11-126 Community choice school account
Status: in_force

20-11-126 . Community choice school account. (1) There is a community choice school account in the state special revenue fund provided for in 17-2-102 and administered by the commission. The purpose of the account is for the receipt and expenditure of gifts, grants, legacies, devises, and donations given specifically to support the creation and operation of the Montana community choice schools and commission.

(2) All donations must be from a private source and may not be expended for any purpose other than for the benefit of qualifying choice schools as determined by the commission. Money in the account is derived from a private nonstate source and is payable by the commission without an appropriation pursuant to 17-8-101 .

(3) A gift or donation made directly to a specific choice school or schools is not prohibited by this section.
Mont. Code Ann. § 20-11-101 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-101
20-11-101 Short title
Status: in_force

20-11-101 . Short title. This part may be cited as the "Community Choice Schools Act".
Mont. Code Ann. § 20-20-401 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-401
20-20-401 Trustees' election duties -- ballot certification
Status: in_force

20-20-401 . Trustees' election duties -- ballot certification. (1) The trustees are the general supervisors of school elections unless the trustees request and the county election administrator agrees to conduct a school election under 20-20-417 .

(2) Not less than 40 days before an election, the clerk of the district shall certify the ballot by preparing a certified list of the names of all candidates entitled to be on the ballot subject to 13-37-126 and certifying the official wording for each ballot issue. The candidates' names must appear on the ballot in accordance with 13-12-203 . The clerk shall arrange for printing the ballots. Ballots for absentee voting must be printed and available at least 20 days before the election. Names of candidates on school election ballots need not be rotated.

(3) Before the opening of the polls, the trustees shall cause each polling place to be supplied with the ballots and supplies necessary to conduct the election.
Mont. Code Ann. § 20-9-533 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-533
20-9-533 Technology acquisition and depreciation fund -- limitations
Status: in_force

20-9-533 . Technology acquisition and depreciation fund -- limitations. (1) The trustees of a district may establish a technology acquisition and depreciation fund for school district expenditures incurred for:

(a) the purchase, rental, repair, and maintenance of technological equipment, including computers and computer network access;

(b) cloud computing services for technology infrastructure, platform, software, network, storage, security, data, database, test environment, curriculum, or desktop virtualization purposes, including any subscription or any license-based or pay-per-use service that is accessed over the internet or other remote network to meet the district's information technology and other needs; and

(c) associated technical training for school district personnel.

(2) Any expenditures from the technology acquisition and depreciation fund must be made in accordance with the financial administration requirements for a budgeted fund pursuant to this title. The trustees of a district shall fund the technology acquisition and depreciation fund with:

(a) the state money received for school technology purposes under 20-9-516 ; and

(b) other local, state, private, and federal funds received for the purpose of funding technology or technology-associated training.

(3) In depreciating the technological equipment of a school district for levies approved prior to July 1, 2013, the trustees may include in the district's budget, contingent upon voter approval of a levy under subsection (6) and pursuant to the school budgeting requirements of this title, an amount each fiscal year that does not exceed 20% of the original cost of any technological equipment, including computers and computer network access, that is owned by the district. The amount budgeted pursuant to levies approved prior to July 1, 2013, may not, over time, exceed 150% of the original cost of the equipment.

(4) The annual revenue requirement for each district's technology acquisition and depreciation fund determined within the limitations of this section must be reported by the county superintendent of schools to the board of county commissioners on or before the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values as the technology acquisition and depreciation fund levy requirement for that district, and a levy must be made by the county commissioners in accordance with 20-9-142 .

(5) Any expenditure of technology acquisition and depreciation fund money must be within the limitations of the district's final technology acquisition and depreciation fund budget and the school financial administration provisions of this title.

(6) In addition to the funds received pursuant to subsection (2), the trustees of a school district may submit a proposition to the qualified electors of the district to approve an additional levy to fund costs of providing the technologies included in subsection (1). The election must be called and conducted in the manner prescribed by this title for school elections and in the manner prescribed by 15-10-425 . A technology levy authorization approved after July 1, 2013, may not exceed 10 years.

(7) The technology proposition is approved if a majority of those electors voting at the election approve the levy.

(8) A district whose qualified electors have previously approved a technology levy of perpetual duration prior to July 1, 2013, may submit a proposition to the qualified electors on or after July 1, 2013, for an increase in the amount of the levy to cover the costs of providing technologies under subsections (1)(b) and (1)(c) or to seek relief from the obligation of tracking depreciation of equipment under a levy approved prior to July 1, 2013. In seeking approval of the proposition, the district shall specify a proposed revised duration of the underlying perpetual levy previously approved and a proposed duration for the proposed increase in the amount of the levy, neither of which may exceed 10 years. If the proposition is approved by the qualified electors, both the underlying levy previously approved for a perpetual duration and the increase in the amount of the levy are subject to the revised durational limit specified on the ballot.

(9) The trustees of a district may not use revenue in the technology acquisition and depreciation fund to finance contributions to the teachers' retirement system, the public employees' retirement system, or the federal social security system or for unemployment compensation insurance.
Mont. Code Ann. § 20-7-1330 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1330
20-7-1330 Graduation requirements for youth who experience disruption in education -- legislative intent
Status: in_force

20-7-1330 . Graduation requirements for youth who experience disruption in education -- legislative intent. (1) The legislature finds and declares pursuant to Article X, section 1, of the Montana constitution that an appropriate means of fulfilling the people's goal of developing the full educational potential of each person is to allow a pupil who experiences an educational disruption to obtain a diploma if the pupil meets the state's minimum high school credit requirement. The legislature believes educational disruptions can interfere with pupil success and intends the policy established in this section to provide additional options for a pupil to achieve the individual's maximum postsecondary potential.

(2) If an enrolled high school pupil who has experienced an educational disruption meets the minimum high school credit requirement for graduation as established by administrative rules of the board of public education but will not meet a higher credit requirement established by the trustees of the district where the student is enrolled, the trustees of the district shall award the student a diploma. The trustees may distinguish the diploma in a reasonable manner from other diplomas issued by the trustees.

(3) Pursuant to 20-5-101 (3), if a pupil who receives a diploma pursuant to this section is not yet 19 years of age, the trustees may admit the individual to provide any reasonable curriculum designed to advance postsecondary success, including courses for postsecondary credit and career training.

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

(a) "Board of public education" has the same meaning as provided in 20-1-101 .

(b) "Educational disruption" means a disruption experienced during grades nine through twelve caused by homelessness, involvement in the child welfare system or juvenile justice system, a medical or mental health crisis, or another event considered a qualifying educational disruption by the trustees of the district.

(c) "Homelessness" has the same meaning as provided for the term "homeless children and youths" in 42 U.S.C. 11434a(2).

(d) "Pupil" has the same meaning as provided in 20-1-101 .
Mont. Code Ann. § 20-25-1310 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1310
20-25-1310 Alternatives to conventional insurance for providing employee group benefits -- requirements
Status: in_force

20-25-1310 . Alternatives to conventional insurance for providing employee group benefits -- requirements. (1) The commissioner may establish alternative plans to conventional insurance for providing Montana university system employee group benefits. In developing an alternative plan, the commissioner shall:

(a) maintain an alternative group benefits plan on an actuarially sound basis;

(b) maintain reserves sufficient to liquidate the unrevealed claims liability and other liabilities of an alternative group benefits plan; and

(c) deposit all reserve funds, state contributions, interest earnings, and premiums paid to an alternative group benefits plan. The deposits must be expended for claims under the alternative plan and for costs for administering the alternative plan, including the costs of hiring consultants, actuaries, and auditors.

(2) Prior to implementation of an alternative group benefits plan, the commissioner shall present to the advisory committee evidence upon which the commissioner has concluded that the alternative method is more efficient, less costly, or otherwise superior to contracting for conventional insurance.
Mont. Code Ann. § 20-7-1706 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1706
20-7-1706 Responsibilities of superintendent of public instruction -- rulemaking
Status: in_force

20-7-1706 . Responsibilities of superintendent of public instruction -- rulemaking. (1) The superintendent of public instruction shall make information about the program accessible through printed informational materials and the office of public instruction website to parents, students, and school districts.

(2) The superintendent of public instruction shall ensure that parents of qualified students receive notice that participation in the program is a parental placement under the Individuals With Disabilities Education Act, 20 U.S.C. 1412, along with an explanation of the rights that parentally placed students possess under the Individuals With Disabilities Education Act and any applicable state laws and regulations.

(3) The superintendent of public instruction may remove a qualified student from eligibility for an account if the parent fails to comply with the terms of the contract signed pursuant to 20-7-1705 , knowingly misuses account funds, or knowingly fails to comply with the terms of the contract with intent to defraud. If a qualified student is removed from eligibility, the superintendent of public instruction shall suspend the qualified student from the program and shall notify the parent in writing that the qualified student has been suspended and that no further reimbursements from the account will be allowed. The notification must specify the reason for the suspension and state that the parent has 10 business days to respond and take corrective action. If the parent refuses or fails within the 10-day period to contact the superintendent of public instruction or provide information or make a report that is required for reinstatement, the superintendent of public instruction may remove the qualified student from the program pursuant to this subsection. A parent may appeal the superintendent of public instruction's decision pursuant to Title 2, chapter 4, part 6.

(4) The superintendent of public instruction may refer cases of substantial misuse of account funds to the attorney general for investigation if the superintendent of public instruction obtains evidence of fraudulent use of an account.

(5) The superintendent of public instruction shall establish rules necessary for administering the program that are limited to the following:

(a) establishment of no fewer than two time periods each year during which a student's parent may notify the superintendent of public instruction of the parent's desire for the student to participate in the program. Each time period must be at least 1 month long. One period must be between September 1 and January 1, and the other time period must be between March 1 and June 1, based on the superintendent of public instruction's determination of school district and parent needs.

(b) verification of student eligibility pursuant to 20-7-1703 ;

(c) creation of a parent contract pursuant to 20-7-1705 ;

(d) notification of the resident school district of the student's participation in the program;

(e) calculation of the amount of the ESA student amount;

(f) accounting guidance related to the money remitted by school districts under 20-7-1709 (2);

(g) establishment of participation agreements to create a trust interest in the special needs equal opportunity education savings trust established in 20-7-1710 and provision for participation in the program; and

(h) procedures for reimbursement for the purchase of allowable educational resources from a student's account.
Mont. Code Ann. § 20-5-203 — MT Code / Title 20 / Chapter 5 / Part 2 / Section 20-5-203
20-5-203 Secret organization prohibited
Status: in_force

20-5-203 . Secret organization prohibited. (1) It shall be unlawful for any pupil to participate in or be a member of any secret fraternity or other secret organization that is in any degree a school organization. It also shall be unlawful for any pupil or other person to solicit any pupil to join any such prohibited secret fraternity or other secret organization.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not less than $5 or more than $25 for each violation.
Mont. Code Ann. § 20-7-1503 — MT Code / Title 20 / Chapter 7 / Part 15 / Section 20-7-1503
20-7-1503 Definitions
Status: in_force

20-7-1503 . Definitions. As used in this part, the following definitions apply:

(1) "Advanced opportunity" means any course, exam, or experiential, online, or other learning opportunity that is incorporated in a district's advanced opportunity plan and that is designed to advance each qualifying pupil's opportunity for postsecondary career and educational success.

(2) "Advanced opportunity aid" means, for each fiscal year, the following percentages of a district's total quality educator and qualified staff payment under 20-9-306 in the prior year after subtracting any adjustments to the district's total quality educator and qualified staff payment made under 20-9-324 and 20-9-383 :

(a) for an elementary district, 4.5%;

(b) for a high school district, 30%; and

(c) for a K-12 district, 18%.

(3) "Advanced opportunity facilitator" means an individual employed by a school district who coordinates between the school district, a qualifying pupil and the pupil's family, postsecondary institutions, employers, industry associations, community organizations, or any other individual or entity that provides an advanced opportunity.

(4) "Advanced opportunity plan" means a plan adopted by a board of trustees of a district that provides advanced opportunities for the pupils of the district.

(5) "District" means a school district as defined in 20-6-101 .

(6) "Qualifying pupil" means a pupil, as defined in 20-1-101 , that is enrolled and admitted by a district qualified for advanced opportunity aid under 20-7-1506 (3) who is in grades 6 through 12.
Mont. Code Ann. § 20-25-1006 — MT Code / Title 20 / Chapter 25 / Part 10 / Section 20-25-1006
20-25-1006 Motorcycle safety training course -- tuition
Status: in_force

20-25-1006 . Motorcycle safety training course -- tuition. (1) The board of regents may prescribe tuition rates for the motorcycle safety training courses. The tuition collected must be deposited in the state motorcycle safety account, as provided in 20-25-1002 .

(2) The board of regents may delegate authority to a unit of the university system to conduct motorcycle safety training courses and to approve instructors of motorcycle safety training.

(3) State agencies and subdivisions of the state may provide facilities, such as classrooms and outdoor paved areas or other resources, for conducting motorcycle safety training courses.

(4) Subject to the availability of funds, the board of regents may pay for construction, repair, or purchases from the state motorcycle safety account to provide facilities for motorcycle safety training courses.
Mont. Code Ann. § 20-7-605 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-605
20-7-605 Notification and processing of complaint against licensed textbook dealer
Status: in_force

20-7-605 . Notification and processing of complaint against licensed textbook dealer. (1) A district or county superintendent shall notify the superintendent of public instruction whenever it is ascertained that a licensed textbook dealer is:

(a) offering to sell textbooks at a higher price than the listed uniform sales price filed with the superintendent of public instruction;

(b) offering to sell textbooks at a higher shipping point price than the shipping point price of the same textbooks distributed elsewhere in the United States; or

(c) in any other way performing contrary to the laws regulating the offering of textbooks for sale or adoption to districts.

(2) Upon receipt of such notification from the district or county superintendent, the superintendent of public instruction shall notify the appropriate licensed textbook dealer of the complaint. If the superintendent of public instruction finds that the licensed textbook dealer has violated any provision of this section and the dealer fails to rectify the error within 30 days of the notification of the finding of a violation, the dealer shall forfeit the dealer's surety bond. The attorney general, upon written request of the superintendent of public instruction, shall proceed to collect by legal action the full amount of the surety bond. Any amount recovered must be paid into the state general fund.
Mont. Code Ann. § 20-9-134 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-134
20-9-134 Completion, filing, and delivery of final budgets
Status: in_force

20-9-134 . Completion, filing, and delivery of final budgets. After the final budget of the elementary, high school, or community college district has been adopted by the trustees, the county superintendent shall complete all the remaining portions of the budget forms and shall:

(1) send the final budget information to the superintendent of public instruction, on the forms provided by the superintendent, on or before September 15; and

(2) in the case of the community college districts, send the final budget information to the board of regents, on the forms provided by the community college coordinator, on or before August 15.
Mont. Code Ann. § 20-25-428 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-428
20-25-428 Tribal college payment for services provided to resident nonbeneficiary students
Status: in_force

20-25-428 . Tribal college payment for services provided to resident nonbeneficiary students. (1) Subject to a line item appropriation for purposes of this section, the regents shall provide a payment to tribal colleges for enrolled resident nonbeneficiary students who are taking courses for which credit is transferable to another Montana college or university.

(2) (a) Each tribal college shall apply to the regents for this payment. Except as provided in subsection (7), the money must be distributed on a prorated basis according to the eligible resident nonbeneficiary student enrollment in each tribal college during the previous year.

(b) To qualify, a resident nonbeneficiary student must meet the residency requirements as prescribed for the system by the regents and must be enrolled in courses for which credit is transferable to another Montana college or university.

(c) The distribution for any resident nonbeneficiary student payment must be limited to a maximum annual amount of $4,183 for each full-time equivalent student.

(3) A payment is contingent on the tribal college:

(a) being accredited or being a candidate for accreditation by the northwest commission on colleges and universities;

(b) entering into a contract or a state-tribal cooperative agreement, pursuant to Title 18, chapter 11, with the regents to provide the regents with documentation on:

(i) the number of resident nonbeneficiary students for whom the tribal college is entitled to a payment under this section; and

(ii) the curriculum to ensure that the content and quality of courses offered by the tribal college are consistent with the standards adopted by the system;

(c) providing the regents with documentation that credits for the courses in which the resident nonbeneficiary students are enrolled will be accepted at another Montana college or university; and

(d) filing with the regents evidence that the college's enrollment of Indian students is at least 51%, as required by the Tribally Controlled Community College Assistance Act of 1978, 25 U.S.C. 1804.

(4) (a) By June 15 of each year, a tribal college shall report to the regents the number of eligible resident nonbeneficiary students who attended the tribal college in that academic year.

(b) By August 15 of each year, the regents shall calculate the payment for each tribal college based on the number of eligible students submitted pursuant to subsection (4)(a) and distribute the funds to each tribal college.

(5) If funding is available pursuant to subsection (1), the legislature intends that the money be an amount in addition to the system budget approved in the general appropriations act.

(6) All funds appropriated under subsection (1) that are unspent revert to the state general fund.

(7) Prior to receiving money pursuant to subsection (1), each tribal college shall grant to eligible resident nonbeneficiary students who meet the residency requirements, as prescribed for the system by the regents, fee waivers in the same percentage as the number of Indian students who are receiving fee waivers to attend a unit of the system bears to the total enrollment in the system.

(8) The calculation in subsection (7) is not intended to allow the university system to retain the calculated amount of funds. Waivers must be given to eligible students.

(9) As used in this section, "resident nonbeneficiary student" means a resident of the state of Montana who is not:

(a) a member of an Indian tribe; or

(b) a biological child of a member of an Indian tribe, living or deceased.
Mont. Code Ann. § 20-25-229 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-229
20-25-229 Montana seed laboratory -- purpose -- fees
Status: in_force

20-25-229 . Montana seed laboratory -- purpose -- fees. (1) There is established as a part of the agricultural experiment station the Montana seed laboratory.

(2) The purpose of the laboratory is to conduct effective scientific and practical research or testing work to develop as complete and accurate an analysis of grains and seeds as requested.

(3) The laboratory is under the general direction of the director of the agricultural experiment station.

(4) The laboratory shall:

(a) establish procedures for submitting seed samples for analysis; and

(b) determine the appropriate fees for analytical services provided by the laboratory.
Mont. Code Ann. § 20-9-703 — MT Code / Title 20 / Chapter 9 / Part 7 / Section 20-9-703
20-9-703 District as prime agency
Status: in_force

20-9-703 . District as prime agency. (1) When the prime agency is a district, it is authorized and required to establish a nonbudgeted interlocal cooperative fund for the purpose of the financial administration of the interlocal cooperative agreement. All revenues received, including federal, state, or other types of grant payments in direct support of the agreement and the financial support provided by cooperating agencies, shall be deposited in such fund. All financial support of the agreement contributed by a district designated as the prime agency may be transferred to the interlocal cooperative fund from any fund maintained by such district by resolution of the trustees. Any such transfer to the interlocal cooperative fund shall be used to finance those expenditures under the agreement which are comparable to those that are permitted by law to be made out of the fund from which the transfer was made and which are within the final budget for the fund from which the transfer was made. No transfer shall be made from the miscellaneous federal programs fund without the express approval of the superintendent of public instruction.

(2) All expenditures in support of the interlocal cooperative agreement shall be made from the interlocal cooperative fund established by the district which is the prime agency, except that expenditures in support of such agreement may be made from the miscellaneous federal programs fund when the express approval of the superintendent of public instruction is given.
Mont. Code Ann. § 20-7-457 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-457
20-7-457 Funding provisions for special education cooperatives
Status: in_force

20-7-457 . Funding provisions for special education cooperatives. (1) The superintendent of public instruction shall pay directly to a special education cooperative the special education allowable cost payments determined pursuant to 20-9-321 .

(2) A school district that elects to participate in a cooperative for special education purposes shall agree in the cooperative contract to participate for a period of at least 3 years.

(3) A cooperative that has not met the requirements of 20-7-454 may not be funded under the provisions of this section except by approval of the superintendent of public instruction. The superintendent shall adopt rules for approval of full service education cooperatives.

(4) A full service education cooperative may establish a retirement fund, a miscellaneous programs fund, and a transportation fund, as provided for in 20-9-201 , for the purposes of a full service education cooperative contract and the purposes allowed by law.

(5) The superintendent of public instruction, after consulting with regional representatives, shall define boundaries for cooperatives established for special education programs that incorporate the territory of all public school districts.

(6) Restructuring of cooperatives established for providing special education services must:

(a) be limited to a statewide total of no more than 23;

(b) include districts that are adjacent to each other and not overlapping into another cooperative's territory; and

(c) provide that all districts located within a cooperative's boundary may voluntarily become a cooperative member.
Mont. Code Ann. § 20-15-210 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-210
20-15-210 Qualification and organization of board of trustees
Status: in_force

20-15-210 . Qualification and organization of board of trustees. (1) Newly elected members of the board of trustees of the community college district must be qualified by taking the oath of office prescribed by the constitution of Montana. At the organization meeting called by the board of regents, the board of trustees must be organized by the election of a presiding officer and a secretary.

(2) The treasurer of the community college district is the county treasurer of the county in which the community college facilities are located. The duties of the county treasurer are referenced in 20-9-212 .
Mont. Code Ann. § 20-9-122 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-122
20-9-122 Statement of district, city, and town valuations
Status: in_force

20-9-122 . Statement of district, city, and town valuations. (1) By the first Monday of August, the department of revenue shall deliver to the county superintendent and to each city or town clerk a statement showing separately for each district and each city or town in the county the total assessed value and the total taxable value of all property in the districts, cities, or towns, as these valuations appear in the property tax record.

(2) In the case of a joint school district, the department of revenue shall, at the time of delivering the statement to the county superintendent, send a statement of the assessed value and taxable value of the portion of the joint school district situated in the appropriate county to the county superintendents and to the county commissioners of each county in which a part of the joint school district is situated.
Mont. Code Ann. § 20-20-420 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-420
20-20-420 School recount board -- duties -- composition
Status: in_force

20-20-420 . School recount board -- duties -- composition. (1) There is a school recount board. If a school election requires a recount pursuant to 13-16-201 , the school recount board shall perform the recount following the procedures for a recount board as provided in Title 13, chapter 16.

(2) (a) The school recount board must consist of three members of the board of trustees of the school district for which the school election took place.

(b) If there are more than three members of the board of trustees, the presiding officer of the board of trustees shall appoint three trustees to serve as school recount board members. If the presiding officer of the board of trustees is a candidate for an office or nomination for which votes are to be recounted, another trustee chosen by majority vote shall serve as the presiding officer for purposes of appointing the school recount board members.

(c) If one or more of the trustees appointed to the school recount board cannot serve or cannot attend when the school recount board meets, the presiding officer shall appoint one or more remaining trustees to serve. If there is an insufficient number of trustees to serve on the school recount board, the presiding officer may appoint the school district clerk or the clerk's designee or the county superintendent or the superintendent's designee to serve as the remaining member or members.

(d) A candidate for an office or nomination for which votes are to be recounted may not be a member of the school recount board.

(e) The school district clerk is secretary of the school recount board, and the board may appoint school district employees or hire any additional clerks as needed.
Mont. Code Ann. § 20-9-213 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-213
20-9-213 Duties of trustees
Status: in_force

20-9-213 . Duties of trustees. The trustees of each district have the authority to transact all fiscal business and execute all contracts in the name of the district. A person other than the trustees acting as a governing board may not expend money of the district. In conducting the fiscal business of the district, the trustees shall:

(1) cause the keeping of an accurate, detailed accounting of all receipts and expenditures of school money for each fund and account maintained by the district in accordance with generally accepted accounting principles and the rules prescribed by the superintendent of public instruction. The record of the accounting must be open to public inspection at any meeting of the trustees.

(2) authorize all expenditures of district money and cause warrants or checks, as applicable, to be issued for the payment of lawful obligations;

(3) issue warrants or checks, as applicable, on any budgeted fund in anticipation of budgeted revenue, except that the expenditures may not exceed the amount budgeted for the fund;

(4) invest any money of the district, whenever in the judgment of the trustees the investment would be advantageous to the district, either by directing the county treasurer to invest any money of the district or by directly investing the money of the district in eligible securities, as identified in 7-6-202 , in savings or time deposits in a state or national bank, building or loan association, savings and loan association, or credit union insured by the FDIC or NCUA located in the state, or in a repurchase agreement that meets the criteria provided for in 7-6-213 . All interest collected on the deposits or investments must be credited to the fund from which the money was withdrawn, except that interest earned on account of the investment of money realized from the sale of bonds must be credited to the debt service fund or the building fund, at the discretion of the board of trustees. The placement of the investment by the county treasurer is not subject to ratable distribution laws and must be done in accordance with the directive from the board of trustees. A district may invest money under the state unified investment program established in Title 17, chapter 6, or in a unified investment program with the county treasurer, with other school districts, or with any other political subdivision if the unified investment program is limited to investments that meet the requirements of this subsection (4), including those investments authorized by the board of investments under Title 17, chapter 6. A school district that enters into a unified investment program with another school district or political subdivision other than the state shall do so under the auspices of and by complying with the provisions governing interlocal cooperative agreements authorized under Title 7, chapter 11, and educational cooperative agreements authorized under Title 20, chapter 9, part 7. A school district either shall contract for investment services with any company complying with the provisions of Title 30, chapter 10, or shall contract with the state board of investments for investment services.

(5) cause the district to record each transaction in the appropriate account before the accounts are closed at the end of the fiscal year in order to properly report the receipt, use, and disposition of all money and property for which the district is accountable;

(6) report annually to the county superintendent, not later than August 15, the financial activities of each fund maintained by the district during the last-completed school fiscal year, on the forms prescribed and furnished by the superintendent of public instruction. Annual fiscal reports for joint school districts must be submitted on or before August 15 to the county superintendent of each county in which part of the joint district is situated.

(7) whenever requested, report any other fiscal activities to the county superintendent, superintendent of public instruction, or board of public education;

(8) cause the accounting records of the district to be audited as required by 2-7-503 ; and

(9) perform, in the manner permitted by law, other fiscal duties that are in the best interests of the district.
Mont. Code Ann. § 20-6-509 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-509
20-6-509 School closure
Status: in_force

20-6-509 . School closure. Whenever it is in the best interest of the pupils affected, the trustees of any district may close any school of the district, except that a junior high school may be closed only by joint action of the trustees of the elementary district and the high school district in which the school is located. Whenever the trustees of a district close a school of the district, they shall provide the pupils of the closed school with transportation and tuition, if required, to other schools in accordance with the provisions of this title.
Mont. Code Ann. § 20-6-636 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-636
20-6-636 Prohibition against contingent fees -- penalty
Status: in_force

20-6-636 . Prohibition against contingent fees -- penalty. (1) Each contract entered into by a school district for architectural services shall contain a prohibition against contingent fees as follows: "The architectural firm warrants that it has not employed or retained any company or person, other than a bona fide full-time employee, to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide full-time employee, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement." Upon the breach or violation of this prohibition, the trustees shall have the right to terminate the agreement without liability and, at their discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

(2) Any individual, corporation, partnership, firm, or company, other than a bona fide full-time employee, is prohibited from offering, agreeing, or contracting to solicit or secure school district contracts for architectural services for any other individual, company, corporation, partnership, or firm.

(3) A public official or employee is prohibited from soliciting or securing, whether for consideration or not, a contract for professional services for another.

(4) A person convicted of violating subsection (1), (2), or (3) of this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Mont. Code Ann. § 20-7-503 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-503
20-7-503 District establishment of traffic education program
Status: in_force

20-7-503 . District establishment of traffic education program. (1) The trustees of any district operating a junior high school or high school may establish and maintain a traffic education course. The traffic education course shall be:

(a) for students who are 15 years old or older or will have reached their 15th birthday within 6 months of the course completion;

(b) taught by a teacher of traffic education;

(c) conducted in accordance with the basic course requirements established by the superintendent of public instruction; and

(d) taught during regular school hours, after regular school hours, on Saturdays, or as a summer school course, at the option of the trustees.

(2) (a) A school district may offer the classroom portion of a traffic education course through an online or distance learning platform.

(b) When a student completes the classroom portion of a traffic education course pursuant to subsection (2)(a), the student is authorized to take the hands-on driving portion of the traffic education course under the instruction of the student's parent or guardian.
Mont. Code Ann. § 20-31-202 — MT Code / Title 20 / Chapter 31 / Part 2 / Section 20-31-202
20-31-202 Duties of director
Status: in_force

20-31-202 . Duties of director. The director shall appoint a staff and execute policies and programs established by the board of regents for the fire services training school. The director is responsible for the direction of staff and operation of the school.
Mont. Code Ann. § 20-5-407 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-407
20-5-407 Rulemaking
Status: in_force

20-5-407 . Rulemaking. The department may adopt rules necessary to implement the provisions of this part.
Mont. Code Ann. § 20-1-214 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-214
20-1-214 School crossing guards
Status: in_force

20-1-214 . School crossing guards. (1) The trustees of a school district or the administration of a private school may organize and supervise school crossing guards for a school under their authority.

(2) The department of justice shall, in cooperation with the superintendent of public instruction and in accordance with the sign manual adopted by the department of transportation, prescribe by rule the identification, training requirements, and operation of school crossing guards.

(3) The purpose of school crossing guards is to influence and encourage pupils of the school to refrain from crossing public highways at points other than regular crossings, to direct pupils as to where and when to cross highways, and to direct traffic when pupils are crossing highways at regular crossings.
Mont. Code Ann. § 20-4-121 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-121
20-4-121 Interstate agreement on qualification of educational personnel
Status: in_force

20-4-121 . Interstate agreement on qualification of educational personnel. The interstate agreement on qualification of educational personnel is enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

Article I. Purpose -- Findings -- Policy

(1) The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it and to authorize specific interstate educational personnel contracts to achieve that end.

(2) The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators are lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational personnel.

Article II. Definitions

As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise, the following definitions apply:

(1) "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.

(2) "Designated state official" means the educational official of a state selected by that state to negotiate and enter into, on behalf of the official's state, contracts pursuant to this agreement.

(3) "Accept" or any variant thereof means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

(4) "State" means a state, territory, or possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico.

(5) "Originating state" means a state (and the subdivisions thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

(6) "Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

Article III. Interstate Educational Personnel Contracts

(1) The designated state official of a party state may make one or more contracts on behalf of the designated state official's state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it and the subdivisions of those states with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which the designated state official finds that there are programs of education, certification standards, or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable even though not identical to that prevailing in the designated state official's own state.

(2) Any such contract shall provide for:

(a) its duration;

(b) the criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state;

(c) such waivers, substitutions, and conditional acceptance as shall aid the practical effectuation of the contract without sacrifice of basic educational standards; and

(d) any other necessary matters.

(3) No contract made pursuant to this agreement shall be for a term longer than 5 years, but any such contract may be renewed for like or lesser periods.

(4) Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.

(5) The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.

(6) A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report not less than once a year to the heads of the appropriate education agencies of the contracting states.

Article IV. Approved and Accepted Programs

(1) Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.

(2) To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

Article V. Interstate Cooperation

The party states agree that:

(1) they will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement; and

(2) they will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

Article VI. Agreement Evaluation

The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement and to formulate recommendations for changes.

Article VII. Other Arrangements

Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

Article VIII. Effect -- Withdrawal

(1) This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement.

(2) Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

(3) No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

Article IX. Construction -- Severability

This agreement shall be liberally construed so as to effectuate the purpose thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement is held to be contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 20-9-313 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-313
20-9-313 Circumstances under which regular ANB may be increased
Status: in_force

20-9-313 . Circumstances under which regular ANB may be increased. The average number belonging of a budget unit of a school district, calculated in accordance with the ANB formula prescribed in 20-9-311 , may be increased when:

(1) the opening of a new elementary school or the reopening of an elementary school has been approved in accordance with 20-6-502 . An increase in the average number belonging for the appropriate budget unit resulting from the opening or reopening of the school must be established by the county superintendent and approved, disapproved, or adjusted by the superintendent of public instruction.

(2) the opening or reopening of a high school or a branch of the county high school has been approved in accordance with 20-6-503 , 20-6-504 , or 20-6-505 . An increase in the average number belonging for the appropriate budget unit must be established by the county superintendent's estimate, after an investigation of the probable number of pupils that will attend the high school.

(3) a district anticipates an increase in the average number belonging due to the closing of a private or public school in the district or a neighboring district. The estimated increase in average number belonging for the appropriate budget unit must be established by the trustees and the county superintendent and approved, disapproved, or adjusted by the superintendent of public instruction no later than the fourth Monday in June.

(4) a high school district provides early graduation for a student who completes graduation requirements in less than eight semesters or the equivalent amount of secondary school enrollment. The increase must be established by the trustees as though the student had attended to the end of the school fiscal year and must be approved, disapproved, or adjusted by the superintendent of public instruction.
Mont. Code Ann. § 20-10-204 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-204
20-10-204 Duties of trustees
Status: in_force

20-10-204 . Duties of trustees. (1) The trustees of any district offering school food services may:

(a) enter into contracts with the superintendent of public instruction for the purpose of obtaining funds, supplies and equipment, food commodities, and facilities necessary for the establishment, operation, and maintenance of the school food services;

(b) sell food to the pupils and adults participating in the school food services in accordance with the policies of the superintendent of public instruction;

(c) accept any gift for use of the school food services;

(d) allocate federal funds received in lieu of property taxation to the school food services fund in accordance with the provisions of 20-10-205 ; and

(e) adopt such policies for the operation of school food services as are consistent with the regulations of the superintendent of public instruction and with the laws of Montana.

(2) When the trustees of any district offer school food services, they shall establish a school food services fund for the deposit of proceeds from the sale of food, gifts, and other moneys specified in this section and for the expenditure of such moneys in support of the school food services.
Mont. Code Ann. § 20-5-108 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-108
20-5-108 Tribal agreement with district for Indian child compulsory attendance and other agreements
Status: in_force

20-5-108 . Tribal agreement with district for Indian child compulsory attendance and other agreements. It shall be the duty of the trustees of any district where an Indian child resides to require the child to attend school in the same manner as any other child residing in the district, unless it is prohibited by the laws or treaties affecting the Indian tribe of which such child is a member or the Indian reservation on which such child resides. When such a prohibition exists, the trustees of any district shall have the authority to accept from the tribal council or other governing body of the Indian tribe or the Indian reservation authorization to enforce the compulsory attendance provisions of this title and compel the school attendance of the Indian children belonging to the tribe or residing on the reservation.
Mont. Code Ann. § 20-25-1320 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1320
20-25-1320 Insurance commissioner duties -- independent reviewer qualifications
Status: in_force

20-25-1320 . Insurance commissioner duties -- independent reviewer qualifications. (1) The insurance commissioner shall:

(a) approve any independent reviewer that is eligible to adjudicate disputes under 20-25-1315 through 20-25-1320 ;

(b) maintain a list of independent reviewers eligible to adjudicate disputes under 20-25-1315 through 20-25-1320 ;

(c) terminate approval of an independent reviewer and remove the independent reviewer from the list of approved independent reviewers upon determining that an independent reviewer no longer meets the requirements to adjudicate disputes; and

(d) adopt rules necessary to implement 20-25-1315 through 20-25-1320 , including rules regarding discovery and other procedures regarding the dispute resolution process and eligibility of an independent reviewer.

(2) An individual is eligible to be an independent reviewer under 20-25-1315 through 20-25-1320 if the individual is knowledgeable and experienced in applicable principles of contract and insurance law.

(3) In approving an individual as an independent reviewer, the insurance commissioner shall ensure that the individual does not have a conflict of interest that would adversely impact the individual's independence and impartiality in rendering a decision in an independent dispute resolution procedure under 20-25-1318 and 20-25-1319 . A conflict of interest includes but is not limited to an ownership or direct familial interest in an insurer, a health care provider, or an air ambulance service that may be involved in an independent dispute resolution procedure under 20-25-1318 and 20-25-1319 .

(4) In approving an individual as an independent reviewer, the insurance commissioner may not approve an individual who is currently serving in any matter as a hearing officer for the commissioner.
Mont. Code Ann. § 20-32-104 — MT Code / Title 20 / Chapter 32 / Part 1 / Section 20-32-104
20-32-104 Apportionment of costs
Status: in_force

20-32-104 . Apportionment of costs. The superintendent of public instruction and the commissioner of higher education shall share on a prorated basis according to the related student counts any costs incurred by the department of administration for the purposes of 20-32-102 (3).
Mont. Code Ann. § 20-25-213 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-213
20-25-213 Bureau director and assistants -- duties
Status: in_force

20-25-213 . Bureau director and assistants -- duties. The director and assistants of the bureau of mines and geology shall:

(1) take an oath to perform all required services;

(2) guard all confidential information accumulated in their work;

(3) refrain from pecuniary speculation or remunerative private work based upon knowledge of a commercial or economic nature acquired through their services until the knowledge is published and submitted to the people of Montana; and

(4) turn in to the bureau of mines and geology, as state property, all correspondence, notes, illustrations, and other accumulated data.
Mont. Code Ann. § 20-3-211 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-211
20-3-211 Disqualification of county superintendent
Status: in_force

20-3-211 . Disqualification of county superintendent. A county superintendent may not hear or decide matters of controversy pursuant to 20-3-210 when:

(1) the county superintendent is a party to or has an interest in the controversy;

(2) the county superintendent is related to either party in the controversy by consanguinity or affinity within the sixth degree, computed according to the rules of law;

(3) either party to the controversy makes and files with the county superintendent of schools an affidavit that the party has reason to believe and does believe that the party cannot have a fair and impartial hearing before the county superintendent by reason of the bias or prejudice of the county superintendent; or

(4) the controversy involves the education or possible identification of a child with a disability.
Mont. Code Ann. § 20-25-502 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-502
20-25-502 Qualification of students
Status: in_force

20-25-502 . Qualification of students. The university system is open to all people, subject to such uniform regulations as the regents deem proper.
Mont. Code Ann. § 20-25-312 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-312
20-25-312 Motor vehicle regulation -- enforcement of regulations -- appeals
Status: in_force

20-25-312 . Motor vehicle regulation -- enforcement of regulations -- appeals. (1) The regents may authorize the president of each unit to:

(a) assess fees for parking on campus subject to the approval of the regents after the regents' consultation with the respective student governing body of the unit;

(b) assess fines in accordance with a published schedule approved by the regents for violations of motor vehicle or parking regulations of each unit;

(c) order the removal of vehicles parked in violation of motor vehicle regulations of each unit at the expense of the violator;

(d) establish a system of appeals at each unit concerning parking violations;

(e) withhold the amount of any unpaid parking fine from any amount owing any student, employee, or faculty member, subject to the provisions of 17-4-105 ;

(f) prohibit a student from registering if the student has unpaid parking assessments or fines outstanding resulting from on-campus motor vehicle or parking violations within the previous year.

(2) The proceeds from fines and fees collected must be remitted to the unit at which collections are made and must be used for appropriate maintenance and construction of parking facilities and for traffic control.
Mont. Code Ann. § 20-6-807 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-807
20-6-807 Governing board -- initial board -- elections -- terms
Status: in_force

20-6-807 . Governing board -- initial board -- elections -- terms. (1) Subsections (2) through (5) apply to a public charter school not governed by the local school board.

(2) The governing board of a public charter school district must be composed of 7 members. The boundaries of the charter school district consist of the legal description of the campus of the charter school. A majority of the governing board members must be qualified electors of the county in which the public charter school is located. Members must:

(a) be qualified electors in the county in which the public charter school is located or a contiguous county but need not be qualified electors of the located school district; and

(b) possess documented knowledge or experience in the mission or focus of the public charter school.

(3) An applicant for a proposed public charter school shall identify the members of the initial governing board of the charter school district of which the charter school is a part in the proposal submitted to the board of public education. The initial governing board is responsible for preoperation of and initial operation of the public charter school.

(4) At the regular school election in the first year of operation of a public charter school, members must be elected by the qualified electors of the located school district in the same manner as local school boards, except as provided in subsections (2) and (5), in an election conducted by the local school board in the school district in which the public charter school is located. Any elector qualified to vote in the located school district under the provisions of 20-20-301 may vote.

(5) Members of governing boards serve for terms of 5 years, and the terms of members must be staggered to ensure continuity on the governing board.

(6) If the governing board of a public charter school is the local school board, the governing board shall establish and appoint members of an advisory board to provide recommendations and insight regarding the public charter school's operations. Members of the advisory board must include members with knowledge or experience in the mission or focus of the public charter school.
Mont. Code Ann. § 20-26-1111 — MT Code / Title 20 / Chapter 26 / Part 11 / Section 20-26-1111
20-26-1111 Access to governmental records
Status: in_force

20-26-1111 . Access to governmental records. The board may request from any state or local government agency or officer information that would aid in the collection of delinquent student loans. All state and local government officials and employees shall cooperate with the board in supplying the information and shall on request supply the board with any relevant information regarding the location of the debtor. The board shall use the information only for purposes related to the collection of student loans or other educational debts.
Mont. Code Ann. § 20-7-606 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-606
20-7-606 Doing business without textbook dealer's license -- penalty
Status: in_force

20-7-606 . Doing business without textbook dealer's license -- penalty. A textbook dealer who sells or offers for sale or adoption a textbook to any district or county superintendent without first obtaining a textbook license from the superintendent of public instruction shall be guilty of a misdemeanor. Upon conviction of the misdemeanor, the person shall be fined not less than $500 or more than $2,000.
Mont. Code Ann. § 20-9-369 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-369
20-9-369 Duties of superintendent of public instruction and department of revenue
Status: in_force

20-9-369 . (Temporary) Duties of superintendent of public instruction and department of revenue. (1) The superintendent of public instruction shall administer the distribution of guaranteed tax base aid by:

(a) providing each school district and county superintendent, by March 1 of each year, with the preliminary statewide and district guaranteed tax base ratios and, by May 1 of each year, with the final statewide and district guaranteed tax base ratios, for use in calculating the guaranteed tax base aid available for the ensuing school fiscal year;

(b) providing each school district and county superintendent, by March 1 of each year, with the preliminary statewide, county, and district mill values per ANB and, by May 1 of each year, with the final statewide, county, and district mill values per ANB, for use in calculating the guaranteed tax base aid and state advance and reimbursement for school facilities available to counties and districts for the ensuing school fiscal year;

(c) requiring each county and district that qualifies and applies for guaranteed tax base aid to report to the county superintendent all budget and accounting information required to administer the guaranteed tax base aid;

(d) keeping a record of the complete data concerning appropriations available for guaranteed tax base aid and the entitlements for the aid of the counties and districts that qualify;

(e) distributing the guaranteed tax base aid entitlement to each qualified county or district from the appropriations for that purpose.

(2) The superintendent shall adopt rules necessary to implement 20-9-366 through 20-9-369 .

(3) The department of revenue shall provide the superintendent of public instruction by December 1 of each year a final determination of the taxable value of property within each school district and county of the state reported to the department of revenue based on information delivered to the county clerk and recorder as required in 15-10-305 .

(4) The superintendent of public instruction shall calculate the district and statewide guaranteed tax base ratios by applying the prior year's direct state aid payment.
Mont. Code Ann. § 20-9-202 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-202
20-9-202 County officials for financial administration when joint district
Status: in_force

20-9-202 . County officials for financial administration when joint district. (1) When all of the schools of the joint district are located in one county, the school financial administration duties assigned to county officials shall be performed by those officials of the county wherein the schools of the district are located. When the schools of a joint district are located in more than one county, the superintendent of public instruction shall designate the county officials to perform such duties for the joint district.

(2) The designated county treasurer shall be the custodian of all joint district moneys and shall perform all other duties of the county treasurer for the joint district. The superintendent of public instruction shall disburse all moneys for a joint district to such county treasurer.
Mont. Code Ann. § 20-4-109 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-109
20-4-109 Fees for teacher and specialist certificates
Status: in_force

20-4-109 . Fees for teacher and specialist certificates. (1) (a) A person applying for the issuance or renewal of a teacher or specialist certificate shall pay a fee for each school fiscal year that the certificate is valid. In addition to this fee, a person who has never held any class of Montana teacher or specialist certificate or for whom an emergency authorization of employment has never been issued shall pay a filing fee. The fees must be paid to the superintendent of public instruction, who shall deposit the fees with the state treasurer to the credit of the state special revenue fund account, created in subsection (2), to be used for fully funding the costs of administering the teacher and specialist licensure program at the office of public instruction, including operations and maintenance of the licensure system and personnel costs.

(b) The superintendent of public instruction shall recommend to the board of public education annual and filing fee amounts sufficient to generate the revenue required to administer the teacher and specialist licensure program. In recommending the fees, the superintendent shall consider the revenues and expenses incurred in the prior 5 licensing renewal years, but the cash balance of the account in subsection (2) may not exceed two times the account's annual appropriation level. The recommendation must include documentation sufficient to support the fees charged to support the licensure program. The board of public education shall set the annual and filing fee amounts based on the superintendent's recommendation.

(2) There is an account in the state special revenue fund. Money from fees for teacher or specialist certificates required in subsection (1) must be deposited in the account and used for administering the teacher and specialist licensure program at the office of public instruction.
Mont. Code Ann. § 20-4-207 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-207
20-4-207 Dismissal of teacher under contract
Status: in_force

20-4-207 . Dismissal of teacher under contract. (1) The trustees of any district may dismiss a teacher before the expiration of the teacher's employment contract for good cause.

(2) (a) The following persons may recommend the dismissal of a teacher for cause under subsection (1):

(i) a district superintendent;

(ii) in a district without a district superintendent, a principal; or

(iii) in a district without a district superintendent or a principal, the county superintendent or a trustee of the district.

(b) A person listed in subsection (2)(a) who recommends dismissal of a teacher shall give notice of the recommendation in writing to each trustee of the district and to the teacher.

(c) The notice must state clearly and explicitly the specific reason or reasons that led to the recommendation for dismissal.

(3) (a) Whenever the trustees of any district receive a recommendation for dismissal, the trustees shall notify the teacher of the right to a hearing before the trustees either by certified letter or by personal notification for which a signed receipt must be returned. The teacher may in writing waive the right to a hearing. Unless the teacher waives the right to a hearing, the teacher and trustees shall agree on a hearing date not less than 10 days or more than 20 days from the notice of intent to recommend dismissal.

(b) The trustees shall conduct a hearing on the recommendation and resolve at the conclusion of the hearing to dismiss the teacher or to reject the recommendation for dismissal.

(4) With the exception of a county superintendent, a person who recommends dismissal pursuant to subsection (2) may suspend the teacher from active performance of duty with pay pending the hearing date if the teacher's behavior or acts that led to the recommendation for dismissal are contrary to the welfare of the students or the effective operation of the school district.

(5) Any teacher who has been dismissed may in writing within 20 days appeal the dismissal under the guidelines set forth in 20-4-204 . The teacher may appeal a decision to terminate an employment contract to the county superintendent if the teacher's employment is not covered by a collective bargaining agreement pursuant to Title 39, chapter 31. If the employment of the teacher is covered by a collective bargaining agreement, a teacher shall appeal a decision to terminate an employment contract to an arbitrator.
Mont. Code Ann. § 20-15-101 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-101
20-15-101 Definition
Status: in_force

20-15-101 . Definition. As used in this title, unless the context clearly indicates otherwise, the term "community college district" means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. Community college districts shall be in addition to any other districts existing in any portion of the area encompassed by the community college district.
Mont. Code Ann. § 20-1-301 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-301
20-1-301 School fiscal year
Status: in_force

20-1-301 . School fiscal year. (1) The school fiscal year begins on July 1 and ends on June 30. At least the minimum aggregate hours required in subsection (2) must be conducted during each school fiscal year, except that 1,050 aggregate hours of pupil instruction for graduating seniors may be sufficient. The minimum aggregate hours required in subsection (2) are not required for any pupil demonstrating proficiency pursuant to 20-9-311 (4)(d).

(2) The minimum aggregate hours required by grade are:

(a) 360 hours for half-time kindergarten or 720 hours for full-time kindergarten, as provided in 20-7-117 ;

(b) 720 hours for grades 1 through 3; and

(c) 1,080 hours for grades 4 through 12.

(3) Except for a circumstance related to an unforeseen emergency pursuant to Title 20, chapter 9, part 8, for any elementary or high school district that fails to provide for at least the minimum aggregate hours, as listed in subsections (1) and (2), to any pupil not demonstrating proficiency pursuant to 20-9-311 (4)(d), the superintendent of public instruction shall reduce the BASE aid for the district for that school year by two times an hourly rate, as calculated by the office of public instruction, for the aggregate hours missed by each pupil not demonstrating proficiency pursuant to 20-9-311 (4)(d).
Mont. Code Ann. § 20-3-337 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-337
20-3-337 Plan for creating single-member trustee districts -- petition election
Status: in_force

20-3-337 . Plan for creating single-member trustee districts -- petition election. (1) Except as provided in subsection (8), the board of trustees of a school district may establish a procedure for studying the appropriateness of creating single-member trustee districts within the school district.

(2) If the board considers a single-member district plan, the plan must establish single-member districts that:

(a) are as compact in area and as equal in population as possible; and

(b) provide equitable voting rights for the minorities residing within the school district by ensuring that the access of minorities to the political process is not diluted in contravention of the Voting Rights Act Amendments of 1982, Public Law 97-205.

(3) If the board determines that it is in the best interest of the electors of the school district, it shall:

(a) propose creation of a single-member trustee district plan;

(b) schedule and hold a public hearing on the proposed plan; and

(c) publish in a newspaper of general circulation in the district a notice of the public hearing, including a map of the proposed single-member trustee district plan, and the reasons why the board believes that the plan satisfies the criteria set forth in subsection (2).

(4) After the public hearing is held, the board shall forward a copy of the proposed single-member trustee district plan to the secretary of state and the superintendent of public instruction for review and comment. The copy of the proposed plan must be accompanied by:

(a) a map indicating the circulation of the newspaper in which the notice required in subsection (3) was published;

(b) the published notice of the public hearing;

(c) a map of the proposed single-member trustee district plan; and

(d) a summary of any public comments to the board regarding the proposed plan.

(5) After receiving comments from the secretary of state and the superintendent of public instruction, the board of trustees may amend, revise, approve, or disapprove the proposed plan. If the plan is adopted by the board, it shall:

(a) inform the county superintendent of schools of its adoption;

(b) publish notice of the adoption in a newspaper of general circulation within the district, including identification of the boundaries of each new single-member trustee district and the implementation date of the plan; and

(c) file with the county clerk and recorder a certificate designating the boundary lines and limits of each single-member trustee district.

(6) All successors to the board of trustees must be elected in accordance with the adopted single-member trustee district plan.

(7) A change in the boundaries of a trustee district may not be made within 3 months preceding a regular school election.

(8) If the board receives a petition signed by 10% or more of the qualified electors of the school district, the board shall submit the request to create a single-member trustee district to the electors who are qualified under 20-20-301 to vote on the request. The petition submitted to the board must:

(a) conform to the requirements of subsections (2)(a) and (2)(b);

(b) be forwarded to the secretary of state and the superintendent of public instruction for review and comment;

(c) include a map of the proposed single-member trustee district, identifying the boundaries of each new single-member trustee district and the implementation date of the district;

(d) be forwarded to the county clerk and recorder, designating the boundary lines and limits of each single-member trustee district; and

(e) include a plan for election and terms of trustees of the single-member district, who must be residents of the proposed district, and provide for the terms of successors to the board of trustees in a single-member trustee district approved by the electors.

(9) If the petition meets the requirements of subsection (8), the board shall call an election on the question of whether to create a single-member trustee district. The election must be held at the next school election scheduled pursuant to 20-20-105 and must be conducted in the manner prescribed by this title for school elections. The published notice must include a map and a description of the boundaries of the proposed district.

(10) If a majority of the votes cast at the election approve the creation of a single-member trustee district, the election administrator shall, within 10 days of receipt of the official canvass of the result, certify that the district is formed.

(11) When a trustee position becomes vacant in a single-member district, the position must be filled in accordance with the provisions of 20-3-309 , except that the position must be filled by a person who resides within the single-member district.
Mont. Code Ann. § 20-10-145 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-145
20-10-145 State transportation reimbursement
Status: in_force

20-10-145 . State transportation reimbursement. (1) A district providing school bus transportation or individual transportation in accordance with this title, board of public education transportation policy, and superintendent of public instruction transportation rules must receive a state reimbursement of its transportation expenditures under the transportation reimbursement rate provisions of 20-10-141 and 20-10-142 . The state transportation reimbursement is three-fourths of the reimbursement amounts established in 20-10-141 and 20-10-142 or one-half of the district's transportation fund budget, whichever is smaller, and must be computed on the basis of the number of days the transportation services were actually rendered to transport eligible transportees, as defined in 20-10-101 , to or from school to participate in the minimum aggregate hours of instruction required pursuant to 20-1-301 . In determining the amount of the state transportation reimbursement, an amount claimed by a district may not be considered for reimbursement unless the amount has been paid in the regular manner provided for the payment of other financial obligations of the district.

(2) Requests for the state transportation reimbursement must be made by each district semiannually during the school fiscal year on the claim forms and procedure promulgated by the superintendent of public instruction. The claims for state transportation reimbursements must be routed by the district to the county superintendent, who after reviewing the claims shall send them to the superintendent of public instruction. The superintendent of public instruction shall establish the validity and accuracy of the claims for the state transportation reimbursements by determining compliance with this title, board of public education transportation policy, and the transportation rules of the superintendent of public instruction. After making any necessary adjustments to the claims, the superintendent of public instruction shall order a disbursement from the state money appropriated by the legislature of the state of Montana for the state transportation reimbursement.

(3) The superintendent of public instruction shall make the disbursement to each school district according to the following schedule:

(a) By September 1 of each year, the superintendent of public instruction shall make a payment equal to 50% of the state transportation reimbursement paid to the district in the previous school year.

(b) By March 31 of each year, the superintendent of public instruction shall make a payment to the district equal to the approved amount of state reimbursement for first semester transportation claims less the amount distributed to the district under subsection (3)(a).

(c) By June 30 of each year, the superintendent of public instruction shall make a payment to the district to pay the balance of the approved amount due to the district for first and second semester transportation.

(4) Unless authorized for payment to a school district investment account established under 20-9-235 , the payment of all the district's claims within one county must be made to the county treasurer of the county, and the county superintendent shall apportion the payment in accordance with the apportionment order supplied by the superintendent of public instruction.

(5) After adopting a budget amendment for the transportation fund in accordance with 20-9-161 through 20-9-166 , the district shall send to the superintendent of public instruction a copy of each new or amended individual transportation contract and each new or amended bus route form to which the budget amendment applies. State reimbursement for the additional obligations must be paid as provided in subsection (1).
Mont. Code Ann. § 20-7-1709 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1709
20-7-1709 Montana special needs equal opportunity education savings account -- funding and administration
Status: in_force

20-7-1709 . Montana special needs equal opportunity education savings account -- funding and administration. (1) Following receipt of a signed contract pursuant to 20-7-1705 , the superintendent of public instruction shall notify the resident school district of the qualifying student's participation in the program and the amount calculated by dividing the student's ESA student amount by 10.

(2) (a) Beginning with the next distribution of BASE aid payments pursuant to 20-9-344 for the months of August through May, the resident school district shall remit to the office of public instruction the amount calculated in subsection (1) for each participating student by no later than the 10th of the month following the BASE aid distribution.

(b) A school district may elect to have the office of public instruction provide the amount calculated under subsection (1) in the first year of a student's participation in the program in the school district. In this circumstance:

(i) the office of public instruction shall use money from the BASE aid appropriation and account for the money as provided in subsection (4); and

(ii) in the first year in which the student is no longer participating in the program in the school district, the office of public instruction shall reduce the school district's BASE aid payment by an amount equivalent to the amount provided by the office of public instruction under this subsection (2)(b), increased by the same inflationary adjustment provided by the legislature for the basic and per-ANB entitlement amounts calculated as provided in 20-9-306 since the student's first year of participation in the program in the school district.

(3) The money remitted under subsection (2):

(a) must be from the district's general fund;

(b) may not include revenue from the guarantee account described in 20-9-622 ; and

(c) must be accounted for under rules adopted by the superintendent of public instruction.

(4) The superintendent of public instruction shall account for the money remitted under subsection (2) as follows:

(a) 95% of the money must be deposited in accounts within the special needs equal opportunity education savings trust established in 20-7-1710 to be used only for reimbursing parents for the purchase of allowable educational resources pursuant to 20-7-1704 ; and

(b) 5% of the money must be deposited in the office of public instruction special needs equal opportunity ESA administration account established in subsection (7).

(5) The office of public instruction shall ensure that the participating student is included in the resident school district's ANB calculation pursuant to 20-9-311 in any year that the student remains otherwise eligible for inclusion and participates in the program. No other school district may count the student for ANB purposes. The participating student is not considered to be enrolled in the resident school district.

(6) The office of public instruction shall administer the individual student accounts pursuant to subsection (4)(a) so that:

(a) reimbursements are made promptly to parents for the purchase of allowable educational resources for a participating student pursuant to 20-7-1704 ; and

(b) on a student's 24th birthday, the student's account is closed and any remaining funds in the student's account are returned to the guarantee account described in 20-9-622 .

(7) (a) There is an office of public instruction special needs equal opportunity ESA administration account within the state special revenue fund created in 17-2-102 consisting of 5% of the money remitted to the office of public instruction pursuant to subsection (2).

(b) Funds in the office of public instruction special needs equal opportunity ESA administration account are statutorily appropriated, as provided in 17-7-502 , to the office of public instruction and must be used for the costs of administering the program.
Mont. Code Ann. § 20-26-1102 — MT Code / Title 20 / Chapter 26 / Part 11 / Section 20-26-1102
20-26-1102 Authorization to establish student loan program
Status: in_force

20-26-1102 . Authorization to establish student loan program. (1) The board may establish and contract for the operation of a student loan program to make available to students improved opportunities for education by guaranteeing loans in accordance with applicable federal law to persons attending or accepted for enrollment at an eligible educational institution.

(2) The board is designated as the state representative for receiving federal, public, or private money that is now or will be made available under any act of the congress of the United States or otherwise for purposes of a student loan program.
Mont. Code Ann. § 20-9-209 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-209
20-9-209 Lapse of budgeted appropriations and provision for unpaid claims
Status: in_force

20-9-209 . Lapse of budgeted appropriations and provision for unpaid claims. (1) All appropriations for a budgeted fund in the regular budget or for a budget amendment for a given school fiscal year lapse on the last day of the school fiscal year, except the appropriations for:

(a) uncompleted improvements in progress of construction; and

(b) an obligation for the purchase of personal property ordered but not paid for during the current fiscal year.

(2) A lawful claim presented to the district for payment under a lapsed appropriation is an obligation of the budget for the next school fiscal year.
Mont. Code Ann. § 20-9-603 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-603
20-9-603 Acceptance and expenditure of federal moneys for state
Status: in_force

20-9-603 . Acceptance and expenditure of federal moneys for state. (1) The governor and the superintendent of public instruction are authorized on behalf of the state of Montana to request and accept money that is or will be made available under any act of congress of the United States or otherwise for purposes of public school building construction or for any other purposes of public schools and public education as permitted under the laws of the state of Montana and as authorized by the grants from the federal government. The money must be deposited by the governor and superintendent of public instruction in the state treasury and is available for appropriation to the superintendent of public instruction. The money must be expended for the purpose of public school building construction or for any other purposes of public schools and public education as permitted under the laws of the state of Montana and as authorized by the grants from the federal government.

(2) The governor and superintendent of public instruction are further authorized on behalf of the state of Montana to accept money provided from federal sources for the express purpose of distribution to nonpublic education. The money must be deposited by the governor and superintendent of public instruction in the state treasury and is available for appropriation to the superintendent of public instruction. The money must be distributed in the manner provided by the laws of the state of Montana and as authorized or expressed by grants from the federal government.

(3) All expenditures of money from federal sources under this section must be made under the supervision and in the discretion of the superintendent of public instruction. Any balance in the account in which the money is maintained may not lapse at any time but must be continuously available to the superintendent of public instruction for expenditures consistent with this title and acts of the federal government.
Mont. Code Ann. § 20-9-604 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-604
20-9-604 Gifts, legacies, devises, and administration of endowment fund
Status: in_force

20-9-604 . Gifts, legacies, devises, and administration of endowment fund. (1) The trustees of a district may accept gifts, legacies, and devises, subject to the conditions imposed by the deed of the donor or the will of the testator or without any conditions imposed. Unless otherwise specified by the donor, devisor, or testator, when a district receives a gift, legacy, or devise, the trustees may deposit the gift, legacy, devise, or the proceeds in any budgeted or nonbudgeted fund at the discretion of the trustees and may thereafter transfer any portion of the gift, legacy, devise, or proceeds to any other fund at the discretion of the trustees.

(2) If the trustees accept a gift, legacy, or devise pursuant to subsection (1) and if the donor, devisor, or testator specifies the gift, legacy, or devise for an endowment, the trustees shall deposit the gift, legacy, devise, or proceeds in an endowment fund and shall administer the endowment fund so as to preserve the principal from loss, and only the income from the fund may be appropriated for any purpose. Money deposited in the endowment fund must be invested by the trustees according to the provisions of the Uniform Management of Institutional Funds Act, Title 72, chapter 30. All interest collected on the deposits or investments must be credited to the endowment fund.

(3) Whenever a district has been abandoned, the endowment fund of the abandoned district must be transferred and placed in the endowment fund in the district to which the territory is attached.

(4) As the custodian of the endowment fund, the county treasurer is liable on the treasurer's official bond for the endowment fund of any district of the county. By July 20, the county treasurer shall report to the trustees of each district on the condition of its endowment fund, including the status of the investments that have been made with the money of the fund. The county treasurer shall also include the endowment fund in the treasurer's reports to the board of county commissioners.

(5) The trustees of any district having an endowment fund shall provide suitable memorials for all persons or associations of persons making gifts to the district that become a part of the endowment fund.

(6) The trustees of a district that previously deposited donated funds in an endowment fund without specific instruction by the donor, devisor, or testator may move the donated funds and any accumulated interest to any other budgeted or nonbudgeted fund of the district and may spend donated funds and any accumulated interest unless restricted by condition imposed by the donor, devisor, or testator.

(7) The legislature encourages school district trustees to adopt a gift acceptance policy to determine the suitability of accepting gifts under this section.
Mont. Code Ann. § 20-10-205 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-205
20-10-205 Allocation of federal funds to school food services fund for federally connected, indigent pupils
Status: in_force

20-10-205 . Allocation of federal funds to school food services fund for federally connected, indigent pupils. The trustees of any school district receiving federal reimbursement in lieu of taxes may request the allocation of a portion of those federal funds to the school food services fund to provide free meals for federally connected, indigent pupils when the pupils are declared eligible. In granting the request, the county superintendent shall comply with the following procedures:

(1) The indigency must be certified by the local office of public assistance, assisted by a committee of three composed of the county superintendent, a representative of the county health department, and an authorized representative of the district.

(2) A certified, detailed claim for the amount of the federal reimbursement in lieu of taxes that is to be allocated to the school food services fund must be filed by the district with the county superintendent. The county superintendent shall confirm or adjust the amount of the claim by:

(a) determining that the pupils included on the claim have been declared indigent under subsection (1);

(b) determining the number of meals provided the indigent pupils by the school food services;

(c) determining the price for each meal that is charged to the nonindigent pupil; and

(d) multiplying the number of meals provided to indigent pupils by the price for each meal.

(3) After the county superintendent's confirmation or adjustment of the claim, the county superintendent shall notify the district and the county treasurer of the approved amounts for allocation to the school food services fund. The district shall deposit the approved amount in the school food services fund on receipt of the succeeding federal payment in lieu of taxes.
Mont. Code Ann. § 20-31-402 — MT Code / Title 20 / Chapter 31 / Part 4 / Section 20-31-402
20-31-402 Cost recovery fee
Status: in_force

20-31-402 . Cost recovery fee. The board of regents may establish a cost recovery fee for training of commercially employed firefighters, and the fees must be deposited in accordance with the higher education fund structure.
Mont. Code Ann. § 20-25-1304 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1304
20-25-1304 Functions of advisory committee
Status: in_force

20-25-1304 . Functions of advisory committee. (1) The commissioner shall consult with the advisory committee before modifying Montana university system group benefits plans or before adjusting employee premium levels.

(2) The advisory committee shall meet at least semiannually to:

(a) review the existing employee group benefits plans;

(b) review claims experience, projections, and problems;

(c) recommend changes in plan design;

(d) recommend employee premium rates; and

(e) advise the commissioner on employee group benefits matters.

(3) The advisory committee is the exclusive means by which collective bargaining agents may participate in the design or modification of group benefits plans and the establishment of employee premium levels.
Mont. Code Ann. § 20-25-709 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-709
20-25-709 Contributions from employers
Status: in_force

20-25-709 . Contributions from employers. Each employer must contribute toward the salary of each student employed under the program at a level determined by the board of regents of higher education but at a level no less than 30% of the student's hourly wage.
Mont. Code Ann. § 20-9-102 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-102
20-9-102 General supervision of school budgeting system
Status: in_force

20-9-102 . General supervision of school budgeting system. The superintendent of public instruction has general supervision over the school budgeting procedure and provisions, as they relate to elementary and high school districts, prescribed by law and shall establish such rules as are necessary to secure compliance with the school budgeting laws.
Mont. Code Ann. § 20-20-204 — MT Code / Title 20 / Chapter 20 / Part 2 / Section 20-20-204
20-20-204 Election notice
Status: in_force

20-20-204 . Election notice. (1) (a) When the trustees of a district call a school election, they shall give notice of the election not less than 10 days or more than 40 days before the election by:

(i) publishing a notice in a newspaper of general circulation if there is one in the district;

(ii) posting notices in three public places in the district; and

(iii) posting notice on the district's website, if the district has an active website, for 10 days prior to the election.

(b) Whenever, in the judgment of the trustees, the best interest of the district will be served by the supplemental publication or broadcast of the school election notice by any recognized media organization in the district, the trustees may cause the supplemental notification to be made.

(2) The notice of a school election, unless otherwise required by law, must specify:

(a) the date and polling places of the election;

(b) the hours that the polling places will be open;

(c) each proposition to be considered by the electorate;

(d) if there are trustees to be elected, the number of positions subject to election and the length of term of each position;

(e) where and how absentee ballots may be obtained; and

(f) where and how late registrants may obtain a ballot on election day.

(3) If more than one proposition is to be considered at the same school election, each proposition must be set apart and separately identified in the same notice or published in separate notices.
Mont. Code Ann. § 20-9-250 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-250
20-9-250 Innovative educational program account -- revenue allocated -- appropriations from account
Status: in_force

20-9-250 . (Temporary) Innovative educational program account -- revenue allocated -- appropriations from account. (1) There is an innovative educational program account in the state special revenue fund established in 17-2-102 . The funds in the account must be administered by the superintendent of public instruction.

(2) The superintendent of public instruction shall deposit in the account innovative educational program donations transferred from school districts because the donations exceed the limits provided for in 15-30-3110 (7).

(3) Interest and earnings on the account must be deposited in the account.

(4) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the superintendent of public instruction for distribution pursuant to 15-30-3110 (7)(c) to school districts that receive advanced opportunity aid under 20-7-1506 (4). The funds must be distributed in addition to the advanced opportunity aid distributions under 20-7-1506 (4) and at the same time and in the same proportion as the advanced opportunity aid distributions. (Terminates December 31, 2029--sec. 12, Ch. 558, L. 2023.)
Mont. Code Ann. § 20-31-103 — MT Code / Title 20 / Chapter 31 / Part 1 / Section 20-31-103
20-31-103 Purpose of school
Status: in_force

20-31-103 . Purpose of school. The purpose of the fire services training school is to:

(1) provide fire service personnel with professional training;

(2) identify new methods of fire prevention and suppression and disseminate information about them;

(3) provide a resource center for use by local fire services;

(4) provide testing and certification for personnel and apparatus; and

(5) coordinate fire services training in the state.
Mont. Code Ann. § 20-4-209 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-209
20-4-209 Notice of nonrenewal of nontenure teacher for financial reasons -- notice and opportunity for comment required
Status: in_force

20-4-209 . Notice of nonrenewal of nontenure teacher for financial reasons -- notice and opportunity for comment required. (1) When a district administrator proposes to nonrenew a nontenure teacher for financial reasons, the trustees shall include the proposed nonrenewal for financial reasons on the agenda of a meeting on or before June 1.

(2) A proposed nonrenewal of a nontenure teacher under subsection (1) is an action of significant interest to the public within the meaning of 2-3-103 .

(3) A nonrenewal of a nontenure teacher for financial reasons is a nonrenewal without cause as provided in 20-4-206 .

(4) The provisions of this section do not override provisions negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31.
Mont. Code Ann. § 20-25-1506 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1506
20-25-1506 Public accountability
Status: in_force

20-25-1506 . Public accountability. (1) A public postsecondary institution may prepare a report to identify a course of action to be taken by the institution to implement the requirements of this part.

(2) If a public postsecondary institution prepares a report pursuant to this section:

(a) the report must be revised and republished whenever the public postsecondary institution makes any changes or updates to the policies and procedures related to free speech and expressive activity on campus;

(b) the report must be posted to the public postsecondary institution's website. The report must be:

(i) accessible within three links from the institution's website homepage;

(ii) searchable by keywords and phrases; and

(iii) accessible to the public without having to register or use a username, password, or other user identification.

(c) the contents of the report must include:

(i) a description of any barriers to or incidents of disruption of expressive activity on campus, including but not limited to any attempt to block or prohibit a speaker;

(ii) the nature of the barrier or disruption;

(iii) information about any disciplinary action taken against any member of the public who is responsible for a specific barrier or disruption, without disclosing personally identifiable information of any student found to be responsible; and

(iv) any other information the public postsecondary institution considers valuable for the public to evaluate whether the free expression and expressive activity rights of all members of the public have been protected equally and enforced consistently with the provisions of this part.

(3) (a) The public postsecondary institution may submit the report biennially to the governor and, as provided in 5-11-210 , to the legislature at least 30 days prior to the start of each regular legislative session.

(b) If the public postsecondary institution is sued for an alleged violation of the complainant's first amendment rights, the public postsecondary institution may prepare and submit a supplementary report along with a copy of the complaint and any amended complaint to the governor and the legislature within 30 days of receiving the complaint or amended complaint.
Mont. Code Ann. § 20-9-140 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-140
20-9-140 Terminated
Status: in_force

20-9-140 . Terminated. Sec. 5, Ch. 561, L. 1999.
Mont. Code Ann. § 20-25-451 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-451
20-25-451 Interest on student activity fees
Status: in_force

20-25-451 . Interest on student activity fees. Interest earned on investment of student activity fees used to support a student government at a unit of the university system may be retained by the student government supported by the fees.
Mont. Code Ann. § 20-9-429 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-429
20-9-429 Trustees' resolution to issue school district bonds pursuant to public sale
Status: in_force

20-9-429 . Trustees' resolution to issue school district bonds pursuant to public sale. If the trustees conduct a public sale, at any time after the date of the election certificate, the trustees shall adopt a resolution calling for the sale of bonds of the school district. The resolution must specify:

(1) the number of series or installments in which the bonds are to be issued;

(2) the amount of bonds to be issued;

(3) the minimum purchase price of the bonds;

(4) the purpose or purposes of the issue;

(5) the date that the issue will bear;

(6) the period of time through which the issue will be paid;

(7) the manner of execution of the bonds;

(8) whether bids will be accepted for either serial or amortization bonds and, if so, the denomination of serial or amortization bonds;

(9) the date and time that the sale of the bonds must be conducted; and

(10) the minimum price fixed by the board of trustees for the bonds, which may not be less than 97% of the principal amount of the bonds if the board determines that the sale is in the best interests of the district.
Mont. Code Ann. § 20-7-114 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-114
20-7-114 Instructional assistance by superintendent of public instruction
Status: in_force

20-7-114 . Instructional assistance by superintendent of public instruction. The superintendent of public instruction shall, at the request of the district or county superintendent, assist the schools with the planning, implementation, operation, and evaluation of instruction through inservice training and individual consultation.
Mont. Code Ann. § 20-6-802 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-802
20-6-802 Public charter schools -- legislative findings and intent
Status: in_force

20-6-802 . Public charter schools -- legislative findings and intent. (1) The legislature finds that:

(a) parents desire education options for their children;

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

(c) creating options that assist parents and encourage students to develop their full educational potential is vital to the economic competitiveness of the state.

(2) It is the legislature's intent to establish public charter schools that are under the supervision and control of trustees who are elected by qualified electors pursuant to Article IV, section 2, and Article X, section 8, of the Montana constitution for the purposes of:

(a) enhancing Montana's system of education to develop the full educational potential of each person;

(b) enabling parents to make decisions on how best to educate their children;

(c) providing other public educational opportunities for all students, especially those at risk of academic failure;

(d) encouraging and inspiring the use of different models of teaching, governing, scheduling, and providing instruction in both public charter schools and noncharter public schools to meet a variety of student needs;

(e) advancing Montana's commitment to the preservation of American Indian cultural identity, pursuant to Article X, section 1(2), of the Montana constitution, and to the elimination of the American Indian achievement gap by encouraging students, parents, and community members in Indian country to pursue alternative educational opportunities through public charter schools; and

(f) ensuring accountability to the qualified electors and taxpayers in the community in which the charter school is located.

(3) It is the legislature's intent to create innovative and high-performing public charter schools under the general supervision of the board of public education and under the supervision and control of trustees of the governing board who are elected by qualified electors in the community where the charter school is located.
Mont. Code Ann. § 20-11-112 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-112
20-11-112 Charter contract -- terms
Status: in_force

20-11-112 . Charter contract -- terms. (1) An initial charter contract must be granted for a term of 5 operating years, commencing on the community choice school's first day of operation. An approved choice school may delay its opening for 1 school year to plan and prepare for the school's opening. If the school requires an opening delay of more than 1 school year, the school shall request an extension from its authorizer. The authorizer may grant or deny the extension depending on the school's circumstances.

(2) Within 45 days of approval of a choice school proposal, the authorizer and the governing board of the approved choice school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the choice school will be judged and the administrative relationship between the authorizer and the choice school, including each party's rights and duties.

(3) The performance provisions of the charter contract may be refined or amended by mutual agreement after the choice school is operating and has collected baseline achievement data for its enrolled students.

(4) The charter contract for a full-time virtual community choice school must include a description and agreement regarding the methods by which the school will:

(a) monitor and verify full-time student enrollment, student participation in a full course load, credit accrual, and course completion;

(b) monitor and verify student progress and performance in each course through regular, proctored assessments and submissions of coursework; and

(c) conduct parent-teacher conferences.

(5) The charter contract must be signed by the president of the authorizer's governing body and the president of the choice school's governing board. Within 10 days of executing a charter contract, the authorizer shall submit to the commission written notification of the charter contract execution, including a copy of the executed charter contract and any attachments.

(6) A community choice school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the authorizer's governing body.

(7) Authorizers may establish reasonable pre-opening requirements or conditions to monitor the startup progress of a newly approved choice school to ensure that the school is prepared to open smoothly on the date agreed and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening.
Mont. Code Ann. § 20-10-124 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-124
20-10-124 Private party contract for transportation -- individual transportation contract
Status: in_force

20-10-124 . Private party contract for transportation -- individual transportation contract. (1) When the trustees contract with any private party to provide transportation to eligible transportees, the private party shall comply with the regulations of the board of public education for the standards of equipment, operation and safety of the school bus, and qualifications of the driver. The trustees may require added safeguards by supplementing the board of public education policies in the contract with additional requirements for bus specifications, age of drivers, liability insurance, operating speed, or any other contractual condition considered necessary by the trustees.

(2) Any school bus transportation by a private party or individual transportation that is furnished by a district must be under contract, and district, county, or state money may not be paid for transportation services to any person or firm who does not hold a legal contract with the district. Transportation contracts for the ensuing year must be completed by the fourth Monday of June, except when an eligible transportee establishes residence in the district after the fourth Monday of June and a contingency amount is included in the regular transportation budget or an emergency transportation budget is adopted.

(3) Transportation contracts between a district and a private party for the provision of school bus transportation must:

(a) be completed in triplicate, with one copy for the county superintendent, one copy for the private party, and one copy for the district;

(b) conform to the transportation law, policies of the board of public education, and rules of the superintendent of public instruction; and

(c) be signed by the presiding officer of the trustees and the private party.

(4) A transportation contract between a parent or guardian of an eligible transportee and a district for the provision of individual transportation is subject to the following requirements:

(a) it must be completed in quadruplicate, with one copy for the parent or guardian, one copy for the district, one copy for the county superintendent, and one copy for the superintendent of public instruction;

(b) it must be completed on forms promulgated by the superintendent of public instruction;

(c) the parent or guardian shall sign an affidavit attesting to the place of residence of the child or children; and

(d) it must be signed by the presiding officer of the trustees and the parent or guardian of the eligible transportees.
Mont. Code Ann. § 20-7-115 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-115
20-7-115 Private music instruction
Status: in_force

20-7-115 . Private music instruction. Schools may grant credit to pupils completing courses of private music instruction conducted outside of school hours and at the pupils' own expense. The instruction shall be provided by a teacher holding a valid Montana teacher's certificate with a music endorsement. The district granting such credit shall provide adequate supervision for the instruction and shall determine the allowable credit for such courses.
Mont. Code Ann. § 20-5-320 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-320
20-5-320 Out-of-district attendance by parent or guardian request with no extenuating circumstances
Status: in_force

20-5-320 . Out-of-district attendance by parent or guardian request with no extenuating circumstances. (1) A child may be enrolled in and attend a school in a Montana school district that is outside of the child's district of residence at the request of the child's parent or guardian as described in this section.

(2) (a) Whenever a parent or guardian of a child wishes to have the child attend a school under the provisions of this section, the parent or guardian shall apply to the trustees of the district where the child wishes to attend.

(b) The application must be made on an out-of-district attendance agreement form supplied by the district and developed by the superintendent of public instruction. The attendance agreement must set forth the financial obligations, if any, for costs incurred for transporting the child as provided in 20-5-323 and Title 20, chapter 10.

(c) The trustees of the district of attendance may adopt policies for the application process, including but not limited to reasonable timelines for the submission of applications.

(d) The trustees of the district of attendance shall serve children who are residents of the district and nonresident children seeking enrollment under 20-5-321 prior to enrolling children under this section.

(e) In reviewing and determining whether to approve an application for attendance by a nonresident child, the trustees of the district of attendance shall approve the application unless the trustees find that the impact of approval of the application will negatively impact the quality of education for resident pupils by grade level, by school, or in the district in the aggregate in one or more of the following ways:

(i) the approval would result in exceeding limits of:

(A) building construction standards pursuant to Title 50, chapter 60;

(B) capacity and ingress and egress elements, either by individual room or by school building, of any fire code authorized by Title 50, chapter 3;

(C) maximum student contact hours for a teacher of the class or maximum class sizes under accreditation standards of the board of public education; or

(D) evacuation elements of the district's adopted school safety plan;

(ii) the approval would impede meeting goals, standards, or objectives of quality that the trustees have previously adopted in a plan for continuous educational improvement required under rules adopted by the board of public education; or

(iii) the approval would risk jeopardizing the educational quality within the district because the nonresident child who is applying was:

(A) truant as defined in 20-5-106 in the last school district attended;

(B) expelled by another school district at any time; or

(C) suspended in school or out of school in any school district in which the nonresident child was enrolled in any of the 3 school fiscal years preceding the school fiscal year for which attendance is requested. This subsection (2)(e)(iii)(C) does not apply to a student who is eligible for special education or related services.

(f) The trustees of a district that receives more applications than the district can accommodate under subsections (2)(e)(i) and (2)(e)(ii) may adopt and implement policy providing priority among the applications on any rational basis that prioritizes the quality of education for students who are residents of the district of attendance and the obligations of resident taxpayers.

(3) This section does not preclude the trustees of a district from approving an attendance agreement for educational program offerings not provided by the resident district, such as the kindergarten or grades 7 and 8 programs, if the trustees of both districts agree to the terms and conditions for attendance and any transportation requirement. The tuition requirements under 20-5-323 and 20-5-324 apply to agreements under this subsection. For purposes of this subsection, the trustees of the resident district shall initiate the out-of-district agreement.

(4) As used in 20-5-320 through 20-5-324 , the term "guardian" means the guardian of a minor as provided in Title 72, chapter 5, part 2.
Mont. Code Ann. § 20-7-602 — MT Code / Title 20 / Chapter 7 / Part 6 / Section 20-7-602
20-7-602 Textbook selection and adoption
Status: in_force

20-7-602 . Textbook selection and adoption. (1) Textbooks must be selected by the district superintendent or by the school principal if there is no district superintendent. The selections are subject to the approval of the trustees. In districts not employing a district superintendent or principal, the trustees shall select and adopt the textbooks on the basis of recommendations of the county superintendent.

(2) In selecting textbooks, the district shall ensure that the materials are made available to each blind or visually impaired child in a timely manner in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
Mont. Code Ann. § 20-6-634 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-634
20-6-634 Tentative and final proposals -- public meetings
Status: in_force

20-6-634 . Tentative and final proposals -- public meetings. Following the awarding of the contract, the trustees shall meet as often as necessary with the architectural firm to review the firm's plans and proposals. At least two of these meetings, one to review the firm's preliminary plans and one to review the firm's final proposals, shall be public meetings held after the trustees have given reasonable public notice. At these meetings the trustees shall consider any questions and testimony from the public.
Mont. Code Ann. § 20-8-120 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-120
20-8-120 Communications skills required of certain employees
Status: in_force

20-8-120 . Communications skills required of certain employees. (1) Each permanent employee of the school who works with deaf children or works for or with a fellow employee who is deaf shall acquire acceptable total communications skills as prescribed by the board of public education by the end of the first year of employment.

(2) Upon request to the board of public education by the superintendent, an exception to this requirement may be made for an employee not working directly with deaf children.
Mont. Code Ann. § 20-3-369 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-369
20-3-369 State school health trust operating reserve account -- distribution and uses
Status: in_force

20-3-369 . State school health trust operating reserve account -- distribution and uses. (1) There is a state school health trust operating reserve account in the state special revenue fund provided for in 17-2-102 . The purpose of the account is to provide a one-time-only distribution of incentive funding to the first self-funded district health insurance trust that is qualified by the state auditor pursuant to 20-3-366 .

(2) The state school health trust operating reserve account is statutorily appropriated, as provided in 17-7-502 , to the office of public instruction for distribution as provided in this section.

(3) If a trust has been qualified by the state auditor on or before June 30, 2026, for initial operation beginning July 1, 2026, the superintendent shall, on July 1, 2026, or on qualification by the state auditor, distribute $40 million to the district health insurance trust. The qualifying district health insurance trust shall use the funds to stabilize health insurance costs through capitalization of an operating reserve for the district members of the trust.

(4) If a trust has not been qualified by June 30, 2026, the account balance must be transferred to the capital developments long-range building program account for uses consistent with 17-7-209 .
Mont. Code Ann. § 20-4-101 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-101
20-4-101 System and definitions of teacher and specialist certification -- student teacher exception
Status: in_force

20-4-101 . System and definitions of teacher and specialist certification -- student teacher exception. (1) In order to establish a uniform system of quality education and to ensure the maintenance of professional standards, a system of teacher and specialist certification must be established and maintained under the provisions of this title and a person may not be permitted to teach in the public schools of the state until the person has obtained a teacher or specialist certificate or the district has obtained an emergency authorization of employment from the state.

(2) As used in this part, "teacher or specialist certificate" means a certificate issued or applied for under 20-4-106 . The term "teacher or specialist" refers to a person certified under 20-4-106 .

(3) The certification requirement does not apply to:

(a) a student teacher who is a student enrolled in an institution of higher learning approved by the board of regents of higher education for teacher training and who is jointly assigned by the institution of higher learning and the governing board of a district or a public institution to perform practice teaching in a nonsalaried status under the direction of a regularly employed and certificated teacher; or

(b) an instructor employed by the Montana university system or an accredited institution of equal rank and standing as that of any unit of the Montana university system when teaching any advanced course offered to pupils as defined in 20-1-101 for college credit, including courses provided pursuant to 20-3-324 (28).

(4) An individual to whom the certification requirement does not apply under subsection (3) must be accorded the same protection of the laws as that accorded a certificated teacher and shall, while performing functions authorized under subsection (3), comply with all rules of the governing board of the district or public institution and the applicable provisions of 20-4-301 relating to the duties of teachers.
Mont. Code Ann. § 20-6-209 — MT Code / Title 20 / Chapter 6 / Part 2 / Section 20-6-209
20-6-209 Elementary district abandonment
Status: in_force

20-6-209 . Elementary district abandonment. (1) The county superintendent shall declare an elementary district to be abandoned and order the attachment of the territory of the district to a contiguous district or districts of the county or, with the consent of the county superintendent of an adjacent county, to a contiguous district or districts in the adjacent county when:

(a) a school has not been operated by a district for at least the minimum aggregate hours under the provisions of 20-1-301 for each of 3 consecutive school fiscal years or a lesser number of aggregate hours as approved by the board of trustees under the provisions of 20-9-806 ; or

(b) there is an insufficient number of residents who are qualified electors of the district that can serve as the trustees and clerk of the district so that a legal board of trustees can be organized.

(2) The county superintendent shall notify the elementary district that has not operated a school for 2 consecutive years before the first day of the third year that the failure to operate a school for the minimum aggregate hours or a lesser number of aggregate hours than approved by the board of trustees under the provisions of 20-9-806 during the ensuing school fiscal year constitutes grounds for abandonment of the district at the conclusion of the succeeding school fiscal year. Failure by the county superintendent to provide the notification does not constitute a waiver of the abandonment requirement prescribed in subsection (1)(a).

(3) Any abandonment under subsection (1)(a) becomes effective on July 1. Any abandonment of an elementary district under subsection (1)(b) becomes effective immediately on the date of the abandonment order.
Mont. Code Ann. § 20-10-102 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-102
20-10-102 School bus requirements
Status: in_force

20-10-102 . School bus requirements. (1) A school bus may be operated by the district or other public agency for the conveyance of pupils or may be privately operated by a carrier to provide such conveyance of pupils under contract with a district or other public agency.

(2) Every school bus shall bear on the front and rear of the bus a plainly visible sign containing the words "school bus" in letters at least 8 inches in height.

(3) When a school bus is operated on a highway for purposes other than transporting pupils to and from school or for school functions, all markings identifying it as a school bus shall be concealed.
Mont. Code Ann. § 20-15-201 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-201
20-15-201 Requirements for organization of community college district
Status: in_force

20-15-201 . Requirements for organization of community college district. The registered electors in any area of the state of Montana may request an election for the organization of a community college district where the proposed community college district conforms to the following requirements:

(1) The proposed area coincides with the then-existing boundaries of contiguous elementary or K-12 districts of one or more counties.

(2) The taxable value of the proposed area is at least $10 million.

(3) There are at least 700 pupils regularly enrolled in public and private high schools located in the proposed area.
Mont. Code Ann. § 20-10-142 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-142
20-10-142 Schedule of maximum reimbursement for individual transportation
Status: in_force

20-10-142 . Schedule of maximum reimbursement for individual transportation. The following rates for individual transportation constitute the maximum reimbursement to districts for individual transportation from state and county sources of transportation revenue under the provisions of 20-10-145 and 20-10-146 . These rates constitute the limitation of the budgeted amounts for individual transportation for the ensuing school fiscal year. The schedules provided in this section may not be altered by any authority other than the legislature. When the trustees contract with the parent or guardian of any eligible transportee to provide individual transportation for each day of school attendance, they shall reimburse the parent or guardian for actual miles transported on the basis of the following schedule:

(1) When a parent or guardian transports an eligible transportee or transportees from the residence of the parent or guardian to a school or to schools located within 3 miles of one another, the total reimbursement for each day of attendance is determined by multiplying the distance in miles between the residence and the school, or the most distant school if more than one, by 2, subtracting 6 miles from the product, and multiplying the difference by 35 cents, provided that:

(a) if two or more eligible transportees are transported by a parent or guardian to two or more schools located within 3 miles of one another and if the schools are operated by different school districts, the total amount of the reimbursement must be divided equally between the districts;

(b) if two or more eligible transportees are transported by a parent or guardian to two or more schools located more than 3 miles from one another, the parent or guardian must be separately reimbursed for transporting the eligible transportee or transportees to each school;

(c) if a parent transports two or more eligible transportees to a school and a bus stop that are located within 3 miles of one another, the total reimbursement must be determined under the provisions of this subsection (1) and must be divided equally between the district operating the school and the district operating the bus;

(d) if a parent transporting two or more eligible transportees to a school or bus stop must, because of varying arrival and departure times, make more than one round-trip journey to the bus stop or school, the total reimbursement allowed by this section is limited to one round trip a day for each scheduled arrival or departure time;

(e) notwithstanding subsection (1)(a), (1)(b), (1)(c), or (1)(d), a reimbursement may not be less than 35 cents a day.

(2) When the parent or guardian transports an eligible transportee or transportees from the residence to a bus stop of a bus route approved by the trustees for the transportation of the transportee or transportees, the total reimbursement for each day of attendance is determined by multiplying the distance in miles between the residence and the bus stop by 2, subtracting 6 miles from the product, and multiplying the difference by 35 cents, provided that:

(a) if the eligible transportees attend schools in different districts but ride on one bus, the districts shall divide the total reimbursement equally; and

(b) if the parent or guardian is required to transport the eligible transportees to more than one bus, the parent or guardian must be separately reimbursed for transportation to each bus.

(3) When, because of excessive distances, impassable roads, or other special circumstances of isolation, the rates prescribed in subsection (1) or (2) would be an inadequate reimbursement for the transportation costs or would result in a physical hardship for the eligible transportee, a parent or guardian may request an increase in the reimbursement rate. A request for increased rates because of isolation must be made by the parent or guardian on the contract for individual transportation for the ensuing school fiscal year by indicating the special facts and circumstances that exist to justify the increase. Before an increased rate because of isolation may be paid to the requesting parent or guardian, the rate must be approved by the county transportation committee and the superintendent of public instruction after the trustees have indicated their approval or disapproval. Regardless of the action of the trustees and when approval is given by the committee and the superintendent of public instruction, the trustees shall pay the increased rate because of isolation. The increased rate is 1 1/2 times the rate prescribed in subsection (1).

(4) The state and county transportation reimbursement for an individual transportation contract may not exceed $12.95 for each day of attendance for the first eligible transportee and $8.40 for each day of attendance for each additional eligible transportee.

(5) When the isolated conditions of the household where an eligible transportee resides require an eligible transportee to live away from the household in order to attend school, the eligible transportee is eligible for the room and board reimbursement. Approval to receive the room and board reimbursement must be obtained in the same manner prescribed in subsection (3). The per diem rate for room and board is $12.95 for one eligible transportee and $8.40 for each additional eligible transportee of the same household.

(6) When the individual transportation provision is to be satisfied by supervised home study or supervised correspondence study, the reimbursement rate is the cost of the study, provided that the course of instruction is approved by the trustees and supervised by the district.
Mont. Code Ann. § 20-15-224 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-224
20-15-224 Board of trustees -- organization, meetings, quorum, mileage, and seal
Status: in_force

20-15-224 . Board of trustees -- organization, meetings, quorum, mileage, and seal. (1) (a) The trustees of each community college district shall annually organize as a governing board of the community college district at the next regularly scheduled meeting after the regular school election day and after the issuance of the election certificate to the newly elected trustees.

(b) In order to organize, the trustees of the community college district must be given notice by the coordinator of the time and place where the organization meeting will be held, and at the meeting they shall choose one of their members as presiding officer and as secretary. In addition, the trustees may employ or appoint a competent person who is not a member of the trustees as the clerk of the community college district.

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

(2) The board of trustees of the community college shall hold monthly meetings within the community college district on the day of the month the trustees may set. The presiding officer and secretary of the board or a majority of the board may also call special meetings of the board of trustees at any time and place within the community college district if in its judgment necessity requires the meeting. The secretary of the board shall give each member a 48-hour written notice of all special meetings.

(3) A majority of the board of trustees constitutes a quorum for the transaction of business, except that a contract may not be let, teacher employed or dismissed, or bill approved unless a majority of the total board membership votes in favor of the action.

(4) A member of the board of trustees must receive mileage, as provided for in 2-18-503 , for the distance necessarily traveled in going to and returning from the place of the meeting and the member's place of residence each day that the trip is actually made.

(5) The board shall keep a common seal with which to attest its official acts.
Mont. Code Ann. § 20-25-225 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-225
20-25-225 Experimental farms
Status: in_force

20-25-225 . Experimental farms. (1) In accordance with the provisions of the Morrill Act of July 2, 1862, the regents shall make available for the purchase of sites or experimental farms from any funds deposited in the Montana permanent fund credited to the state university through provisions of the Morrill Land Act of 1862, known as the agricultural college Morrill permanent fund, a sum not to exceed 10% of the amount of the fund.

(2) The total amount that may be used for purchase of lands for sites or experimental farms may not exceed 10% of the total amount accrued to the credit of the agricultural college Morrill permanent fund.

(3) Money apportioned from the endowment funds for the purchase of sites or experimental farms may not be applied directly or indirectly to the purchase, erection, preservation, or repair of any building.

(4) The regents shall approve purchases of sites or experimental farms, which must be essential for the research programs of the state university.
Mont. Code Ann. § 20-7-472 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-472
20-7-472 Individualized education program for child with blindness
Status: in_force

20-7-472 . Individualized education program for child with blindness. The individualized education program for each blind or visually impaired child must be provided in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
Mont. Code Ann. § 20-7-1401 — MT Code / Title 20 / Chapter 7 / Part 14 / Section 20-7-1401
20-7-1401 Short title
Status: in_force

20-7-1401 . Short title. This part may be cited as the "Cultural Integrity Commitment Act".
Mont. Code Ann. § 20-9-161 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-161
20-9-161 Definition of budget amendment for budgeting purposes
Status: in_force

20-9-161 . Definition of budget amendment for budgeting purposes. As used in this title, unless the context clearly indicates otherwise, the term "budget amendment" for the purpose of school budgeting means an amendment to an adopted budget of the district for the following reasons:

(1) an increase in the enrollment of an elementary or high school district that is beyond what could reasonably have been anticipated at the time of the adoption of the budget for the current school fiscal year whenever, because of the enrollment increase, the district's budget for any or all of the regularly budgeted funds does not provide sufficient financing to properly maintain and support the district for the entire current school fiscal year;

(2) the destruction or impairment of any school property necessary to the maintenance of the school, by fire, flood, storm, riot, insurrection, or act of God, to an extent rendering school property unfit for its present school use;

(3) a judgment for damages against the district issued by a court after the adoption of the budget for the current year;

(4) an enactment of legislation after the adoption of the budget for the current year that imposes an additional financial obligation on the district;

(5) the receipt of:

(a) a settlement of taxes protested in a prior school fiscal year;

(b) taxes from a prior school fiscal year as the result of a tax audit by the department of revenue or its agents;

(c) delinquent taxes from a prior school fiscal year; and

(d) a determination by the trustees that it is necessary to expend all or a portion of the taxes received under subsection (5)(a), (5)(b), or (5)(c) for a project or projects that were deferred from a previous budget of the district; or

(6) any other unforeseen need of the district that cannot be postponed until the next school year without dire consequences affecting:

(a) the safety of the students and district employees; or

(b) the educational functions of the district. Any budget amendment adopted pursuant to this subsection (6)(b) that in combination with other budget amendments within the same school fiscal year exceeds 10% of the district's adopted general fund budget must be reported by the school district to the education interim committee in accordance with 5-11-210 and the board of public education with an explanation of why the budget amendment is necessary.
Mont. Code Ann. § 20-3-204 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-204
20-3-204 Office hours
Status: in_force

20-3-204 . Office hours. (1) Except for a part-time county superintendent provided for under 20-3-201 (4), the county superintendent of schools shall, during the office hours determined by the governing body, keep the office of the county superintendent open each day when the county superintendent is not engaged in the supervision of schools, except legal holidays and Saturdays. However, when the county superintendent has a deputy or clerk, the office must be kept open during the hours determined by the governing body by resolution after a public hearing and consented to by the county superintendent, each day except legal holidays and Saturdays.

(2) This section does not apply to counties operating under the county manager plan.
Mont. Code Ann. § 20-7-1506 — MT Code / Title 20 / Chapter 7 / Part 15 / Section 20-7-1506
20-7-1506 Incentives for creation of advanced opportunity programs
Status: in_force

20-7-1506 . Incentives for creation of advanced opportunity programs. (1) A district that satisfies the conditions of subsection (2) and is qualified by the board of public education pursuant to subsection (3) is eligible for the funding and flexibilities in subsections (4) and (5).

(2) (a) To qualify for the funding and flexibilities in subsections (4) and (5), the board of trustees of a district shall submit an application that has been approved by motion of the board and signed by the presiding officer to the board of public education for approval of an advanced opportunity program on a form provided by the superintendent of public instruction.

(b) The school board's application must include a strategic plan with appropriate planning horizons for implementation, measurable objectives to ensure accountability, and planned strategies to:

(i) develop an advanced opportunity plan for each participating pupil from grades 6 through 12 that fosters individualized pathways for career and postsecondary educational opportunities and that honors individual interests, passions, strengths, needs, and culture and is supported through relationships among teachers, family, peers, the business community, postsecondary education officials, and other community stakeholders;

(ii) embed community-based, experiential, online, and work-based learning opportunities and foster a learning environment that incorporates both face-to-face and virtual connections; and

(iii) ensure equality of educational opportunity to participate by all qualifying pupils of the district.

(3) The board of public education shall:

(a) establish the opening and closing dates for receipt of applications and annual reports;

(b) no later than January 31, qualify for the subsequent school year nonparticipating districts that submit an application meeting the requirements of subsection (2) for the funding in subsection (4) and the flexibilities in subsection (5);

(c) no later than January 31, requalify for the subsequent school year participating districts that submit an annual report demonstrating continued qualification for funding under this section and including a report of progress toward measurable objectives under the district's advanced opportunity plan and any updates to the plan; and

(d) on or before September 15 of even-numbered years, report to the education interim committee pursuant to 5-11-210 on the progress made by districts operating under approved advanced opportunity plans. The report must address, at a minimum:

(i) the number of pupils benefiting from advanced opportunity aid;

(ii) the number and type of credits and certifications or credentials earned by pupils that have been paid for by the program;

(iii) projected growth in the program and funding needs for the next biennium; and

(iv) any issues with the program reported by pupils, parents, districts, postsecondary institutions, or examination administrators and how these issues are being addressed and whether the issues require legislative action.

(4) The superintendent of public instruction shall provide advanced opportunity aid to each district qualified by the board of public education under subsection (3) by October 1. The aid under this section must be distributed directly to the school district's flexibility fund under 20-9-543 .

(5) Advanced opportunity aid may be expended on any qualifying pupil by the district subject to the following conditions:

(a) at least 75% of a district's annual distribution of advanced opportunity aid must be spent or encumbered to address out-of-pocket costs that would otherwise, in the absence of such expenditure, be assumed by a qualifying pupil or the pupil's family as a result of participation in an advanced opportunity. The trustees have full discretion to allocate expenditures among all pupils of the district or any select group of pupils, using any reasonable method they consider appropriate in their full discretion to meet the individual needs of each pupil who pursues an advanced opportunity. The trustees may create free district initiatives of their own that satisfy the conditions of this subsection (5)(a). Permissible expenditures include but are not limited to:

(i) dual credit tuition at any institution under authority of the board of regents;

(ii) exam fees used for postsecondary advancement, placement, or credit, including but not limited to exam fees associated with the ACT, SAT, CLEP, career advancement, international baccalaureate, and advanced placement;

(iii) fees charged by and any out-of-pocket costs of any business providing work-based learning opportunities to a qualifying pupil of the district, including the cost of workers' compensation insurance for work-based learning opportunities;

(iv) exam and other fees of any industry-recognized credential or license for which a qualifying pupil is eligible as a result of participation in an advanced opportunity;

(v) the costs of participation for qualifying pupils in out-of-school enrichment activities that, in the discretion of the trustees, advance the pupil's opportunity for postsecondary career and educational success; and

(vi) the costs of participation for qualifying pupils that are identified as necessary, in the discretion of the district and upon request of a qualifying pupil, to maximize the benefit of an advanced opportunity for a qualifying pupil;

(b) advanced opportunity aid remaining that is not expended or carried forward for the purposes of subsection (5)(a) may be spent by the district to:

(i) provide any K-12 career and vocational/technical education course offered by the district; or

(ii) pay for the costs of employing an advanced opportunity facilitator as defined in 20-7-1503 .

(6) A district qualified for funding under subsection (3) may supplement state funding of advanced opportunity aid with matched expenditures from its adopted adult education budget, not to exceed 25% of the district's advanced opportunity aid. The conditions under subsection (5) apply to any matched expenditures funded under this subsection (6).

(7) The present law base calculated for K-12 local assistance under Title 17, chapter 7, part 1, must include advanced opportunity aid in an amount estimated to be sufficient to provide advanced opportunity aid to all districts of the state based on prior demand. Any shortfalls must be addressed in the same manner as funding of deficiencies in BASE aid under 20-9-351 .
Mont. Code Ann. § 20-20-104 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-104
20-20-104 Forms
Status: in_force

20-20-104 . Forms. The forms necessary for school district elections shall be the same as those prescribed by law or the secretary of state. The superintendent of public instruction may issue prescribed forms for school elections with any necessary revisions of prescribed or statutory forms.
Mont. Code Ann. § 20-11-117 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-117
20-11-117 Community choice school performance and renewal
Status: in_force

20-11-117 . Community choice school performance and renewal. (1) The performance provisions within the charter contract must be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the authorizer's evaluations of each choice school. The performance framework must include indicators, measures, and metrics for, at a minimum:

(a) student academic proficiency;

(b) student academic growth;

(c) achievement gaps in both proficiency and growth between major student subgroups;

(d) attendance;

(e) recurrent enrollment from year to year;

(f) postsecondary readiness;

(g) financial performance and sustainability; and

(h) governing board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.

(2) Each choice school, in conjunction with its authorizer, shall set annual performance targets designed to help each school meet applicable federal, state, and authorizer expectations.

(3) (a) The contract performance framework must include rigorous, valid, and reliable indicators proposed by a choice school to evaluate its performance that are consistent with the purposes of this part.

(b) The authorizer shall collect and analyze data from each choice school it oversees in accordance with the performance framework.

(c) Multiple schools operating under a single charter contract or overseen by a single governing board shall report their performance as separate, individual schools. Each school must be held independently accountable for its performance.

(4) (a) An authorizer shall monitor the performance and legal compliance of the choice schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer has the authority to conduct or require oversight activities that do not unduly inhibit the autonomy granted to choice schools but that enable the authorizer to fulfill its responsibilities under this part, including conducting appropriate inquiries and investigations consistent with the intent of this part, and to adhere to the terms of the charter contract. Required oversight activities may not encumber the choice school financially and may be appealed by the choice school through the commission.

(b) Each authorizer shall annually publish and provide as part of its annual report to the commission a performance report for each choice school it oversees, within the performance framework set forth in the charter contract and 20-11-112 . The authorizer may require each choice school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.

(c) In the event that a choice school's performance or legal compliance appears unsatisfactory, the authorizer shall promptly notify the choice school of the perceived problem and provide a reasonable opportunity for the school to remedy the problem.

(d) An authorizer may take appropriate corrective action or exercise sanctions short of revocation in response to apparent deficiencies in choice school performance or legal compliance. The action or sanctions may include, if warranted, requiring a choice school to develop and execute a corrective action plan within a specified timeframe.

(5) (a) A charter contract may be renewed for successive 5-year terms, although the authorizer may vary the term based on the performance, demonstrated capacities, and particular circumstances of each choice school. An authorizer may grant renewal with specific conditions for necessary improvement to a choice school.

(b) No later than June 30 of each year, the authorizer shall issue a choice school performance report and charter renewal application guide to any choice school whose charter contract will expire the following year. The performance report must summarize the choice school's performance record to date, based on the data required by this part and the charter contract, and must provide notice of any weaknesses or concerns perceived by the authorizer concerning the choice school that may jeopardize renewal if not promptly rectified. The choice school shall respond to the performance report and submit any corrections or clarifications within 90 days.

(6) The renewal application guide must, at a minimum, provide an opportunity for the choice school to:

(a) present additional evidence, beyond the data contained in the performance report, supporting its case for charter contract renewal;

(b) describe improvements undertaken or planned for the choice school; and

(c) detail the choice school's plans for the next charter contract term.

(7) The renewal application guide must include or refer explicitly to the criteria that will guide the authorizer's renewal decisions, based on the performance framework set forth in the charter contract and consistent with this part.

(8) (a) No later than February 1 of each year, the governing board of a community choice school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guide issued by the authorizer. The authorizer shall rule by resolution on the renewal application no later than 30 days after the filing of the renewal application.

(b) Every authorizer shall, when considering charter contract renewal:

(i) base its decision on evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;

(ii) ensure that the data used in making renewal decisions is available to the choice school and to the public; and

(iii) provide a public report summarizing the basis for each decision.
Mont. Code Ann. § 20-25-1318 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1318
20-25-1318 Independent dispute resolution
Status: in_force

20-25-1318 . Independent dispute resolution. (1) If an insurer or health plan and air ambulance service enter into dispute resolution, the procedure in 20-25-1319 is to be used to determine the fair market price of the services that are the subject of the claim.

(2) Payment of the fair market price calculated pursuant to 20-25-1319 constitutes payment in full of the claim.

(3) A determination under this section is not binding on the insurer or health plan and the air ambulance service.

(4) Unless otherwise agreed to by the parties, each party shall:

(a) bear its own attorney fees and costs incurred under the procedure provided in 20-25-1319 ; and

(b) equally bear all fees and costs of the independent reviewer.

(5) As used in this section, "fair market price" means the value of the services provided as determined by the independent reviewer based on the factors provided in 20-25-1319 (6).
Mont. Code Ann. § 20-9-508 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-508
20-9-508 Building fund
Status: in_force

20-9-508 . Building fund. (1) The trustees of a district shall establish or credit the building fund whenever the district:

(a) issues and sells bonds under the school district bonding provisions of this title for purposes other than refunding bonds of the district;

(b) receives federal money for the express purpose of building, enlarging, or remodeling a school building or other building of the district;

(c) sells property of the district in accordance with the law authorizing the sale;

(d) earns interest from the investment of building fund money under the provisions of 20-9-213 (4), except that interest earned from the investment of bond money under the provisions of 20-9-435 must be credited to a fund in accordance with that section; or

(e) receives any other money, including payments made by a developer under the provisions of 20-9-615 , for the express purpose of building, enlarging, or remodeling a school building or other building of the district.

(2) The financial administration of the building fund must be in accordance with the financial administration provisions of this title for a nonbudgeted fund and must provide for a separate accounting of the money realized by each bond issue or by each construction project financed by a federal grant of money. Any other money deposited to the credit of this fund must be expended for building, enlargement, remodeling, or repairing of buildings of the district at the discretion of the trustees.

(3) Money credited to the building fund under the provisions of subsection (1)(a) must be expended for the express purpose or purposes authorized by the bond proposition approved at the election authorizing the issuance of the bonds. Any money realized by the sale of bonds and remaining to the credit of the building fund after the full accomplishment of the purpose for which the bonds were sold must be transferred to the debt service fund to be used for the redemption of the bonds.

(4) Money credited to the building fund under the provisions of subsection (1)(b) must be expended for the express purpose or purposes authorized by the federal government in granting the money.
Mont. Code Ann. § 20-6-814 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-814
20-6-814 Public charter school account
Status: in_force

20-6-814 . Public charter school account. (1) There is a public charter school account in the state special revenue fund provided for in 17-2-102 and administered by the board of public education. The purpose of the account is for the receipt and expenditure of gifts, grants, legacies, devises, and donations given specifically to support the creation and operation of public charter schools created under this part.

(2) All donations must be from a private source and may not be expended for any purpose other than for the benefit of qualifying public charter schools as determined by the board of public education. Money in the account is derived from a private nonstate source and is payable by the board of public education without an appropriation pursuant to 17-8-101 .

(3) A gift or donation made directly to a specific public charter school or schools is not prohibited by this section.
Mont. Code Ann. § 20-3-362 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-362
20-3-362 Powers of joint board of trustees
Status: in_force

20-3-362 . Powers of joint board of trustees. (1) When a joint board of trustees is formed as provided by 20-3-361 , it shall have the power to:

(a) jointly employ a district superintendent under the provisions of 20-4-401 ;

(b) jointly employ teachers and specialists under the provisions of 20-4-201 ;

(c) open a junior high school under the provisions of 20-6-505 if the trustees of a county high school and the trustees of an elementary district have formed a joint board of trustees;

(d) prescribe and administer joint administrative policy;

(e) jointly provide any program or service authorized under 20-3-324 , including any joint provision of special education services; and

(f) prorate all items of joint expense among the school districts, provided that a controversy over any decision by the joint board to prorate joint costs may, within 30 days, be appealed by the trustees of any district to the superintendent of public instruction for a final decision as to what constitutes a fair and just proration of the cost.

(2) The joint board of trustees shall not have the power to transact business that is not specifically related to the joint administration of the districts.
Mont. Code Ann. § 20-26-633 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-633
20-26-633 Montana foster youth higher education assistance program -- administration -- eligible institutions
Status: in_force

20-26-633 . (Temporary) Montana foster youth higher education assistance program -- administration -- eligible institutions. (1) (a) Contingent on appropriation from the legislature, there is a Montana foster youth higher education assistance program administered by the board of regents through the commissioner of higher education for the purpose of helping youth who have aged out of the foster care system meet their educational, vocational, and professional goals without accruing debt.

(b) The Montana foster youth higher education assistance program shall allow and encourage each participating institution to develop a unique program to serve its eligible students pursuant to 20-26-634 .

(c) The board of regents shall adopt policies for the administration of the program consistent with 20-26-634 and this section. The policies must include a provision that if funds appropriated for the Montana foster youth higher education assistance program are insufficient in any year, then financial assistance to students under 20-26-634 (1)(d) is awarded on a first-come, first-served basis.

(2) An educational or training institution is eligible for a program grant if it is a community or tribal college located in the state of Montana, a 2-year or 4-year institution of the Montana university system, or a publicly funded vocational training program.

(3) The legislature intends that institutions receiving grants pursuant to subsection (2) may reapply to the program for additional grants.

(4) In accordance with 5-11-210 , the commissioner shall report annually to the education interim committee and the children, families, health, and human services interim committee on the status and impacts of the grants described in this section. (Terminates June 30, 2031--sec. 4, Ch. 629, L. 2023.)
Mont. Code Ann. § 20-3-305 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-305
20-3-305 Candidate qualification, filing deadline, and withdrawal
Status: in_force

20-3-305 . Candidate qualification, filing deadline, and withdrawal. (1) Except as provided in 20-3-338 , any person who is qualified to vote in a district under the provisions of 20-20-301 is eligible for the office of trustee.

(2) (a) Except as provided in subsection (2)(b), a declaration of intent to be a candidate must be submitted to the clerk of the district no sooner than 145 days and no later than 85 days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for the position for which the candidate is filing must also be indicated.

(b) A person seeking to become a write-in candidate for a trustee position shall file a declaration of intent no later than 5 p.m. on the 65th day before the election.

(3) (a) A candidate intending to withdraw from the election shall send a statement of withdrawal to the clerk of the district. The statement must contain all information necessary to identify the candidate and the office for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk of the district.

(b) A candidate may not withdraw after 5 p.m. on the candidate filing deadline provided in subsection (2)(a).
Mont. Code Ann. § 20-25-519 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-519
20-25-519 Antiharassment and freedom of speech protections for students
Status: in_force

20-25-519 . Antiharassment and freedom of speech protections for students. (1) A public postsecondary institution shall adopt a policy prohibiting student-on-student discriminatory harassment. A public postsecondary institution may not enforce the policy by disciplining a student for a behavioral violation of harassment or a similar charge stemming from an alleged violation of the policy for speech or expression unless:

(a) the speech or expression is unwelcome and is so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the public postsecondary institution; or

(b) the speech or expression explicitly or implicitly conditions a student's participation in an education program or activity or bases an educational decision on the student's submission to unwelcome sexual advances or requests for sexual favors.

(2) This section may not be construed to prevent a public postsecondary institution from prohibiting, limiting, or restricting speech or expression that is not protected by the first amendment of the United States constitution or Article II, section 7, of the Montana constitution.
Mont. Code Ann. § 20-26-101 — MT Code / Title 20 / Chapter 26 / Part 1 / Section 20-26-101
20-26-101 Short title
Status: in_force

20-26-101 . Short title. Parts 1 and 2 may be cited as "The Montana Resident Student Financial Aid Program Act".
Mont. Code Ann. § 20-9-434 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-434
20-9-434 Registration of school district bonds by county treasurer and copy for preservation
Status: in_force

20-9-434 . Registration of school district bonds by county treasurer and copy for preservation. (1) When the school district bonds have been executed by the presiding officer of the trustees and the school district clerk, the bonds must be registered by the county treasurer in the treasurer's bond registration book before the bonds are delivered to the purchaser. The bond registration must show:

(a) the date of issue;

(b) the redeemable date of each bond; and

(c) the amount and due date of all payments required on the bonds.

(2) The trustees shall provide the county treasurer with an unsigned and canceled printed specimen copy of each issue of school district bonds for preservation in the office of the county treasurer.
Mont. Code Ann. § 20-4-503 — MT Code / Title 20 / Chapter 4 / Part 5 / Section 20-4-503
20-4-503 Critical quality educator shortages -- impacted schools
Status: in_force

20-4-503 . Critical quality educator shortages -- impacted schools. (1) The board of public education, in consultation with the office of public instruction, shall maintain and make publicly available a current list of impacted schools.

(2) A quality educator is eligible for repayment of all or part of the quality educator's outstanding educational loans existing at the time of application in accordance with the eligibility and award criteria established under this part. If a quality educator is eligible for loan assistance and remains employed in the same impacted school or another impacted school within the same school district, the quality educator remains eligible for a lifetime total of up to 3 years of state-funded loan repayment assistance and an additional 1 year of loan repayment assistance funded by the impacted school or the district under which the impacted school is operated pursuant to 20-4-504 (2).
Mont. Code Ann. § 20-5-410 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-410
20-5-410 Civil penalty
Status: in_force

20-5-410 . Civil penalty. (1) Any person who violates any provision of this part, any rule promulgated under this part, or any order made pursuant to this part, with the exception of 20-5-409 and any rule adopted or order issued pursuant to 20-5-409 , is subject to a civil penalty not to exceed $500. The department or the local health department may institute and maintain any enforcement proceedings hereunder.

(2) Action under subsection (1) is not a bar to enforcement of this part or of rules or orders made under it by injunction or other appropriate civil remedies.

(3) An action for a civil remedy to enforce this part or rules or orders made under it may be brought in the district court of any county where a violation occurs or is threatened.
Mont. Code Ann. § 20-25-252 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-252
20-25-252 Donations to Montana state university-Billings
Status: in_force

20-25-252 . Donations to Montana state university-Billings. The regents may accept for and on behalf of Montana state university-Billings college any donations of lands and any other gifts for the use and benefit of the college.
Mont. Code Ann. § 20-4-205 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-205
20-4-205 Notification of teacher reelection -- acceptance
Status: in_force

20-4-205 . Notification of teacher reelection -- acceptance. (1) The trustees shall provide written notice by June 1 to all teachers who have been reelected. Any teacher who does not receive notice of reelection or termination is automatically reelected for the ensuing school fiscal year.

(2) Any teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written acceptance of the conditions of the reelection within 20 days after the receipt of the notice of reelection, and failure to notify the trustees within 20 days constitutes conclusive evidence of the teacher's nonacceptance of the tendered position.
Mont. Code Ann. § 20-6-605 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-605
20-6-605 Land acquired by conditional deed or at will or sufferance
Status: in_force

20-6-605 . Land acquired by conditional deed or at will or sufferance. Whenever the trustees acquire land by deed conditioned upon the use of the land for the conduct of school or related activities or whenever land has been used by the trustees at the will or sufferance of the land's owner or claimant and the district has constructed buildings or made other improvements on the land, the owner or claimant may repossess the land if it ceases to be used as specified by deed or, if not specified, for the conduct of school or related activities. However, the owner or claimant shall first notify the trustees in writing of the intent to repossess the land, and the trustees shall have 1 year after receipt to remove any buildings or improvements placed upon the land by the district. The trustees' failure to remove the buildings or improvements within that time constitutes a forfeiture of the buildings or improvements. Before the owner or claimant has the right to give notice of repossession, the district's intention to permanently cease using the land must have been established by resolution of the trustees and a vote of the district's electors.
Mont. Code Ann. § 20-26-104 — MT Code / Title 20 / Chapter 26 / Part 1 / Section 20-26-104
20-26-104 Montana resident student financial aid program created
Status: in_force

20-26-104 . Montana resident student financial aid program created. There is a Montana resident student financial aid program administered by the commissioner of higher education.
Mont. Code Ann. § 20-25-206 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-206
20-25-206 Departments and courses of university of Montana-Missoula
Status: in_force

20-25-206 . Departments and courses of university of Montana-Missoula. (1) The departments of the university are:

(a) a preparatory department, which may be dissolved as the regents deem wise, containing courses designed to prepare a student for the regular department;

(b) a department of literature, science, and the arts, offering courses which shall include:

(i) mathematics, physical and natural sciences, with their application to the industrial arts;

(ii) languages, literature, history, and philosophy; and

(iii) other courses at the regents' discretion; and

(c) professional and technical departments.

(2) When the income of the university allows and demands require, the courses may form departments with a faculty and an appropriate title.
Mont. Code Ann. § 20-7-134 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-134
20-7-134 Access to public high school campuses -- definition
Status: in_force

20-7-134 . Access to public high school campuses -- definition. (1) The access provided to recruiters for the United States armed forces by a public high school must be equal to the access granted to other recruiting groups and organizations. The access must include any directory information that may be released about students pursuant to the Family Educational Rights and Privacy Act of 1974. Parents or legal guardians have the right to inform the high school that they do not wish to have an armed forces recruiter speak to their children.

(2) For purposes of this section, "armed forces" means the United States army, marine corps, navy, air force, space force, coast guard, and merchant marine, including the United States military reserves of these services, the Montana national guard, and the service academies and training programs for these services.
Mont. Code Ann. § 20-9-368 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-368
20-9-368 Amount of guaranteed tax base aid
Status: in_force

20-9-368 . (Temporary) Amount of guaranteed tax base aid. (1) The amount of guaranteed tax base aid per ANB that a county may receive in support of the retirement fund budgets of the elementary school districts in the county is the difference between the county mill value per elementary ANB and the statewide mill value per elementary ANB, multiplied by the number of mills levied in support of the retirement fund budgets for the elementary districts in the county.

(2) The amount of guaranteed tax base aid per ANB that a county may receive in support of the retirement fund budgets of the high school districts in the county is the difference between the county mill value per high school ANB and the statewide mill value per high school ANB, multiplied by the number of mills levied in support of the retirement fund budgets for the high school districts in the county.

(3) The amount of guaranteed tax base aid that a district may receive in support of the district's GTBA budget area is calculated in the following manner:

(a) multiply the sum of the district's prior year GTBA budget area by the corresponding statewide guaranteed tax base ratio;

(b) subtract the prior year taxable valuation of the district from the product obtained in subsection (3)(a); and

(c) divide the remainder by 1,000 to determine the equivalent to the dollar amount of guaranteed tax base aid for each mill levied.

(4) Guaranteed tax base aid provided to any county or district under this section is earmarked to finance the fund or portion of the fund for which it is provided. If a county or district receives more guaranteed tax base aid than it is entitled to, the excess must be returned to the state as required by 20-9-344 . (Terminates June 30, 2026--sec. 23, Ch. 658, L. 2025.)
Mont. Code Ann. § 20-25-1003 — MT Code / Title 20 / Chapter 25 / Part 10 / Section 20-25-1003
20-25-1003 Motorcycle safety promotion
Status: in_force

20-25-1003 . Motorcycle safety promotion. In cooperation with other state, local government, and private agencies, the department of justice and the board of regents are encouraged to promote safety and awareness in the use and operation of motorcycles through action appropriate to the agencies' purposes and goals, including advertising and encouraging both publicly and privately offered motorcycle safety training.
Mont. Code Ann. § 20-6-604 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-604
20-6-604 Sale of property when resolution passed after hearing -- appeal procedure
Status: in_force

20-6-604 . Sale of property when resolution passed after hearing -- appeal procedure. (1) Whenever the trustees of a district determine that a site, building, or any other real or personal property of the district is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district, the trustees may sell or otherwise dispose of the real or personal property in accordance with this section and without conforming to the provisions of 20-6-603 . If a decision to sell or dispose of property is made, the trustees shall adopt a resolution to sell or otherwise dispose of the district real or personal property because it is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district.

(2) The resolution may not become effective for 14 days after the notice required in subsection (3) is made.

(3) The trustees shall provide notice of the resolution in the manner required for school elections in 20-20-204 .

(4) A taxpayer may appeal the resolution of the trustees, at any time prior to the effective date of the resolution, to the district court by filing a verified petition with the clerk of the court and serving a copy of the petition upon the district. The petition must set out in detail the objections of the petitioner to the adoption of the resolution or to the disposal of the property. The service and filing of the petition stay the resolution until final determination of the matter by the court. The court shall immediately fix the time for a hearing at the earliest convenient time. At the hearing, the court shall hear the matter de novo and may take testimony as it considers necessary. Its proceedings are summary and informal, and its decision is final.

(5) The trustees of a district that has adopted a resolution to sell or otherwise dispose of district real or personal property and, if appealed, has been upheld by the court shall sell or dispose of the real or personal property in any reasonable manner that they determine to be in the best interests of the district.

(6) The money realized from the sale or disposal of real or personal property of the district must be credited to the debt service fund, building fund, general fund, or other appropriate fund, at the discretion of the trustees.
Mont. Code Ann. § 20-7-705 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-705
20-7-705 Adult education fund
Status: in_force

20-7-705 . Adult education fund. (1) A separate adult education fund must be established when an adult education program is operated by a district or a community college district created prior to January 1, 2021. The financial administration of the fund must comply with the budgeting, financing, and expenditure provisions of the laws governing the schools.

(2) Whenever the trustees of a district establish an adult education program under the provisions of 20-7-702 , they shall establish an adult education fund under the provisions of this section. The adult education fund is the depository for all district money received by the district in support of the adult education program. Federal and state adult education program money must be deposited in the miscellaneous programs fund.

(3) The trustees of a district may authorize the levy of a tax on the taxable value of all taxable property within the district for the operation of an adult education program.

(4) Whenever the trustees of a district decide to offer an adult education program during the ensuing school fiscal year, they shall budget for the cost of the program in the adult education fund of the final budget. Any expenditures in support of the adult education program under the final adult education budget must be made in accordance with the financial administration provisions of this title for a budgeted fund.

(5) When a tax levy for an adult education program is included as a revenue item on the final adult education budget, the county superintendent shall report the 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 and a levy on the district must be made by the county commissioners in accordance with 20-9-142 .