Mont. Code Ann. § 20-7-120 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-120
20-7-120 Human sexuality instruction -- notice to parents -- excused absences -- prohibited activities
Status: in_force

20-7-120 . Human sexuality instruction -- notice to parents -- excused absences -- prohibited activities. (1) (a) A parent, guardian, or other person who is responsible for the care of a child may refuse to allow the child to attend or withdraw the child from human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to 20-5-103 .

(b) A school may not allow a child to attend identity instruction unless the child's parent or guardian agrees in writing to allow the child to attend. Pursuant to 20-5-103 , a child is excused from participating in identity instruction unless the child fails to attend after the parent or guardian has agreed in writing to allow the child's attendance. A school may allow a parent or guardian the opportunity to provide the agreement under this subsection (1)(b) at the beginning of a school year or semester as part of the annual notification under subsection (3) but shall allow a parent or guardian to cancel the agreement by providing written notification to the district superintendent at any time.

(2) Any school that provides human sexuality instruction or identity instruction shall adopt a policy ensuring parental or guardian notification no fewer than 5 school days or more than 14 school days prior to holding an event or assembly or first introducing materials for instructional use. Additional notifications after providing notice under this subsection are not required.

(3) Using contact information most recently provided by the parent or guardian, a school district shall annually notify in advance the parent or guardian of each student scheduled to be enrolled in a course that includes units or lessons on human sexuality instruction or identity instruction in the district or school of:

(a) the basic content of the district's or school's human sexuality instruction or identity instruction intended to be taught to the student and the option to review all curriculum materials related to human sexuality instruction or identity instruction in the course pursuant to subsection (5);

(b) the parent's or guardian's right to withdraw the student from the district's or school's human sexuality instruction; and

(c) the requirement that the parent or guardian provide written permission to allow the child to attend identity instruction.

(4) In addition to the notice required in subsection (3), a school district shall adopt a policy to ensure an annual notice is available, including an electronic link to materials or summaries of materials, consistent with copyright laws, for:

(a) the district's health enhancement curriculum, including lesson plans or other materials used for human sexuality instruction or identity instruction; and

(b) a calendar of events or assemblies at which human sexuality instruction or identity instruction will be provided.

(5) (a) A school district shall make all curriculum materials used in the district's or school's human sexuality instruction and identity instruction available for public inspection prior to the use of the materials in actual instruction.

(b) A school district shall prepare a summary of the district's health enhancement curriculum and shall review and prepare any updates to the summary each year. The summary is public information and is subject to the public's right to access information pursuant to 2-6-1003 .

(6) A school district or its personnel or agents may not permit a person, entity, or any affiliate or agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or any affiliate or agent of the person or entity is a provider of abortion services.

(7) If, after investigating a violation under this section, the trustees of a district find that an individual has knowingly or repeatedly violated this section, the trustees shall report the findings to the board of public education pursuant to 20-4-110 .

(8) (a) For the purposes of this section, the following terms apply:

(i) "Human sexuality instruction" means instruction that has the goal or purpose of studying, exploring, or informing students about any of the following human sexuality topics: intimate relationships, sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, abstinence, contraception, or reproductive rights and responsibilities.

(ii) "Identity instruction" means instruction that has the goal or purpose of studying, exploring, or informing students about gender identity or gender expression, or sexual orientation.

(iii) "Instruction" means the conduct of organized learning activities, including the provision of materials, for students in a public school, whether conducted by a teacher or other school staff or guests invited at the request of the school or district and regardless of the duration, venue, or method of delivery.

(b) Neither "human sexuality instruction" nor "identity instruction" includes or applies to a teacher's response to an unexpected student-initiated inquiry related to the topics under each term to the extent necessary to resolve the inquiry or to maintain civility and decorum in the classroom.
Mont. Code Ann. § 20-15-102 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-102
20-15-102 Community college districts -- name and corporate powers
Status: in_force

20-15-102 . Community college districts -- name and corporate powers. A community college district shall be known as "Community College District of ...., Montana". In this name, the community college district may sue and be sued, levy and collect taxes within the limitations of the laws of Montana, and possess the same corporate powers as districts in this state, except as otherwise provided by law.
Mont. Code Ann. § 20-1-231 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-231
20-1-231 Report to legislature
Status: in_force

20-1-231 . Report to legislature. Representatives of the Great Falls school district, the Helena school district, and a member of the military, as specified by the adjutant general, shall provide, singly or jointly, a report in accordance with 5-11-210 to the education interim committee regarding the state's participation in the compact on educational opportunity for military children established in 20-1-230 .
Mont. Code Ann. § 20-9-308 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-308
20-9-308 BASE budgets and general fund budget limits
Status: in_force

20-9-308 . (Temporary) BASE budgets and general fund budget limits. (1) The trustees of a district shall adopt a general fund budget that is at least equal to the BASE budget established for the district. The trustees of a district may adopt a general fund budget up to the greater of:

(a) the current year maximum general fund budget; or

(b) the previous year's general fund budget plus any increase in direct state aid for the basic and per-ANB entitlements and any increases in state funding of the data-for-achievement payment under 20-9-325 and in the general fund payments in 20-9-327 through 20-9-330 .

(2) (a) Except as provided in subsection (2)(b), whenever the trustees of a district propose to adopt a general fund budget that exceeds the BASE budget for the district and propose to increase the over-BASE budget levy over the highest revenue previously authorized by the electors of the district or imposed by the district in any of the previous 5 years to support the general fund budget, the trustees shall submit a proposition to the electors of the district, as provided in 20-9-353 .

(b) The intent of this section is to increase the flexibility and efficiency of elected school boards without increasing school district property taxes. In furtherance of this intent and provided that budget limitations otherwise specified in law are not exceeded, the trustees of a district may increase the district's over-BASE budget levy without a vote if the board of trustees reduces nonvoted property tax levies authorized by law to be imposed by action of the trustees of the district by at least as much as the amount by which the over-BASE budget levy is increased. The ongoing authority for any nonvoted increase in the over-BASE budget levy imposed under this subsection (2)(b) must be decreased in future years to the extent that the trustees of the district impose any increase in other nonvoted property tax levies.

(3) The BASE budget for the district must be financed by the following sources of revenue:

(a) state equalization aid, as provided in 20-9-343 , including any guaranteed tax base aid for which the district may be eligible, as provided in 20-9-366 through 20-9-369 ;

(b) county equalization aid, as provided in 20-9-331 and 20-9-333 ;

(c) a district levy for support of a school not approved as an isolated school under the provisions of 20-9-302 ;

(d) payments in support of special education programs under the provisions of 20-9-321 ;

(e) nonlevy revenue, as provided in 20-9-141 ; and

(f) a BASE budget levy on the taxable value of all property within the district.

(4) The over-BASE budget amount of a district must be financed by a levy on the taxable value of all property within the district or other revenue available to the district, as provided in 20-9-141 .
Mont. Code Ann. § 20-3-210 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-210
20-3-210 Controversy appeals and hearings
Status: in_force

20-3-210 . Controversy appeals and hearings. (1) Except for disputes arising under the terms of a collective bargaining agreement or as provided under 20-3-211 or 20-4-208 , the county superintendent shall hear and decide all matters of controversy arising in the county as a result of decisions of the trustees of a district in the county. Only a county superintendent who possesses the qualifications of 20-3-201 (2) may hear controversies related to teacher termination. Except as provided in subsection (2), exhaustion of administrative remedies under this chapter is required prior to filing an action in district court concerning a decision of the trustees. When appeals are made under 20-4-204 relating to the termination of services of a tenure teacher or under 20-4-207 relating to the dismissal of a teacher under contract, the county superintendent may appoint a qualified attorney to act as a legal adviser who shall assist the superintendent in preparing findings of fact and conclusions of law. Subsequently, either the teacher or trustees may appeal to the district court of the county in which the teacher was employed. The proceedings must be commenced not later than 60 days after the date of the decision of the county superintendent. The county superintendent shall hear and decide all controversies arising under:

(a) 20-5-320 and 20-5-321 relating to the approval of out-of-district attendance agreements; or

(b) any other provision of this title for which a procedure for resolving controversies is not expressly prescribed.

(2) Exhaustion of administrative remedies is not a prerequisite to filing an action in district court concerning a decision of the trustees of a district in the following instances:

(a) a state agency has been granted primary jurisdiction over the matter;

(b) the matter is governed by a specific statute; or

(c) the board of trustees has acted without jurisdiction or in excess of its jurisdiction.

(3) The county superintendent shall hear the appeal and take testimony in order to determine the facts related to the controversy and may administer oaths to the witnesses that testify at the hearing. The county superintendent shall prepare a written transcript of the hearing proceedings. The decision on the matter of controversy that is made by the county superintendent must be based upon the facts established at the hearing.

(4) Except for teacher termination cases, the decision of the county superintendent may be appealed to the superintendent of public instruction, and if it is appealed, the county superintendent shall supply a transcript of the hearing and any other documents entered as testimony at the hearing to the superintendent of public instruction. In teacher termination cases, an appeal may be filed with the district court of the county in which the teacher was employed no later than 60 days after the date of the decision of the county superintendent. If an appeal is filed, the county superintendent shall provide a transcript of the hearing and any other documents entered as testimony at the hearing to the district court.

(5) Cost incurred by the office of the county superintendent must be paid from the general fund budget of the county in which the controversy is initiated.
Mont. Code Ann. § 20-2-113 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-113
20-2-113 Per diem of board members -- expenses
Status: in_force

20-2-113 . Per diem of board members -- expenses. Appointed members of the board of public education and the board of regents shall be compensated and receive travel expenses as provided for in 2-15-124 for each day in attendance at board meetings or in the performance of any duty or service as a board member.
Mont. Code Ann. § 20-9-382 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-382
20-9-382 CTE-equivalent credit -- department of labor and industry -- rulemaking
Status: in_force

20-9-382 . CTE-equivalent credit -- department of labor and industry -- rulemaking. (1) Annually, but not later than December 1, the department of labor and industry shall adopt in rule a list of industry-recognized credentials, combinations of credentials, and work-based learning experiences, and the credit value of each. The list must:

(a) be developed, in part, with input from industry stakeholders, school districts, the office of public instruction, and the office of the commissioner of higher education;

(b) include credentials, combinations of credentials, and work-based learning experiences that lead to enhanced employment opportunities at higher rates of compensation and, when feasible, are stackable toward further credentialing;

(c) note the credit value available in 3-credit increments; and

(d) be applicable from the date of adoption until the date a new list is adopted. However, if a credential or work-based learning experience is removed from the list, a high school student who is already enrolled in a listed course may receive credit for the course through the end of the current school term.

(2) The department of labor and industry shall adopt a process to add recognition for credentials and work-based learning experiences between list updates that are available to any student. The process must:

(a) be set forth in administrative rule, written to include factors for consideration of inclusion and exclusion;

(b) solely allow for a high school district or K-12 school district to submit proposed recognition; and

(c) provide for posting added credentials and work-based learning experiences to the department of labor and industry website.

(3) The department of labor and industry may adopt rules necessary for the implementation of this section.
Mont. Code Ann. § 20-7-1339 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1339
20-7-1339 Cardiac arrest response for youth athletes -- purpose -- requirements of schools and superintendent of public instruction
Status: in_force

20-7-1339 . Cardiac arrest response for youth athletes -- purpose -- requirements of schools and superintendent of public instruction. (1) The purposes of this section are to:

(a) support, adopt, and implement a cardiac emergency response plan in schools that integrates evidence-based core elements in accordance with the American heart association guidelines or other nationally recognized, evidence-based standards;

(b) raise awareness among parents of youth athletes about the risks related to cardiac arrest; and

(c) ensure that coaches, athletic trainers, and athletic officials understand the risks of cardiac arrest in youth athletes and that they are trained in cardiopulmonary resuscitation, first aid, and the use of an automatic external defibrillator.

(2) The superintendent of public instruction, after consultation with experts in cardiac arrest prevention, including health professionals, shall develop and make available on the office of public instruction's website an information sheet describing cardiac arrest symptoms and warning signs, including the risks associated with continuing to play or practice after experiencing cardiac arrest symptoms and warning signs. The superintendent of public instruction is encouraged to collaborate with the athletic association, conference, or organization with authority over interscholastic sports in the state in developing materials under this subsection (2) to ensure consistency in information provided to schools, coaches, athletic trainers, and officials.

(3) (a) Beginning in the 2026-2027 school year, in accordance with guidelines set forth by either the American heart association or other nationally recognized, evidence-based standards, each school district and nonpublic school with an athletic department or organized athletic program shall develop a standalone cardiac emergency response plan, or embed a cardiac emergency response protocol within the school safety plan or emergency operations plan, that is venue specific and addresses the appropriate use of school personnel to respond to incidents involving an individual experiencing cardiac arrest or a similar life-threatening emergency while attending or participating in a school-sponsored athletic practice or event.

(b) The plan must integrate, at a minimum, the following elements:

(i) establishing a cardiac emergency response team;

(ii) activating the team in response to a sudden cardiac arrest;

(iii) making a clearly marked automated external defibrillator easily accessible in an unlocked location at each school athletic venue and event. The automated external defibrillators must be accessible during the school day and at any school-sponsored athletic event or team practice in which pupils of the school are participating. The automated external defibrillators must be tested and maintained according to the manufacturer's operational guidelines, and notification must be provided to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location.

(iv) disseminating the plan throughout the school campus;

(v) maintaining ongoing hands-on staff training in cardiopulmonary resuscitation, first aid, and the use of an automatic external defibrillator;

(vi) practicing annually through the use of drills;

(vii) integrating local emergency medical services with the plan; and

(viii) reviewing and evaluating the plan regularly and annually.

(4) Each school year, before a youth athletic activity season begins:

(a) a school district or nonpublic school shall inform each coach of the coach's duties under this section; and

(b) the coach of a youth athletic activity shall:

(i) obtain and maintain certification in cardiopulmonary resuscitation, first aid, and the use of an automatic external defibrillator. Certification in cardiopulmonary resuscitation and the use of an automatic external defibrillator must be consistent with nationally recognized, evidence-based emergency cardiovascular care guidelines.

(ii) hold an informational meeting for students, parents, and assistant coaches before each athletic season regarding the symptoms and warning signs of sudden cardiac arrest, which may include presentations from physicians, pediatric cardiologists, and athletic trainers as well as the information sheet provided under subsection (2).

(5) (a) If an athletic trainer, official, or coach reasonably believes a student is exhibiting symptoms or warning signs of sudden cardiac arrest, the coach may remove the student from participation in a youth athletic activity.

(b) If the student is removed from participation in the youth athletic activity, the coach shall attempt to notify the student's parent or legal guardian.

(6) A student who is removed from participation in a youth athletic activity under subsection (5) may not participate in a youth athletic activity until the student has been evaluated by and received written clearance from a licensed physician, physician assistant, or nurse practitioner.

(7) The sponsor of a recreational youth athletic activity may follow the guidelines provided under this section.

(8) As used in this section, "youth athletic activity" means:

(a) interscholastic athletics;

(b) an athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school district or a nonpublic school, including competitive and noncompetitive cheerleading;

(c) any sports activity sponsored by a school-affiliated club; or

(d) a practice for an activity under subsection (8)(a), (8)(b), or (8)(c), including an interscholastic practice or scrimmage.
Mont. Code Ann. § 20-31-104 — MT Code / Title 20 / Chapter 31 / Part 1 / Section 20-31-104
20-31-104 Coordination with other agencies
Status: in_force

20-31-104 . Coordination with other agencies. (1) The fire services training school shall coordinate its programs and cooperate with state and local fire services to the maximum possible extent in accordance with the policy of the board of regents.

(2) The fire services training school may make its resources available, upon request of a local fire protection entity, for assistance in local emergencies.
Mont. Code Ann. § 20-7-476 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-476
20-7-476 Emotional disability -- terms
Status: in_force

20-7-476 . Emotional disability -- terms. The term "emotional disability" may be used in place of the term "emotional disturbance" as defined in 34 CFR 300.8(c)(4), as that term relates to the provision of special education services, when used in the Montana Code Annotated or the Administrative Rules of Montana.
Mont. Code Ann. § 20-9-412 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-412
20-9-412 Issuance of refunding bonds without election
Status: in_force

20-9-412 . Issuance of refunding bonds without election. (1) Bonds of a school district issued for the purpose of providing the money needed to redeem outstanding bonds may be issued without submitting the proposition to the electorate at an election. In order to issue refunding bonds, the trustees, at a regular meeting or a special meeting, shall adopt a resolution setting forth:

(a) the facts regarding the outstanding bonds that are to be redeemed;

(b) the reasons for issuing new bonds; and

(c) the term and details of the new bond issue.

(2) After the adoption of the resolution, the trustees shall:

(a) sell the bonds at a private negotiated sale; or

(b) at their option, give notice of the sale of the new bonds in the same manner that notice is required to be given for the sale of bonds authorized at a school election and sell the new bonds in open competitive bidding, by written bids or by sealed bids.

(3) Except for bonds refunded by a school district under the provisions of Title 17, chapter 5, part 16, including any variable rate finance program that is authorized, bonds may not be refunded by the issuance of new bonds unless the rate of interest offered on the new bonds is at least 1/2 of 1% a year less than the rate of interest in the bonds to be refunded or redeemed.

(4) If a refunding bond issue refunds only a portion of an outstanding bond issue, the unrefunded portion of the outstanding bond issue and the refunding bond issue must be treated as a single bond issue for the purposes of 20-9-408 .

(5) Refunding bonds may be issued in a principal amount greater than the principal amount of the outstanding bonds if there is a reduction of total debt service cost to the district.

(6) (a) Refunding bonds issued pursuant to this section may be issued to refund outstanding bonds in advance of the date on which the bonds mature or are subject to redemption, provided that the proceeds of the refunding bonds, less any accrued interest or premium received upon the sale of the bonds, are deposited with other funds appropriated to the payment of the outstanding bonds in escrow with a suitable banking institution in or outside of the state.

(b) Except as provided in subsection (6)(c), funds deposited must be invested in securities that are general obligations of the United States or the principal and interest of which are guaranteed by the United States and that mature or are callable at the option of the holder on the dates and bear interest at the rates and are payable on the dates that are required to provide funds sufficient, with any cash retained in the escrow account, to pay when due the interest to accrue on each bond being refunded to its maturity or redemption date, if called for redemption, to pay the principal of the bond at maturity or upon the redemption date, and to pay any redemption premium.

(c) If the funds initially deposited in escrow are sufficient, without regard to any investment income on those funds, to redeem in full the bonds being refunded as of their redemption date and to pay the principal of and interest and premium on the bonds being refunded at their stated maturities, the funds may be invested in the securities described in subsection (6)(b) or in a money market fund that is composed exclusively of eligible securities described in 7-6-202 and that otherwise satisfies the requirements of 7-6-202 (4).

(d) The escrow account must be irrevocably appropriated to the payment of the principal of and interest and redemption premium on the bonds being refunded. Funds in the debt service fund for the payment of the bonds being refunded and not required for the payment of principal of or interest on the bonds being refunded due prior to issuance of the refunding bonds may be appropriated by the district to the escrow account. The school district may pay the reasonable costs and expenses of printing the refunding bonds and of establishing and maintaining the escrow account. Bonds that are refunded pursuant to this part are not to be considered outstanding for purposes of 20-9-406 or any other debt limitation.
Mont. Code Ann. § 20-10-203 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-203
20-10-203 School food commodities
Status: in_force

20-10-203 . School food commodities. The superintendent of public instruction is authorized to accept food commodities from the federal government and to distribute the food commodities to any district or nonpublic school that contracts for such distribution. The superintendent of public instruction may use for the shipping, handling, and other related costs of distributing the food commodities any funds advanced by legislative appropriation for the commodity state special revenue account. Such distribution costs shall be reimbursed by the participating districts and nonpublic schools. Those reimbursements shall be returned to the fund from which payments for the distribution costs were made.
Mont. Code Ann. § 20-9-704 — MT Code / Title 20 / Chapter 9 / Part 7 / Section 20-9-704
20-9-704 District as cooperating agency
Status: in_force

20-9-704 . District as cooperating agency. (1) When a district is the cooperating agency, it shall transfer its financial support under the interlocal cooperative contract to the prime agency by district warrant.

(2) The financial support may be provided from any fund maintained by the district. Any such fund utilized for the financial support of an interlocal cooperative agreement shall finance only those expenditures of such agreement that are comparable to those permitted under the statutory provisions creating such fund, and such financial support must be within the currently adopted budget for such fund. No financial support shall be financed from the miscellaneous federal programs fund without the express approval of the superintendent of public instruction.
Mont. Code Ann. § 20-25-211 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-211
20-25-211 Montana technological university -- purpose -- fees for assays
Status: in_force

20-25-211 . Montana technological university -- purpose -- fees for assays. (1) Montana technological university has for its purpose instruction and education in chemistry, metallurgy, mineralogy, geology, mining, milling, engineering, mathematics, mechanics and drawing, and the laws of the United States and Montana relating to mining.

(2) A department designated as "the Montana state bureau of mines and geology", which is under the direction of the regents, is established at Montana technological university.

(3) The chancellor of Montana technological university may charge and collect reasonable fees for any assays and analyses made by the college.

(4) The chancellor shall keep an account of the fees and pay them monthly to the treasurer for deposit to the college fund.
Mont. Code Ann. § 20-9-635 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-635
20-9-635 Natural resource development K-12 school facilities payment
Status: in_force

20-9-635 . Natural resource development K-12 school facilities payment. (1) The natural resource development K-12 school facilities payment replaces the former natural resource development K-12 funding payment as a means to provide local property tax relief by supporting school district facility needs.

(2) The legislature intends the natural resource development K-12 school facilities payment to be a general fund appropriation to support school major maintenance aid pursuant to 20-9-525 and debt service assistance pursuant to 20-9-371 that is calculated as the greater of:

(a) $10 million increased by an inflationary adjustment calculated as provided in 20-9-326 applied in fiscal year 2024 and in each succeeding fiscal year; or

(b) 5% of the oil and natural gas production taxes deposited in the general fund pursuant to 15-36-331 (4) for the fiscal year occurring 2 fiscal years prior to the fiscal year of the payment.
Mont. Code Ann. § 20-7-803 — MT Code / Title 20 / Chapter 7 / Part 8 / Section 20-7-803
20-7-803 Authority to accept gifts
Status: in_force

20-7-803 . Authority to accept gifts. Any corporation, board, or body hereinbefore designated, given authority to operate and conduct a recreation program or given charge of such program, is authorized to accept gifts and bequests in the name or names of the sponsors of said program, as said sponsors may agree, for the benefit of said recreational work, to employ directors and instructors of said recreational work, and to conduct its activities on:

(1) property under its custody and management;

(2) other public property under the custody of any other public corporation, body, or board, with the consent of such corporation, body, or board; and

(3) private property, with the consent of its owners.
Mont. Code Ann. § 20-7-1203 — MT Code / Title 20 / Chapter 7 / Part 12 / Section 20-7-1203
20-7-1203 Montana digital academy clearinghouse
Status: in_force

20-7-1203 . Montana digital academy clearinghouse. (1) There is a Montana digital academy clearinghouse. The purpose of the clearinghouse is to provide additional choice and flexibility to build local capacity for serving pupils with remote instruction courses, models, and materials.

(2) The Montana digital academy staff shall develop a clearinghouse interface to provide pupils with access to additional course providers, content, services, and formats. The clearinghouse must provide access to the full range of offerings available through the Montana digital academy.

(3) Services provided through the clearinghouse must include at a minimum but are not limited to:

(a) digital content and platform services;

(b) courses fostering community, college, and career readiness for pupils, including courses to:

(i) satisfy promotion and graduation requirements of the board of public education and the local school district;

(ii) provide access to college credit through direct access to college courses, advanced placement courses, and dual credit courses; and

(iii) provide access to industry-recognized credentials;

(c) third-party services; and

(d) proficiency assessment services.

(4) In administering the clearinghouse, the Montana digital academy staff shall:

(a) select, evaluate, and monitor high-quality providers, courses, and services; and

(b) provide technical assistance on the offered services.
Mont. Code Ann. § 20-25-107 — MT Code / Title 20 / Chapter 25 / Part 1 / Section 20-25-107
20-25-107 Regulation of award of degrees -- penalty
Status: in_force

20-25-107 . Regulation of award of degrees -- penalty. (1) No person, corporation, association, or institution shall issue any degree or such similar literary honors as are usually granted by universities or colleges without the prior approval of the regents of the adequacy of the course of study.

(2) This section does not apply to any educational institution accredited by an educational accrediting association whose accrediting is found by the regents to be generally recognized by state and other universities in the United States.

(3) Violation of this section is a misdemeanor.
Mont. Code Ann. § 20-7-1316 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1316
20-7-1316 Child sex trafficking and human trafficking prevention
Status: in_force

20-7-1316 . Child sex trafficking and human trafficking prevention. (1) The office of public instruction shall undertake activities to educate Montanans about and prevent child sex trafficking and human trafficking. Activities may include but are not limited to:

(a) reviewing best practices for preventing child sex trafficking and human trafficking;

(b) providing access to educational resources for interested parents, teachers, child-care providers, and other community members on how to prevent child sex trafficking and human trafficking, on the warning signs of child sex trafficking and human trafficking, and on predatory behaviors;

(c) coordinating educational and prevention efforts with law enforcement, the department of public health and human services, and local organizations that work to prevent child sex trafficking and human trafficking; and

(d) supporting school districts in developing:

(i) policies on child sex trafficking and human trafficking awareness, prevention, response, and reporting; and

(ii) educational materials and curricula aimed at preventing child sex trafficking and human trafficking.

(2) The office of public instruction shall make available cost-free, transportation industry-specific training materials that school bus drivers may use to complete a training course on how to recognize and identify signs of human trafficking and how to report concerns to an appropriate authority as part of any annual training requirement. The office of public instruction shall use transportation industry-specific courses from organizations that have developed resources specifically for school bus drivers and have made these materials available to the public at no cost.
Mont. Code Ann. § 20-5-110 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-110
20-5-110 School district assessment for placement of a child who enrolls from a nonaccredited, nonpublic school
Status: in_force

20-5-110 . School district assessment for placement of a child who enrolls from a nonaccredited, nonpublic school. The trustees of a school district shall:

(1) adopt a district policy on assessment for placement of any child who enrolls in a school of the district and whose previous place of instruction was a nonpublic school that is not accredited;

(2) include in the adopted policy the following provisions:

(a) the specific assessment for placement to be administered to any child subject to the provisions of subsection (1);

(b) a procedure for grade and program placement of the child based on results of the assessment for placement, including considerations for the age and identified abilities of the child; and

(c) a hearing process before the board of trustees of the district if the parent or guardian of a child is not in agreement with the placement of the child and requests a hearing before the board; and

(3) administer the adopted policy required in subsection (1) in a uniform and fair manner.
Mont. Code Ann. § 20-25-331 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-331
20-25-331 Definitions
Status: in_force

20-25-331 . Definitions. As used in 20-25-332 , the following definitions apply:

(1) "For-profit fitness center" means a private sector facility that offers instruction, training, consultation, equipment, or space to the public for a fee to maintain, encourage, or develop physical fitness or conditioning.

(2) (a) "University fitness center" means a facility at a university unit, as provided in 20-25-201 , that offers instruction, training, consultation, equipment, or space to maintain, encourage, or develop physical fitness or conditioning.

(b) The term does not include a university's swimming pool facilities, golf course facilities, or youth camps.
Mont. Code Ann. § 20-25-1403 — MT Code / Title 20 / Chapter 25 / Part 14 / Section 20-25-1403
20-25-1403 Authorization to establish self-insured health plan for students -- requirements -- exemption
Status: in_force

20-25-1403 . Authorization to establish self-insured health plan for students -- requirements -- exemption. (1) The commissioner may establish a self-insured student health plan for enrolled students of the system and their dependents, including students of a community college district. In developing a self-insured student health plan, the commissioner shall:

(a) maintain the plan on an actuarially sound basis;

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

(c) deposit all reserve funds, contributions and payments, interest earnings, and premiums paid to the plan. The deposits must be expended for claims under the plan and for the costs of administering the plan, including but not limited to the costs of hiring staff, consultants, actuaries, and auditors, purchasing necessary reinsurance, and repaying debts.

(2) Prior to the implementation of a self-insured student health plan, the commissioner shall consult with affected parties, including but not limited to the board of regents and representatives of enrolled students of the system.

(3) A self-insured student health plan developed under this part is not responsible for and may not cover any services or pay any expenses for which payment has been made or is due under an automobile, premises, or other private or public medical payment coverage plan or provision or under a workers' compensation plan or program, except when the other payor is required by federal law to be a payor of last resort. The term "services" includes but is not limited to all medical services, procedures, supplies, medications, or other items or services provided to treat an injury or medical condition sustained by a member of the plan.

(4) The provisions of 20-25-1315 through 20-25-1320 apply to any self-insured student health plan developed under this part.

(5) (a) Except as provided in subsection (5)(b), the provisions of Title 33 do not apply to the commissioner when exercising the duties provided for in this part.

(b) A self-insured student health plan established under this part must include coverage for telehealth services as provided in 33-22-138 .
Mont. Code Ann. § 20-7-414 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-414
20-7-414 Determination of children in need and type of special education needed
Status: in_force

20-7-414 . Determination of children in need and type of special education needed. (1) The determination of the children requiring special education and the type of special education needed by these children is the responsibility of the school district, and the determination must be made in compliance with the procedures established in the rules of the superintendent of public instruction. The school district shall make available a free appropriate public education, in accordance with 20-7-411 , to all children who are eligible under the Individuals With Disabilities Education Act and who reside in the school district.

(2) The trustees of a school district shall establish and implement policies and procedures for the conduct of special education that are consistent with the Individuals With Disabilities Education Act and with state laws and rules of the board of public education and the superintendent of public instruction.
Mont. Code Ann. § 20-9-570 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-570
20-9-570 Statewide average per-pupil spending
Status: in_force

20-9-570 . (Temporary) Statewide average per-pupil spending. (1) The superintendent of public instruction shall calculate the per-pupil average of total public school expenditures in Montana for the second most recently completed school fiscal year by August 1 of the ensuing school fiscal year and make the calculation available to the public. The calculation is made by dividing total expenditures calculated in subsection (2) by total pupils calculated in subsection (3).

(2) Funds to be included in total school expenditures for the second most recently completed school year include but are not limited to:

(a) district general fund expenditures;

(b) transportation;

(c) bus depreciation;

(d) food services;

(e) tuition;

(f) retirement;

(g) miscellaneous programs;

(h) traffic education;

(i) nonoperating fund;

(j) lease-rental agreement;

(k) compensated absence fund;

(l) metal mines tax reserve;

(m) state mining impact;

(n) impact aid;

(o) litigation reserve;

(p) technology acquisition;

(q) flexibility fund;

(r) debt service;

(s) building reserve; and

(t) interlocal agreement.

(3) Total pupils are computed using an amount equal to the per-pupil average, but not the per-ANB average provided in 20-9-311 , for Montana school districts for the second most recently completed school year. (Terminates December 31, 2029--sec. 20, Ch. 480, L. 2021.)
Mont. Code Ann. § 20-7-1404 — MT Code / Title 20 / Chapter 7 / Part 14 / Section 20-7-1404
20-7-1404 Indian language immersion programs -- funding -- flexibility
Status: in_force

20-7-1404 . Indian language immersion programs -- funding -- flexibility. (1) School districts are encouraged to create Indian language immersion programs and in doing so:

(a) collaborate with other school districts, the Montana digital academy, tribal governments, and tribal colleges;

(b) utilize materials produced in the Montana Indian language preservation pilot program pursuant to section 1, Chapter 410, Laws of 2013;

(c) utilize American Indian language and culture specialists as teachers of language and culture; and

(d) look to existing native language schools in Montana and around the world for guidance and best practices.

(2) In acknowledgment of Article X, section 1, of the Montana constitution, the educationally relevant factors for the school funding formula under 20-9-309 (3), and the increased costs associated with language immersion programs, a district creating an Indian language immersion program is entitled to the following in addition to the school funding formula in Title 20, chapter 9:

(a) (i) subject to subsections (3) and (4), for every Indian student participating in an Indian language immersion program, an additional American Indian achievement gap payment, as calculated in 20-9-306 , multiplied by 2; and

(ii) for every non-Indian student participating in an Indian language immersion program, an additional Indian education for all payment, as calculated in 20-9-306 , multiplied by 2; and

(b) for every full-time American Indian language and culture specialist teaching in an Indian language immersion program, a quality educator and qualified staff payment as calculated in 20-9-306 .

(3) For a district operating an Indian language immersion program that improves the district's graduation rate for American Indians by 5 percentage points or more from the previous year as measured by the office of public instruction, the multiplier in subsection (2)(a)(i) must be increased to 3.

(4) If the money appropriated for Indian language immersion programs is insufficient to provide the amounts in subsections (2) and (3), the office of public instruction shall prorate the payments accordingly.

(5) The board of public education is encouraged to approve proposed variances to standards of accreditation for Indian language immersion programs when the board finds the proposal to be educationally sound and in alignment with the purpose described in 20-7-1402 (2).

(6) The cultural and intellectual property rights from materials developed for an Indian language immersion program belong to the tribe to which the materials relate. Use of the cultural and intellectual property outside of the Indian language immersion program may be negotiated with the tribe.

(7) A district may use payments received pursuant to this section as matching funds for federal or private fund sources to accomplish the purposes of this part.
Mont. Code Ann. § 20-25-518 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-518
20-25-518 Discrimination against student organizations prohibited
Status: in_force

20-25-518 . Discrimination against student organizations prohibited. (1) A public postsecondary institution may not deny a religious, political, or ideological student organization a benefit or privilege available to other student organizations or otherwise discriminate against a student organization based on the student organization's expressive activity, including any requirement of the student organization that a leader or member:

(a) affirm and adhere to the student organization's sincerely held beliefs;

(b) comply with the student organization's standards of conduct; or

(c) further the student organization's mission or purpose, as defined by the student organization.

(2) As used in 20-25-519 and this section, the following definitions apply:

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

(i) recognition;

(ii) registration;

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

(iv) the use of channels of communication; and

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

(b) "Public postsecondary institution" means:

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

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

(c) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.
Mont. Code Ann. § 20-15-301 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-301
20-15-301 Sources of financing for and types of capital expenditures
Status: in_force

20-15-301 . Sources of financing for and types of capital expenditures. (1) The board of trustees of a community college district may:

(a) purchase, lease, build, enlarge, alter, or repair school buildings and dormitories;

(b) furnish and equip buildings;

(c) purchase sites for buildings; and

(d) issue, refund, sell, budget, and redeem the bonds of the district in accordance with the provisions of 20-15-327 and chapter 9, part 4, of this title.

(2) The board of trustees of a community college district may borrow money for the purposes of 20-15-327 and this section and repay the obligations from the various revenues of the college as described in 20-15-327 .
Mont. Code Ann. § 20-5-403 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-403
20-5-403 Immunization required -- release and acceptance of immunization records -- notice of exemptions required
Status: in_force

20-5-403 . Immunization required -- release and acceptance of immunization records -- notice of exemptions required. (1) The governing authority of any school other than a postsecondary school may not allow a person to attend as a pupil unless the person:

(a) has been immunized against varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and with immunizing agents approved by the department;

(b) has been immunized against Haemophilus influenza type "b" before enrolling in a preschool if under 5 years of age;

(c) qualifies for conditional attendance; or

(d) files for an exemption as provided in 20-5-405 .

(2) (a) The governing authority of a postsecondary school may not allow a person to attend as a pupil unless the person:

(i) has been immunized against rubella and measles (rubeola) in the manner and with immunizing agents approved by the department; or

(ii) files for an exemption as provided in 20-5-405 .

(b) The governing authority of a postsecondary school may, as a condition of attendance, impose immunization requirements that are more stringent than those required by this part, subject to the exemptions provided for in 20-5-405 .

(3) A pupil who transfers from one school district to another may photocopy immunization records in the possession of the school of origin. The school district to which a pupil transfers shall accept the photocopy as evidence of immunization. Within 30 days after a transferring pupil ceases attendance at the school of origin, the school shall retain a certified copy for the permanent record and send the original immunization records for the pupil to the school district to which the pupil transfers.

(4) Any communication from a school, including websites and social media postings, regarding the immunizations required under this section must include information about the exemptions available under 20-5-405 , including copies of, or links to, exemption forms prescribed or developed by the department under 20-5-405 .
Mont. Code Ann. § 20-20-411 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-411
20-20-411 Conduct of election
Status: in_force

20-20-411 . Conduct of election. Election judges shall conduct school elections in a manner that ensures a fair and unbiased determination of the matters put before the electorate and see that each elector has an adequate opportunity to cast the elector's vote.
Mont. Code Ann. § 20-7-451 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-451
20-7-451 Authorization to create full service education cooperatives
Status: in_force

20-7-451 . Authorization to create full service education cooperatives. (1) A school district may contract with one or more other school districts to establish a cooperative to perform any or all education administrative services, activities, and undertakings that the school district entering into the contract is authorized by law to perform. The cooperative contract must be authorized by the boards of trustees of the districts entering into the contract.

(2) A cooperative contract may allow money allocated to a cooperative to be expended for:

(a) recruitment of professionals or employees for the cooperative; and

(b) facility rental and supportive services, including but not limited to janitorial and communication services.
Mont. Code Ann. § 20-26-621 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-621
20-26-621 Short title
Status: in_force

20-26-621 . Short title. Sections 20-26-621 through 20-26-623 may be cited as the "Montana Promise Act".
Mont. Code Ann. § 20-9-473 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-473
20-9-473 Security for oil and natural gas revenue bonds
Status: in_force

20-9-473 . Security for oil and natural gas revenue bonds. (1) To secure the payment of principal of and interest on oil and natural gas revenue bonds, the trustees of a school district, by resolution or indenture of trust, may provide that oil and natural gas revenue bonds are secured by a first lien on the oil and natural gas production revenue received pursuant to 20-9-310 and pledge to the holders of the oil and natural gas revenue bonds all of the oil and natural gas revenue deposited in the district's debt service fund.

(2) Upon receipt of oil and natural gas revenue, the county treasurer shall deposit in the district's debt service fund the amount that is required to pay the principal of and interest on the oil and natural gas revenue bonds due in the next 12-month period and to restore any deficiency in the oil and natural gas revenue debt service reserve account up to reserve requirements. Any remaining oil and natural gas revenue must be deposited as directed by the board of trustees as provided in 20-9-310 . The school district and county treasurer may designate a trustee for holders of the bonds to receive the school district's oil and natural gas revenue for purposes of making the annual debt service payments on oil and natural gas revenue bonds and may authorize the trustee to establish and maintain the oil and natural gas revenue bond debt service fund and oil and natural gas revenue bond debt service reserve account.

(3) Any pledge made pursuant to this section is valid and binding from the time the pledge is made, and the money pledged and received by the county treasurer on behalf of the school district to be placed in the debt service fund is immediately subject to the lien of the pledge without any future physical delivery or further act. A lien of any pledge is valid and binding against all parties that have claims of any kind against the school district regardless of whether the parties have notice of the lien. The bond resolution or indenture of trust that creates the pledge, when adopted by the trustees of any district, is notice of the creation of the pledge, and those instruments are not required to be recorded in any other place to perfect the pledge.

(4) The state may not limit, alter, or impair the ability of a school district to qualify for oil and natural gas revenue or in any way impair the rights and remedies of the bondholders until all bonds issued under this section, together with interest on the bonds, interest on any unpaid installments of principal or interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged. The trustees of any district, as agents for the state, may include a pledge and undertaking in resolutions and indentures authorizing and securing the bonds as described in this subsection.
Mont. Code Ann. § 20-4-701 — MT Code / Title 20 / Chapter 4 / Part 7 / Section 20-4-701
20-4-701 Legislative findings -- intent
Status: in_force

20-4-701 . Legislative findings -- intent. (1) The legislature finds and affirms that, pursuant to 20-9-309 , the definition of "a basic system of free quality public elementary and secondary schools" requires the recruitment and retention of qualified and effective teachers.

(2) The legislature finds and declares that the provision of and participation in a teacher residency program is constitutionally compliant and protected. The legislature declares that any public or private regulation that discriminates against a school district or an undergraduate student participating in a teacher residency program is inconsistent with constitutional goals and guarantees under Article X of the Montana constitution.

(3) The legislature intends that the teacher residency program be implemented in a collaborative and efficient manner among the various partnering entities and in a manner that results in teachers who participate in the program being:

(a) better prepared to teach effectively in the years following the program; and

(b) more inclined to remain in the teaching profession longer, especially in rural schools and high-need content areas.
Mont. Code Ann. § 20-9-615 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-615
20-9-615 Voluntary rural residential impact payments
Status: in_force

20-9-615 . Voluntary rural residential impact payments. (1) The trustees of a rural school district may negotiate with a real estate developer or subdivision developer in the school district to voluntarily contribute an impact payment to the district's building fund. The maximum amount of the payment that the trustees may accept must be based upon the number of pupils reasonably expected to move into the district because of the real estate development or subdivision development. Negotiations and any resulting contributions must be voluntary.

(2) For the purposes of this section, "rural school district" means a school district in which a majority of the pupils in the district reside outside the limits of any incorporated city or town.
Mont. Code Ann. § 20-25-704 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-704
20-25-704 Funds supplemental to other funds
Status: in_force

20-25-704 . Funds supplemental to other funds. All funds allocated through this program are supplemental in nature and are not meant to replace existing federal and state student financial assistance funds or any other funds that would otherwise be appropriated for student assistance.
Mont. Code Ann. § 20-7-454 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-454
20-7-454 Final approval and filing of full service education cooperative contract
Status: in_force

20-7-454 . Final approval and filing of full service education cooperative contract. Prior to commencement of its performance, a full service education cooperative contract made pursuant to 20-7-451 , 20-7-452 , and 20-7-454 through 20-7-456 must be:

(1) submitted to the superintendent of public instruction who has final approval authority pursuant to the policies of the board of public education;

(2) filed with the county clerk and recorder of the county or counties in which the school districts involved are located; and

(3) filed with the secretary of state.
Mont. Code Ann. § 20-31-302 — MT Code / Title 20 / Chapter 31 / Part 3 / Section 20-31-302
20-31-302 Duties
Status: in_force

20-31-302 . Duties. The fire services training advisory council shall advise the board and director of the fire services training school on planning, coordination, governance, management, and control of the fire services training school to promote the purposes of the school.
Mont. Code Ann. § 20-9-163 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-163
20-9-163 Resolution for budget amendment -- petition to superintendent of public instruction
Status: in_force

20-9-163 . Resolution for budget amendment -- petition to superintendent of public instruction. (1) Whenever the trustees of a district decide that a budget amendment is necessary because of an enrollment increase, they may petition the superintendent of public instruction to adopt a resolution for the budget amendment. The petition must be signed by a majority of the trustees.

(2) The petition must state the facts constituting the need for the budget amendment, the estimated amount of money required to fund the budget amendment, the funds affected by the budget amendment, the anticipated source of financing for the budget amendment, and the current year enrollment.

(3) The superintendent of public instruction shall promptly approve or disapprove the petition requesting approval to adopt a resolution for a budget amendment because of increased enrollment. The superintendent of public instruction shall adjust the district's maximum general fund budget based on the approved enrollment increase. Upon approval, a district may not adopt a budget amendment if the amount will cause the district to exceed the district's adjusted maximum general fund budget. If the petition is approved, the trustees may adopt a resolution for a budget amendment and take all other steps required for the adoption of a budget amendment. Approval of a petition by the superintendent of public instruction authorizes the board of trustees to initiate a budget amendment by resolution and does not relieve the trustees of the necessity of complying with the requirements of the school budgeting laws. Approval of the petition may not be construed as approval of any subsequent application for increased state aid on account of the budget amendment.
Mont. Code Ann. § 20-1-101 — MT Code / Title 20 / Chapter 1 / Part 1 / Section 20-1-101
20-1-101 Definitions
Status: in_force

20-1-101 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Accreditation standards" means the body of administrative rules governing standards such as:

(a) school leadership;

(b) educational opportunity;

(c) academic requirements;

(d) program area standards;

(e) content and performance standards;

(f) school facilities and records;

(g) student assessment; and

(h) general provisions.

(2) "Aggregate hours" means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled.

(3) "Agricultural experiment station" means the agricultural experiment station established at Montana state university-Bozeman.

(4) "At-risk student" means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation.

(5) "Average number belonging" or "ANB" means the average number of regularly enrolled, full-time pupils physically attending a school of the district or an offsite instructional setting or receiving remote instruction from the public schools of a district.

(6) "Board of public education" means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507 .

(7) "Board of regents" means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505 .

(8) "Career coach" means a person who, pursuant to 20-7-335 , provides career technical education or K-12 career and vocational/technical education postsecondary options to pupils in a district.

(9) "Commissioner" means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506 .

(10) "County superintendent" means the county government official who is the school officer of the county.

(11) "District superintendent" means a person who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a district superintendent.

(12) (a) "Educational program" means a set of educational offerings designed to meet the program area standards contained in the accreditation standards.

(b) The term does not include an educational program or programs used in 20-4-121 and 20-25-803 .

(13) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:

(a) offer a sequence of courses that provide a pupil with the academic and technical knowledge and skills that the pupil needs to prepare for further education and for careers in the current or emerging employment sectors; and

(b) include competency-based applied learning through advanced opportunities, work-based learning partnerships, and other experiential learning opportunities that contribute to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.

(14) (a) "Minimum aggregate hours" means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between classes and includes time spent logging on and off when receiving remote instruction.

(b) The term does not include lunch time and periods of unstructured recess.

(15) "Offsite instructional setting" means an instructional setting that is an extension of a school of the district, located apart from the school, but within the boundaries of the district, where a school district provides in-person pupil instruction to a student who is enrolled in the district. A district shall comply with any rules adopted by the board of public education that specify standards for the provision of educational services at an offsite instructional setting.

(16) "Principal" means a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a principal. For the purposes of this title, any reference to a teacher must be construed as including a principal.

(17) "Pupil" means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. The eligibility of pupils and calculations for average number belonging are governed by 20-9-311 .

(18) "Pupil instruction" means the conduct of organized learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise fulfill their full educational potential.

(19) "Qualified and effective teacher or administrator" means an educator who is licensed and endorsed in the areas in which the educator teaches, specializes, or serves in an administrative capacity as established by the board of public education.

(20) "Regents" means the board of regents of higher education.

(21) "Regular school election" or "trustee election" means the election for school board members held on the day established in 20-20-105 (1).

(22) "Remote instruction" means pupil instruction that occurs through virtual learning processes incorporating distance and online learning methods that best prepare pupils to meet desired learning outcomes as authorized in 20-7-118 .

(23) "School election" means a regular school election or any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title.

(24) "School food services" means a service of providing food for the pupils of a district on a nonprofit basis and includes any food service financially assisted through funds or commodities provided by the United States government.

(25) "School of the district" or "school in the district" means an accredited school operated by the district that is located within the boundaries of the district operating the school.

(26) "Special school election" means an election held on a day other than the day of the regular school election, primary election, or general election.

(27) "State board of education" means the board composed of the board of public education and the board of regents as specified in Article X, section 9, subsection (1), of the Montana constitution.

(28) "State university" means Montana state university-Bozeman.

(29) "Student with limited English proficiency" means any student:

(a) (i) who was not born in the United States or whose native language is a language other than English;

(ii) who is an American Indian and who comes from an environment in which a language other than English has had a significant impact on the individual's level of English proficiency; or

(iii) who is migratory, whose native language is a language other than English, and who comes from an environment in which a language other than English is dominant; and

(b) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student:

(i) the ability to meet the state's proficiency assessments;

(ii) the ability to successfully achieve in classrooms in which the language of instruction is English; or

(iii) the opportunity to participate fully in society.

(30) "Superintendent of public instruction" means that state government official designated as a member of the executive branch by the Montana constitution.

(31) "System" means the Montana university system.

(32) "Teacher" means a person, except a district superintendent, who holds a valid Montana teacher certificate that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111 .

(33) "Textbook" means a book, digital resource, or manual used as a principal source of study material for a given class or group of students.

(34) "Textbook dealer" means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state.

(35) "Trustees" means the governing board of a district.

(36) "University" means the university of Montana-Missoula.

(37) "Vocational-technical education" means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents.
Mont. Code Ann. § 20-32-102 — MT Code / Title 20 / Chapter 32 / Part 1 / Section 20-32-102
20-32-102 Agency cooperation -- responsibilities
Status: in_force

20-32-102 . Agency cooperation -- responsibilities. (1) To meet the objectives of the network, the following entities shall cooperate with one another:

(a) the department of administration, with its responsibilities for telecommunications for agencies of state government;

(b) the superintendent of public instruction, with a supervisory role over the public system of elementary and high schools; and

(c) the commissioner of higher education, with responsibilities to the Montana university system and the community colleges.

(2) The responsibilities of the superintendent of public instruction to the network include but are not limited to:

(a) general supervision of delivery of educational materials through telecommunications to elementary and high school districts in the state;

(b) compilation, maintenance, and dissemination to participating school districts of information that identifies the educational programming available from within and from outside the state;

(c) training of teachers and other school personnel in the use of telecommunications technologies for instructional purposes;

(d) assistance to school districts in identifying and procuring the telecommunications technologies needed to interface with the network;

(e) identification of production capability for telecommunication of educational materials;

(f) assistance to participating school districts with group purchases of instructional and educational materials;

(g) coordination with the commissioner of higher education and the units of the Montana university system to offer advanced placement courses, teacher inservice training, and other instruction through the network;

(h) payment of the superintendent's share of the network costs to the department of administration, as provided in 20-32-104 ;

(i) coordination with the department of administration to ensure compatibility of network components, to minimize duplication of efforts on behalf of the network, and to maximize use of the network by school districts; and

(j) determination of kinds of equipment, inservice, and district accounting necessary to implement the provisions of this part for school districts.

(3) The responsibilities of the department of administration to the network include but are not limited to:

(a) provision of technical support to the coordinating agencies referred to in subsection (1);

(b) development of standards of compatibility for the network;

(c) procurement and management of network equipment and facilities that have shared use by multiple users or agencies;

(d) assistance with procurement, installation, maintenance, and operation of end-terminal equipment and facilities of the network;

(e) minimizing any duplication of equipment and facilities within the network and in conjunction with the department of administration's other networking capabilities;

(f) coordination of use of the network by state agencies, subdivisions of the state, and public libraries in a manner that does not interfere with the delivery of the primary network function of providing educational services to school districts and state units of higher education;

(g) studying the use of the network by Native American tribal colleges and other nonpublic education institutions in the state, with the long-range goal of coordinating the use of the network with those entities; and

(h) maintenance of cost and usage records and a billing system for user agencies for services rendered that incur marginal costs for the network.

(4) The responsibilities of the commissioner of higher education to the network include but are not limited to:

(a) coordination of the use of the network among the units of higher education and with the superintendent of public instruction and the department of administration;

(b) assistance to the units of the Montana university system to provide college credit courses through the network to students throughout the state;

(c) coordination with the superintendent of public instruction to develop advance placement courses for high school students in Montana, teacher inservice training, and other services and instruction through the network;

(d) assistance to the units of the Montana university system and the community colleges in defining their specific needs for interfacing with the network;

(e) assistance to participating units, centers, and colleges with group purchases of instructional and educational materials; and

(f) determination of the kinds of equipment, inservice, and accounting necessary to implement the provisions of this part for the university system and community colleges.
Mont. Code Ann. § 20-5-422 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-422
20-5-422 Emergency use of stock albuterol in school setting -- limit on liability -- reporting
Status: in_force

20-5-422 . Emergency use of stock albuterol in school setting -- limit on liability -- reporting. A public or nonpublic school may maintain a supply of stock albuterol, including single-use disposable holding chambers if necessary, to be administered by a school nurse or other authorized personnel to a student or nonstudent as needed for respiratory distress. A school that intends to obtain an order for emergency use of stock albuterol in a school setting or at related activities shall adhere to the following requirements:

(1) A school that keeps stock albuterol on site shall develop a protocol related to the training of school employees, the maintenance and location of the stock albuterol, and the immediate and long-term followup to the administration of the medication, including determining when to make a 9-1-1 emergency call.

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

(3) A licensed pharmacist may dispense stock albuterol medication and spacers to schools in accordance with this section.

(4) A school may enter into an agreement with a manufacturer of bronchodilators or spacers, a third-party supplier of bronchodilator or spacers, or a health care office to obtain bronchodilators or spacers at no charge, at market price, or at a reduced price. A school district may accept gifts, grants, or donations to purchase bronchodilators or spacers for emergency use.

(5) Authorized personnel shall complete an annual asthma education program approved by the department of public health and human services. The training must include causes of respiratory distress, recognition of signs and symptoms of respiratory distress, indications for the administration of albuterol, administration techniques, and the need for immediate access to a certified emergency responder.

(6) The stock albuterol must be kept in a secure and easily accessible location.

(7) A school nurse or other authorized personnel may, in good faith, administer the stock albuterol to any student or nonstudent who is experiencing respiratory distress based on the protocol developed by the school.

(8) If a school keeps stock albuterol on site that has been prescribed to the school, the school shall inform parents or guardians about the potential use of stock albuterol in a respiratory distress emergency. The school shall make the protocol available on request.

(9) In accordance with the provisions of 27-1-714 , a school district or nonpublic school and its employees and agents are not liable as a result of an injury arising from the administration of stock albuterol to a student or nonstudent unless an act or omission is a result of gross negligence, willful or wanton misconduct, or an intentional tort.

(10) This section may not be interpreted to relieve a student's parent or guardian of providing a student's medication or create an expectation that a school will have stock albuterol available.

(11) A school that voluntarily possesses and makes available stock albuterol pursuant to this section shall:

(a) document the use of stock albuterol following an event and report this use to the department of public health and human services within 3 days. The reporting format and required details must be determined by the department.

(b) submit an annual report to the department of public health and human services summarizing the use of stock albuterol during each school year. The reporting format and required details must be determined by the department.
Mont. Code Ann. § 20-6-215 — MT Code / Title 20 / Chapter 6 / Part 2 / Section 20-6-215
20-6-215 Review of boundaries by county superintendent
Status: in_force

20-6-215 . Review of boundaries by county superintendent. A county superintendent of schools shall, at least once every 3 years, review the existing elementary school district boundaries in the county. The review and any recommended boundary changes must include information that the territory proposed for transfer complies with the provisions of 20-6-105 (1) through (3) and must be presented by the superintendent at a hearing conducted under 20-6-105 (6). If the superintendent orders a boundary change after the hearing, the superintendent shall forward copies of the review and the testimony at the hearing to the board of county commissioners and the state superintendent of public instruction.
Mont. Code Ann. § 20-3-301 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-301
20-3-301 Election and term of office
Status: in_force

20-3-301 . Election and term of office. (1) Every trustee position prescribed by this title is subject to election. Except as provided in 20-3-313 , a school trustee election must be held annually on the regular school election day established in 20-20-105 (1).

(2) The term of office for each position must be 3 years unless it is otherwise specifically prescribed by this title.

(3) The board of trustees must be composed of the number of trustee positions prescribed for a district by 20-3-341 and 20-3-351 . When exercising the power and performing the duties of trustees, the members shall act collectively and only at a regular or a properly called special meeting.

(4) The number of trustee positions in a district must vary in accordance with 20-3-341 and 20-3-351 according to the type of district.
Mont. Code Ann. § 20-26-201 — MT Code / Title 20 / Chapter 26 / Part 2 / Section 20-26-201
20-26-201 Duties of commissioner of higher education relative to program
Status: in_force

20-26-201 . Duties of commissioner of higher education relative to program. The commissioner of higher education shall:

(1) adopt policies to administer the Montana resident student financial aid program, including the establishment of criteria for student eligibility that must consider financial need;

(2) determine the amount of individual financial aid awards;

(3) establish procedures for fiscal control, fund accounting, and necessary reports, including the reports required under 20-26-105 ; and

(4) apply for, receive, and administer federal and private money.
Mont. Code Ann. § 20-6-108 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-108
20-6-108 Proportional reconciliation of taxable valuation -- reimbursement for isolated pupils
Status: in_force

20-6-108 . Proportional reconciliation of taxable valuation -- reimbursement for isolated pupils. (1) The resident school district shall impose a levy and make a reconciliation payment to the school district of attendance as calculated in this section when a petition under 20-6-107 has been granted to a school district of attendance by the applicable county superintendent.

(2) Following approval of the petition and not later than the first Tuesday in September, the school district of attendance shall notify the resident school district of the mills budgeted to be imposed by the school district of attendance for district operational levies pursuant to the final budget adopted by the school district of attendance in compliance with 20-9-131 .

(3) The resident school district shall calculate and impose levies on all of its taxable value sufficient to generate the amount of the reconciliation payment. The reconciliation payment must be incorporated into the tuition budget of the district of residence. The amount of the reconciliation payment must be calculated by:

(a) multiplying the number of full-time equivalent isolated pupils of the resident school district in the prior year as approved by the county superintendent pursuant to 20-6-107 (4) by the mill value per-ANB determined pursuant to subsection (4) of this section; and

(b) multiplying the result of subsection (3)(a) by the number of mills reported by the school district of attendance under subsection (2).

(4) The mill value per-ANB for the resident school district under subsection (3)(a) must be calculated by the office of public instruction and reported by May 1 with the information required in 20-9-369 (1)(a) to the resident school district and to the school district of attendance based on the certified taxable value of the resident school district for the prior school fiscal year divided by the resident school district's budgeted ANB in the prior school fiscal year.

(5) Revenue generated from the reconciliation payment levy imposed on the resident school district pursuant to subsection (4) must be deposited in the tuition fund of the resident school district and used solely for reconciliation payments to the school district of attendance.

(6) By December 31, the resident school district shall pay at least one-half of the reconciliation payment provided for in this section to the school district of attendance. The remaining obligation must be paid by June 15 of the same fiscal year.

(7) On receipt of the reconciliation payment, a school district of attendance shall deposit the payment in the school district's flexibility fund or any other budgeted funds in the discretion of the trustees.
Mont. Code Ann. § 20-9-640 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-640
20-9-640 Terminated
Status: in_force

20-9-640 . Terminated. Secs. 2, 3, Ch. 188, L. 2021.
Mont. Code Ann. § 20-6-418 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-418
20-6-418 Surrender of records when district ceases to exist
Status: in_force

20-6-418 . Surrender of records when district ceases to exist. Within 10 days after any district ceases to exist, the trustees shall surrender all minutes, documents, and other records of the district to the trustees of the district assuming its territory or, if more than one district assumes its territory, to the county superintendent.
Mont. Code Ann. § 20-15-403 — MT Code / Title 20 / Chapter 15 / Part 4 / Section 20-15-403
20-15-403 Applications of other school district provisions
Status: in_force

20-15-403 . Applications of other school district provisions. (1) When the term "school district" appears in the following sections outside of Title 20, the term includes community college districts and the provisions of those sections applicable to school districts apply to community college districts: 2-9-101 , 2-9-111 , 2-9-316 , 2-16-114 , 2-16-602 , 2-16-614 , 2-18-703 , 7-3-1101 , 7-6-2604 , 7-6-2801 , 7-7-123 , 7-8-2214 , 7-8-2216 , 7-11-103 , 7-12-4106 , 7-13-110 , 7-15-4206 , 10-1-703 , 15-1-101 , 15-6-204 , 15-16-101 , 15-16-605 , 15-70-401 , 17-5-101 , 17-5-202 , 17-6-103 , 17-6-204 , 17-6-205 , 17-6-213 , 17-7-201 , 18-1-201 , 18-2-101 , 18-2-103 , 18-2-113 , 18-2-114 , 18-2-401 , 18-2-404 , 18-2-432 , 18-5-205 , 19-1-102 , 19-1-811 , 19-20-302 , 22-1-309 , 25-1-402 , 27-18-406 , 33-20-1104 , 39-3-104 , 39-4-107 , 39-31-103 , 39-31-304 , 39-71-116 , 39-71-117 , 39-71-2106 , 40-6-237 , 49-3-101 , 49-3-102 , 50-71-112 , 52-2-617 , 53-20-304 , 82-10-201 through 82-10-203 , 85-7-2158 , and 90-6-208 and Rules 4(k) and 15(c), M.R.Civ.P., as amended.

(2) When the term "school district" appears in a section outside of Title 20 but the section is not listed in subsection (1), the school district provision does not apply to a community college district.
Mont. Code Ann. § 20-5-409 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-409
20-5-409 Failure to immunize or claim exemption -- injunction
Status: in_force

20-5-409 . Failure to immunize or claim exemption -- injunction. (1) A parent, guardian, or adult having the responsibility for the care and custody of a minor required by law to attend school shall elect to do one of the following:

(a) present evidence to the school that the minor has been immunized against the diseases specified in 20-5-403 ;

(b) take action to fully immunize the minor against the diseases listed in 20-5-403 , in the manner and with immunizing agents approved by the department;

(c) file for an exemption pursuant to 20-5-405 .

(2) If, as a result of the parent, guardian, or responsible adult's failure to make the election referred to in subsection (1), the minor is excluded from school, the department or the local health department may seek an injunction requiring the parent, guardian, or responsible adult to elect and perform one of the alternatives listed in subsection (1).

(3) Injunction is the exclusive remedy for failure to take any of the actions referred to in subsection (1).
Mont. Code Ann. § 20-9-401 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-401
20-9-401 Applicable laws for school district bonding
Status: in_force

20-9-401 . Applicable laws for school district bonding. (1) The school district bonding provisions of this title and all applicable laws of the state shall govern:

(a) the issuance, refunding, and sale of school district bonds;

(b) the levying of taxes for payment of the principal and interest on school district bonds; and

(c) the redemption of bonds.

(2) Should there be a conflict between the provisions of this title and the provisions of any other law of the state, the provisions of this title shall govern.
Mont. Code Ann. § 20-9-360 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-360
20-9-360 State equalization aid levy
Status: in_force

20-9-360 . State equalization aid levy. There is a levy of 40 mills imposed by the county commissioners of each county on all taxable property within the state, except property for which a tax or fee is required under 61-3-321 (2) or (3), 61-3-529 , 61-3-537 , 61-3-562 , 61-3-570 , and 67-3-204 . Proceeds of the levy must be remitted to the department of revenue, as provided in 15-1-504 , and must be deposited to the credit of the school equalization and property tax reduction account established in 20-9-336 for state equalization aid to the public schools of Montana.
Mont. Code Ann. § 20-1-210 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-210
20-1-210 Nonfaculty coaches in private high schools
Status: in_force

20-1-210 . Nonfaculty coaches in private high schools. (1) A private or parochial high school is not bound by any rule or policy which prohibits the employment or association of part-time assistant athletic instructors with a high school who are not members of the regular faculty of the school, and no such school may be denied the privilege of participating in interscholastic competition with any school in this state because of the employment or association of such assistant athletic instructors with that school.

(2) Upon the complaint of an interested person, a district court may enjoin any association or combination of high schools from conspiring to violate this section or acting in concert in violation thereof.
Mont. Code Ann. § 20-7-1708 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1708
20-7-1708 Qualified schools -- regulations
Status: in_force

20-7-1708 . Qualified schools -- regulations. (1) The superintendent of public instruction shall require qualified schools who enroll students who are participating in the Montana special needs equal opportunity education savings account program to submit quarterly reports of services provided to qualified students as required under the program.

(2) A qualified school is not an agent of the state or federal government.

(3) The superintendent of public instruction or any other state agency may not regulate the educational program of a qualified school that enrolls a qualified student, except as provided under 20-5-109 .

(4) The creation of the Montana special needs equal opportunity education savings account program does not expand the regulatory authority of the state, its officers, or a school district to impose additional regulation on providers of educational services under the program beyond that reasonably necessary to enforce the requirements of the Montana special needs equal opportunity education savings account program.
Mont. Code Ann. § 20-9-371 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-371
20-9-371 Calculation and uses of school facility entitlement amount
Status: in_force

20-9-371 . Calculation and uses of school facility entitlement amount. (1) The state reimbursement for school facilities for a district is the percentage determined in 20-9-346 (2)(b) times (1-(district mill value per ANB/facility guaranteed mill value per ANB)) times the lesser of the total school facility entitlement calculated under the provisions of 20-9-370 or the district's current year debt service obligations on general obligation bonds that qualify under the provisions of 20-9-370 (3).

(2) The state advance for school facilities for a district is determined as follows:

(a) Calculate the percentage of the district's debt service payment that will be advanced by the state using the district ANB, the district mill value and the statewide mill value for the current year, and the percentage used to determine the proportionate share of state reimbursement for school facilities in the prior year.

(b) Multiply the percentage determined in subsection (2)(a) by the lesser of the total school facility entitlement calculated under the provisions of 20-9-370 or the district's current year debt service obligation for general obligation bonds to which the state advance applies.

(3) Within the available appropriation, the superintendent of public instruction shall first distribute to eligible districts the state advance for school facilities. From the remaining appropriation, the superintendent shall distribute to eligible districts the state reimbursement for school facilities.

(4) The trustees of a district may apply the state reimbursement for school facilities to reduce the levy requirement in the ensuing school fiscal year for all outstanding bonded indebtedness on general obligation bonds sold in the debt service fund of the district. The trustees may apply the state advance for school facilities to reduce the levy requirement in the current school fiscal year for debt service payments on general obligation bonds to which the state advance for school facilities applies.
Mont. Code Ann. § 20-26-614 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-614
20-26-614 Montana STEM scholarship program
Status: in_force

20-26-614 . Montana STEM scholarship program. (1) There is a Montana STEM scholarship program. The program is administered by the board through the office of the commissioner of higher education.

(2) The purpose of the Montana STEM scholarship program is to provide an incentive for Montana high school students to prepare for, enter into, and complete degrees in postsecondary fields related to science, technology, engineering, mathematics, and health care, with the goals of increasing the number of STEM degree recipients participating in Montana's workforce and satisfying current and anticipated economic and workforce development needs in Montana.

(3) The board shall adopt policies and procedures for the administration of the Montana STEM scholarship program consistent with this part.
Mont. Code Ann. § 20-15-104 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-104
20-15-104 Pecuniary interest and letting contracts
Status: in_force

20-15-104 . Pecuniary interest and letting contracts. (1) It is unlawful for any community college district trustee to:

(a) have a pecuniary interest, either directly or indirectly, in the erection of any community college building in the trustee's district;

(b) have a pecuniary interest, either directly or indirectly, in furnishing or repairing a community college building;

(c) be in any manner connected with the furnishing of supplies for the maintenance of the college; or

(d) receive or accept any compensation or reward for services rendered as trustee, except as provided in this section.

(2) Except for the letting of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, including construction or installation of conservation measures pursuant to an energy performance contract, the board of trustees shall let contracts for building, furnishing, repairing, or other work or supplies for the benefit of the district according to the following rules and procedures:

(a) The board of trustees need not meet requirements relating to advertising or bidding if a proposed contract for building, furnishing, repairing, or other work or supplies is for less than $80,000.

(b) Whenever the proposed contract costs are more than $80,000, the board of trustees shall solicit formal bids and advertise once each week for at least 2 weeks in a newspaper published in each county in which the area of the district lies, calling for bids to perform the work or furnish the supplies. If advertising is required, the board shall award the contract to the lowest responsible bidder. However, the board of trustees has the right to reject any bids.
Mont. Code Ann. § 20-6-603 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-603
20-6-603 Trustees' authority to acquire or dispose of sites and buildings -- when election required
Status: in_force

20-6-603 . Trustees' authority to acquire or dispose of sites and buildings -- when election required. (1) The trustees of a district may purchase, build, exchange, or otherwise acquire, sell, or dispose of sites and buildings of the district. Except as provided in 20-6-604 and 20-6-621 , action may not be taken by the trustees without the approval of the qualified electors of the district at an election called for the purpose of approval unless:

(a) a bond issue has been authorized for the purpose of constructing, purchasing, or acquiring the site or building;

(b) the cost of constructing, purchasing, or acquiring the site or building is financed without exceeding the maximum general fund budget amount for the district and, in the case of a site purchase, the site has been approved under the provisions of 20-6-621 ; or

(c) money is otherwise available under the provisions of this title and the ballot for the site approval for the building incorporated a description of the building to be located on the site.

(2) Except for land that is granted to or held by the state in trust or land acquired by conditional deed under the provisions of 20-6-605 , the trustees may, upon approval by the electorate, accept as partial or total consideration for the exchange of the land a binding written agreement by a public or private entity seeking the exchange to use the property to provide a service that benefits the school district. The deed for the exchange of land must contain reversionary clauses that allow for the return of the land to school district ownership if the binding written agreement is not complied with.

(3) When an election is conducted under the provisions of this section, it must be called under the provisions of 20-20-201 and must be conducted in the manner prescribed by this title for school elections. An elector qualified to vote under the provisions of 20-20-301 may vote in the election. If a majority of those electors voting at the election approve the proposed action, the trustees may take the proposed action.
Mont. Code Ann. § 20-20-415 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-415
20-20-415 Trustees to canvass votes
Status: in_force

20-20-415 . Trustees to canvass votes. At the first regular or special meeting of the trustees conducted after the receipt of the certified tally sheets of any school election from all the polls of the district, the trustees shall canvass the vote.
Mont. Code Ann. § 20-3-366 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-366
20-3-366 Qualifying district health insurance trusts -- qualifications -- definitions -- rulemaking
Status: in_force

20-3-366 . Qualifying district health insurance trusts -- qualifications -- definitions -- rulemaking. (1) The first district health insurance trust that is qualified by the state auditor under this section must be provided the insurance trust incentive payment under 20-3-369 to stabilize health insurance costs and capitalize an operating reserve for the school district members of the trust. The state auditor may qualify only the first district health insurance trust meeting the criteria of this section.

(2) A district health insurance trust seeking qualification from the state auditor under subsection (3) shall apply to the state auditor demonstrating that the district health insurance trust:

(a) has been created on or after July 1, 2023, by a multidistrict agreement pursuant to 20-3-363 or by an interlocal cooperative agreement among participating school districts pursuant to the provisions of Title 20, chapter 9, part 7. The terms of the agreement must include the state auditor or the auditor's designee as an ex officio nonvoting member of the trust's governing board.

(b) has a binding contractual agreement among at least 150 districts employing a minimum of 12,000 employees to participate in and obtain health insurance for its employees through the trust. The calculation of these thresholds may include:

(i) only the number of employees that are contracted to participate in and obtain health insurance through the trust by each participating district; and

(ii) school districts and their employees with current renewal cycles other than a school fiscal year provided that the districts and employees are purchasing insurance through the trust not later than the earlier of the day after the date of the expiration of their previous policy or January 1 in the first year of the trust's operation.

(c) equally allocates the shared risk of assessments among all members of the trust;

(d) determines plan design, contribution rates, and a contribution tier structure in consultation with a certified actuary;

(e) has adopted a required limit on administrative costs of not more than 12% of total costs in the formative documents of the trust. An initial commitment included in the application for qualification is legally binding on the trust in its operations.

(f) maintains full control over claims data for medical and pharmacy benefits and makes the data available to member districts on request in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d, et seq.;

(g) provides, either directly or through a third-party administrator, estimates of costs for employees' anticipated medical treatments and procedures and estimates of required cost sharing by members;

(h) has formed as an agreement between school districts undertaken to separately or jointly indemnify one another by way of a pooling, joint retention, deductible, or self-insurance plan as described in and subject to 33-1-102 (9);

(i) prohibits any preexisting health benefits trust or district from imposing its liabilities on the trust that were incurred prior to joining the trust; and

(j) adopts contribution rates as recommended by its contracted actuary to pay all claims and maintain plan reserves at or above minimum levels of risk-based capital recommended by its actuary. The trust shall prepare and submit to the state auditor a report of its financials in a form and containing information as required by the state auditor by rule.

(3) Nothing in this section may be construed to require a district to obtain insurance through the trust in whole or in part. A district may provide insurance through the trust for some groups and through other means for other groups, provided that at least 12,000 employees must be covered under the trust to qualify for the incentives under 20-3-369 . Any group of a district obtaining insurance through the trust is subject to the same requirements applicable to districts regarding the minimum duration of participation, conditions for withdrawal, and delay of return to the trust under 20-3-367 .

(4) A district health insurance trust qualified by the state auditor may, at its option, contract services with a third-party administrator for services needed by the trust, including but not limited to enrollment, claims processing, wellness plans, and access to financial arrangements with providers through provider network agreements via a contract.

(5) The state auditor shall adopt rules necessary to implement 20-3-366 through 20-3-370 . The rules must address minimum reserves and reporting requirements for the trust. The state auditor may order the dissolution of the trust if the trust fails to comply with the provisions of 20-3-366 through 20-3-370 or the rules adopted by the state auditor.

(6) For the purposes of 20-3-366 through 20-3-370 , the following definitions apply:

(a) "Administrative costs" means the overall costs of operating a district health insurance trust except for:

(i) the cost of providing health care to members, including wellness plans to improve and promote health and fitness;

(ii) additions to reserves as recommended by the district health insurance trust's actuary under subsection (2); and

(iii) the cost of excess insurance or reinsurance for high-cost claims within the trust with plan design and deductible levels as recommended by the trust's actuary.

(b) "District" means a public school district as provided in 20-6-101 and 20-6-701 and any cooperative formed pursuant to 20-7-451 through 20-7-457 .

(c) "District health insurance trust" or "trust" means an arrangement, plan, interlocal agreement, or multidistrict agreement complying with the requirements of this section that jointly provides disability insurance as defined in 33-1-207 to the officers, elected officials, or employees of districts through a member-governed, self-funded program.

(d) "Employee" means an individual employed by a district in any capacity, including but not limited to an employee meeting the definition in 2-18-601 and a teacher or principal as defined in 20-1-101 who is regularly scheduled to work at least 20 hours or more a week during the academic year.

(e) "Member" means any employee and the employee's qualified dependents who are obtaining health insurance coverage under the trust by virtue of their status as a dependent of the employee.
Mont. Code Ann. § 20-9-510 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-510
20-9-510 Traffic education fund
Status: in_force

20-9-510 . Traffic education fund. The trustees of any district offering a state reimbursed traffic education program shall establish a traffic education fund under the provisions of 20-7-507 . Such fund shall be a nonbudgeted fund and shall be financially administered under the provisions of this title for a nonbudgeted fund.
Mont. Code Ann. § 20-9-384 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-384
20-9-384 School funding data dashboard
Status: in_force

20-9-384 . School funding data dashboard. (1) The legislative fiscal analyst shall develop publicly available and interactive data tools related to school funding. The purpose of these tools is to help Montanans better understand school funding and to assist policymakers in monitoring the status of school funding.

(2) The data tools must:

(a) be based on the most accurate and current financial data available;

(b) allow for longitudinal analysis and disaggregation based on district type, size, and location; and

(c) include data measures related to but not limited to:

(i) the percent of total K-12 revenues provided by the state's share as defined in 20-9-306 ;

(ii) the percent of total K-12 revenues made up of property tax revenue;

(iii) the equitable distribution of the state's share and the equity of the funding formula;

(iv) base, average, and top teacher and administrator salaries compared regionally, nationally, and by state rankings; and

(v) other data measures as determined by the legislative fiscal analyst or as directed by the legislative finance committee.

(3) In developing the data tools, the legislative fiscal analyst shall collaborate with:

(a) the board of public education;

(b) the office of public instruction;

(c) the governor's office of budget and program planning;

(d) the legislative services division; and

(e) other organizations or entities as determined by the legislative fiscal analyst or as directed by the legislative finance committee.
Mont. Code Ann. § 20-15-220 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-220
20-15-220 Trustee election ballot
Status: in_force

20-15-220 . Trustee election ballot. (1) The trustee election ballot must be substantially in the following form:

Official Ballot Community College Trustee Election Instructions to Voters

Make an "X" or similar mark in the vacant square before the name of the candidate for whom you wish to vote.

Vote for (indicate number to be elected) for a 3-year term.

☐ ................ List the names of the candidates for the 3-year term with a vacant square in front of each name.

Vote for (indicate number to be elected) for a 2-year term.

☐ ................ List the names of the candidates for the 2-year term with a vacant square in front of each name.

Vote for (indicate number to be elected) for a 1-year term.

☐ ................ List the names of the candidates for the 1-year term with a vacant square in front of each name.

(2) In preparing the ballots, only those portions of the prescribed ballot that are applicable to the election to be conducted need be used. The ballot must also be prepared with blank lines and vacant squares in front of the lines in a sufficient number to allow write-in voting for each trustee position that is subject to election.
Mont. Code Ann. § 20-7-901 — MT Code / Title 20 / Chapter 7 / Part 9 / Section 20-7-901
20-7-901 Definitions
Status: in_force

20-7-901 . Definitions. As used in this part the following definitions apply:

(1) "Gifted and talented children" means children of outstanding abilities who are capable of high performance and require differentiated educational programs beyond those normally offered in public schools in order to fully achieve their potential contribution to self and society. The children so identified include those with demonstrated achievement or potential ability in a variety of worthwhile human endeavors.

(2) "Professionally qualified persons" means teachers, administrators, school psychologists, counselors, curriculum specialists, artists, musicians, and others with special training who are qualified to appraise pupils' special competencies.
Mont. Code Ann. § 20-15-107 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-107
20-15-107 Lease or sale of district property
Status: in_force

20-15-107 . Lease or sale of district property. Whenever a district has property that is not required for the use of the district, such property may be leased or sold and conveyed to the community college district. Such lease or sale of property shall be consummated in accordance with the provisions of the law of Montana.
Mont. Code Ann. § 20-7-305 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-305
20-7-305 Funding for secondary K-12 career and vocational/technical education programs -- application -- rules
Status: in_force

20-7-305 . Funding for secondary K-12 career and vocational/technical education programs -- application -- rules. (1) The superintendent of public instruction shall annually distribute money from the biennial appropriation for secondary K-12 career and vocational/technical education. The money must be allocated to high school districts providing approved secondary K-12 career and vocational/technical education programs in accordance with 20-7-306 and this section.

(2) A high school district providing secondary K-12 career and vocational/technical education programs shall apply to the superintendent of public instruction for funds available under 20-7-306 and this section. The superintendent of public instruction shall by rule prescribe the method for distribution, the form of the application, budget procedures, and accounting rules for the funds. The superintendent of public instruction may prescribe other requirements for the receipt of funding consistent with Title 20, chapter 7, part 3.

(3) A secondary K-12 career and vocational/technical education program in a high school district may not be funded until that program has been offered by the school district for 1 school year.

(4) As used in 20-7-306 and this section, the term "school district" means a district organized for the purpose of providing educational services for grades 9 through 12, but the term does not include postsecondary vocational education centers.
Mont. Code Ann. § 20-9-130 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-130
20-9-130 District obligation for students in youth detention facility
Status: in_force

20-9-130 . District obligation for students in youth detention facility. A school district is responsible for providing funding for the education of students of the district who are detained in a youth detention facility. The school district's obligation must be funded from the district's tuition fund or impact aid fund.
Mont. Code Ann. § 20-6-506 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-506
20-6-506 Budgeting and cost sharing when junior high school operated by elementary district and high school district operating county high school
Status: in_force

20-6-506 . Budgeting and cost sharing when junior high school operated by elementary district and high school district operating county high school. (1) Whenever the opening of a junior high school is approved for the ensuing school fiscal year under 20-6-505 , the county superintendent shall estimate the average number belonging (ANB) after investigating the probable enrollment for the junior high school. The ANB determined by the county superintendent and the ANB actually realized in subsequent school fiscal years must be applied to prorate the BASE funding program amount between the elementary and high school districts. Each district shall adopt its general fund budget on the basis of the prorated amount and shall finance its proportionate share of the cost of operating the junior high school.

(2) The cost of operating the junior high school must be prorated between the elementary district and the high school district on the basis of the ratio that the number of pupils of their district is to the total enrollment of the junior high school.
Mont. Code Ann. § 20-1-502 — MT Code / Title 20 / Chapter 1 / Part 5 / Section 20-1-502
20-1-502 American Indian studies -- definitions
Status: in_force

20-1-502 . American Indian studies -- definitions. As used in this part, the following definitions apply:

(1) "American Indian studies" means instruction pertaining to the history, traditions, customs, values, beliefs, ethics, language, and contemporary affairs of American Indians, particularly Indian tribal groups in Montana.

(2) "Educational agency" means:

(a) the Montana university system;

(b) professional educator preparation programs accredited by the board of public education;

(c) the board of public education;

(d) the office of public instruction; and

(e) school districts.

(3) "Instruction" means:

(a) a formal course of study or class, developed in consultation with Montana tribes, that is offered separately or that is integrated into existing accreditation standards by a unit of the university system or by an accredited tribal community college located in Montana, including a teacher education program within the university system or a tribal community college located in Montana, or by the board of trustees of a school district;

(b) inservice training developed by the superintendent of public instruction in cooperation with educators of Indian descent and made available to school districts;

(c) inservice training provided by a local board of trustees of a school district, which is developed and conducted in cooperation with tribal education departments, tribal community colleges, or other recognized Indian education resource specialists; or

(d) inservice training developed by professional education organizations or associations in cooperation with educators of Indian descent and made available to all certified and classified personnel.
Mont. Code Ann. § 20-26-1105 — MT Code / Title 20 / Chapter 26 / Part 11 / Section 20-26-1105
20-26-1105 Student loan account
Status: in_force

20-26-1105 . Student loan account. (1) There is a student loan account within the federal special revenue fund provided for in 17-2-102 .

(2) The board shall credit to the account established in subsection (1) all money designated for the student loan program by the United States or by any other public or private source. All expenses incurred by the board in connection with the student loan program, including principal and interest payments required because of loan defaults, must be charged against the account.

(3) Money in the account not needed to meet current obligations of the board in the exercise of its responsibilities as guarantor and administrator, as provided for in this part, must be invested in accordance with the provisions of Title 17, chapter 6. Interest proceeds must be credited to the account.

(4) Money on deposit in the student loan account may not revert to the general fund at the close of any fiscal year.
Mont. Code Ann. § 20-10-121 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-121
20-10-121 Duty of trustees to provide transportation -- types of transportation -- bus riding time limitation
Status: in_force

20-10-121 . Duty of trustees to provide transportation -- types of transportation -- bus riding time limitation. (1) The trustees of a district may furnish transportation to an eligible transportee who attends a school of the district or has been granted permission to attend a school outside of the district. Whenever the trustees of a district provide transportation for an eligible transportee, the trustees shall provide all eligible transportees of the district with transportation. The trustees shall furnish transportation when directed to do so by the county transportation committee and when that direction is upheld by the superintendent of public instruction.

(2) The tendering of a contract to the parent or guardian under which the district would pay the parent or guardian for individually transporting the pupil or pupils fulfills the district's obligation to furnish transportation for an eligible transportee. The parent or guardian of an eligible transportee may provide transportation or arrange for transportation for the parent's or guardian's child at the parent's or guardian's own expense to any district willing to accept the child.

(3) The type of transportation provided by a district may be:

(a) by a school bus; or

(b) by individual transportation:

(i) paying the parent or guardian for individually transporting the pupil;

(ii) paying board and room reimbursements;

(iii) providing supervised correspondence study; or

(iv) providing supervised home study.

(4) When the parent or guardian of an elementary pupil consents to a trip of over 1 hour, the trustees may require the eligible transportee to ride a school bus for more than 1 hour each trip.
Mont. Code Ann. § 20-15-304 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-304
20-15-304 Federal and state aid
Status: in_force

20-15-304 . Federal and state aid. The board of trustees of a community college district is hereby authorized to accept funds from the federal government or the state of Montana, their instrumentalities, or any of their agencies in aid of any one or more purposes or in maintaining and operating the community college.
Mont. Code Ann. § 20-7-119 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-119
20-7-119 Administration of United States civics test
Status: in_force

20-7-119 . Administration of United States civics test. (1) Each public high school in the state is encouraged to administer to each student, except as provided in subsection (2), at least once during a student's high school career, a United States civics test administered by the United States citizenship and immigration services to persons seeking to be naturalized citizens.

(2) A public high school may provide each student with the opportunity to take the test as many times as necessary for the student to pass the test. A student who has an individualized education program under which the civics test is determined to be an inappropriate requirement for the student may not be required to take the civics test.

(3) A student passes the civics test if the student correctly answers at least 70% of the questions.

(4) The superintendent of public instruction is encouraged to annually publish a list of high schools in the state whose seniors receiving a regular diploma, except for those exempted from taking the test under subsection (2), all pass the United States civics test under subsection (1) and recognize these schools as United States civics all-star schools for that school year.
Mont. Code Ann. § 20-25-424 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-424
20-25-424 Receipt of funds
Status: in_force

20-25-424 . Receipt of funds. (1) The treasurer of Montana state university-Bozeman may receive the cash appropriation received from the United States by authority of the act of congress of August 30, 1890, known as the second Morrill Act and the act of congress of March 4, 1907, known as the Nelson Amendment, to be expended under the general supervision of the regents only for the purpose for which it was appropriated by congress.

(2) On or before December 1 of each year, the state university shall make detailed reports of the amounts received and disbursed under the provisions of the acts of congress of August 30, 1890, March 16, 1906, and March 4, 1907, to the secretaries of agriculture and interior of the United States, as required by the acts of congress.
Mont. Code Ann. § 20-5-109 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-109
20-5-109 Nonpublic and home school requirements for compulsory enrollment exemption
Status: in_force

20-5-109 . Nonpublic and home school requirements for compulsory enrollment exemption. (1) To qualify its students for exemption from compulsory enrollment under 20-5-102 , a nonpublic school:

(a) shall maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request;

(b) shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302 ;

(c) must be housed in a building that complies with applicable local health and safety regulations; and

(d) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111 .

(2) To qualify its students for exemption from compulsory enrollment under 20-5-102 , a home school:

(a) shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school;

(b) shall maintain records on pupil attendance and make the records available to the county superintendent on request;

(c) shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302 ; and

(d) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111 .
Mont. Code Ann. § 20-9-331 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-331
20-9-331 Basic county tax for elementary equalization and other revenue for county equalization of elementary BASE funding program
Status: in_force

20-9-331 . Basic county tax for elementary equalization and other revenue for county equalization of elementary BASE funding program. (1) The county commissioners of each county shall levy an annual basic county tax of 33 mills on the dollar of the taxable value of all taxable property within the county, except for property subject to a tax or fee under 61-3-321 (2) or (3), 61-3-529 , 61-3-537 , 61-3-562 , 61-3-570 , and 67-3-204 , for the purposes of elementary equalization and state BASE funding program support. The revenue collected from this levy must be apportioned to the support of the elementary BASE funding programs of the school districts in the county and to the school equalization and property tax reduction account established in 20-9-336 in the following manner:

(a) In order to determine the amount of revenue raised by this levy that is retained by the county, the sum of the estimated revenue identified in subsection (2) must be subtracted from the total of the BASE funding programs of all elementary districts of the county.

(b) If the basic levy and other revenue prescribed by this section produce more revenue than is required to repay a state advance for county equalization, the county treasurer shall remit the surplus funds to the department of revenue, as provided in 15-1-504 , for deposit to the school equalization and property tax reduction account established in 20-9-336 immediately on occurrence of a surplus balance and each subsequent month, with any final remittance due no later than June 20 of the fiscal year for which the levy has been set.

(2) (a) The revenue realized from the county's portion of the levy prescribed by this section and the revenue from the following sources must be deposited in the school equalization and property tax reduction account established in 20-9-336 and be used for the equalization of the elementary BASE funding program of the county as prescribed in 20-9-335 :

(i) the portion of the federal Taylor Grazing Act funds designated for the elementary county equalization fund under the provisions of 17-3-222 ;

(ii) the portion of the federal flood control act funds distributed to a county and designated for expenditure for the benefit of the county common schools under the provisions of 17-3-232 ;

(iii) all money paid into the county treasury as a result of fines for violations of law under the provisions of 20-9-332 , except money paid to a justice's court, and the use of which is not otherwise specified by law;

(iv) any money remaining at the end of the immediately preceding school fiscal year in the county treasurer's accounts for the various sources of revenue established or referred to in this section;

(v) any federal or state money distributed to the county as payment in lieu of property taxation, including federal forest reserve funds allocated under the provisions of 17-3-213 ; and

(vi) gross proceeds taxes from coal under 15-23-703 .

(b) In accordance with 20-9-212 (1), the county treasurer shall keep a separate accounting of the revenue provided for in subsection (2)(a).
Mont. Code Ann. § 20-9-370 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-370
20-9-370 Definitions
Status: in_force

20-9-370 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "School facility entitlement" means:

(a) $300 per ANB for an elementary school district;

(b) $450 per ANB for a high school district; or

(c) $370 per ANB for an approved and accredited junior high school or middle school.

(2) "State advance for school facilities" is the amount of state equalization aid distributed to an eligible district to pay the debt service obligation for a bond in the first school fiscal year in which a debt service payment is due for the bond.

(3) "State reimbursement for school facilities" means the amount of state equalization aid distributed to a district that:

(a) has a district mill value per ANB that is less than the corresponding facility guaranteed mill value per ANB; and

(b) has a debt service obligation in the ensuing school year on bonds.

(4) "Total school facility entitlement" means the school facility entitlement times the total ANB for the district.
Mont. Code Ann. § 20-9-225 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-225
20-9-225 Definitions relating to interest assessment
Status: in_force

20-9-225 . Definitions relating to interest assessment. As used in 20-9-226 and 20-9-227 , the following definitions apply:

(1) "Services" means the furnishing of labor, time, or effort, including construction services, purchased or contracted for by a school district.

(2) "Supplies" means all personal property purchased, leased, or contracted for by a school district, including leases of equipment. The term also includes leases of buildings or other real property by a school district.
Mont. Code Ann. § 20-7-321 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-321
20-7-321 Acceptance of acts of congress for vocational education
Status: in_force

20-7-321 . Acceptance of acts of congress for vocational education. The state of Montana hereby reaffirms the acceptance of and assents to the terms and provisions of the act of congress entitled the "Vocational Education Act of 1963" and the "Vocational Education Amendments of 1968" and further hereby accepts and assents to the terms and provisions of all acts of the congress amendatory of the "Vocational Education Act of 1963" and to the terms and provisions of all other acts of congress which provide funds for the benefit of vocational education in Montana.
Mont. Code Ann. § 20-7-329 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-329
20-7-329 Eligible agency for federal vocational education requirements
Status: in_force

20-7-329 . Eligible agency for federal vocational education requirements. (1) The board of regents is the eligible agency for purposes of the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, which requires a state participating in programs under that act to designate a state board as the eligible agency responsible for administration or supervision of those programs.

(2) The board of regents shall contract with the superintendent of public instruction for the administration and supervision of K-12 career and technical education programs, services, and activities allowed by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, and in concert with the state plan for career and technical education required by the act. The board of regents may contract with other agencies for the administration and supervision of technical education programs, services, and activities that receive funding allowed by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended.
Mont. Code Ann. § 20-5-412 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-412
20-5-412 Definition -- parent-designated adult -- administration of glucagon -- training
Status: in_force

20-5-412 . Definition -- parent-designated adult -- administration of glucagon -- training. (1) As used in 20-5-413 and this section, "parent-designated adult" means a school district employee, selected by a parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian of a diabetic student, who voluntarily agrees to administer glucagon to the student.

(2) A parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian of a diabetic student may designate an adult to administer glucagon to the student as provided in subsection (3). Written proof of the designation by a parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian and acceptance of the designation by the parent-designated adult must be filed with the school district.

(3) A parent-designated adult may administer glucagon to a diabetic student in an emergency situation. The glucagon must be provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian of the student.

(4) A parent-designated adult must be trained in recognizing hypoglycemia and the proper method of administering glucagon. Training must be provided by a health care professional, as defined in 33-36-103 , or a recognized expert in diabetic care selected by the parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503 , an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502 , or a guardian. Written documentation of the training received by the parent-designated adult must be filed with the school district.
Mont. Code Ann. § 20-7-422 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-422
20-7-422 Out-of-state placement of child with disability -- payment of costs
Status: in_force

20-7-422 . Out-of-state placement of child with disability -- payment of costs. (1) In accordance with a placement made by persons determining an individualized education program for a child with a disability, the trustees of a district may arrange for the attendance of the child in a special education program offered outside of the state of Montana.

(2) Except as provided in subsection (3), when the persons determining the individualized education program of a child with a disability who is in need of special education recommend placement in an out-of-state private residential facility, the trustees of the district of residence shall negotiate the amount and manner of payment of all costs associated with the placement.

(3) Whenever a child with a disability who is in need of special education and related services is placed by a state agency in an out-of-state residential facility, the state agency making the placement shall pay the education costs resulting from the placement.

(4) The state agency shall place the child with a disability in a facility that will provide the child with a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
Mont. Code Ann. § 20-1-207 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-207
20-1-207 Penalty for violation of school laws
Status: in_force

20-1-207 . Penalty for violation of school laws. Unless otherwise specifically provided by law, any person who violates any provision of this title is guilty of a misdemeanor and if convicted by a court of competent jurisdiction shall be punished by a fine of not less than $20 or more than $200 or by imprisonment in the county jail for not less than 5 days or more than 30 days or by both such fine and imprisonment.
Mont. Code Ann. § 20-9-406 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-406
20-9-406 Limitations on amount of bond issue -- definition of federal impact aid basic support payment -- oil and natural gas payment
Status: in_force

20-9-406 . Limitations on amount of bond issue -- definition of federal impact aid basic support payment -- oil and natural gas payment. (1) (a) Except as provided in subsection (1)(c), the maximum amount for which an elementary district or a high school district may become indebted by the issuance of general obligation bonds, including all indebtedness represented by outstanding general obligation bonds of previous issues, registered warrants, outstanding obligations under 20-9-471 , oil and natural gas revenue bonds to which a deficiency tax levy is pledged, and any other loans or notes payable that are held as general obligations of the district, is 100% of the taxable value of the property subject to taxation, as ascertained by the last assessment for state, county, and school taxes previous to the incurring of the indebtedness.

(b) Except as provided in subsection (1)(c), the maximum amount for which a K-12 school district, as formed pursuant to 20-6-701 , may become indebted by the issuance of general obligation bonds, including all indebtedness represented by outstanding general obligation bonds of previous issues, registered warrants, outstanding obligations under 20-9-471 , oil and natural gas revenue bonds to which a deficiency tax levy is pledged, and any other loans or notes payable that are held as general obligations of the district, regardless of whether the general obligation bonds finance elementary program improvements or high school program improvements, is the sum of 100% of the taxable value of the property in its elementary program subject to taxation and 100% of the taxable value of the property in its high school program subject to taxation, as ascertained by the last assessment for state, county, and school taxes previous to the incurring of the indebtedness.

(c) (i) Unless the maximum amount calculated under subsection (1)(a) yields a greater amount, the maximum amount for which an elementary district or a high school district with a district mill value per elementary ANB or per high school ANB that is less than the facility guaranteed mill value per elementary ANB or high school ANB under 20-9-366 may become indebted by the issuance of general obligation bonds, including all indebtedness represented by outstanding general obligation bonds of previous issues, registered warrants, outstanding obligations under 20-9-471 , oil and natural gas revenue bonds to which a deficiency tax levy is pledged, and any other loans or notes payable that are held as general obligations of the district, is the corresponding facility guaranteed mill value per ANB times 1,000 times the ANB of the district. For a K-12 district, unless the maximum amount calculated under subsection (1)(b) yields a greater amount, the maximum amount for which the district may become indebted is the sum of the facility guaranteed mill value per elementary ANB times 1,000 times the elementary ANB of the district and the facility guaranteed mill value per high school ANB times 1,000 times the high school ANB of the district. For the purpose of calculating ANB under this subsection, a district may use the greater of the current year ANB or the 3-year ANB calculated under 20-9-311 .

(ii) If mutually agreed upon by the affected districts, for the purpose of calculating its maximum bonded indebtedness under this subsection (1)(c), a district may include the ANB of the district plus the number of students residing within the district for which the district or county pays tuition for attendance at a school in an adjacent district. The receiving district may not use out-of-district ANB for the purpose of calculating its maximum indebtedness if the out-of-district ANB has been included in the ANB of the sending district pursuant to the mutual agreement. For the purpose of calculating ANB under this subsection, a district may use the greater of the current year ANB or the 3-year ANB calculated under 20-9-311 .

(2) The maximum amounts determined in subsection (1) do not pertain to indebtedness imposed by special improvement district obligations or assessments against the school district or to general obligation bonds issued for the repayment of tax protests lost by the district. All general obligation bonds issued in excess of the amount are void, except as provided in this section.

(3) The maximum amount of impact aid revenue bonds that an elementary district, high school district, or K-12 school district may issue may not exceed a total aggregate amount equal to three times the average of the school district's annual federal impact aid basic support payments for the 5 years immediately preceding the issuance of the bonds. However, at the time of issuance of the bonds, the average annual payment of principal of and interest on the impact aid bonds each year may not exceed 35% of the total federal impact aid basic support payments of the school district for the current year.

(4) The maximum amount of oil and natural gas revenue bonds that an elementary district, high school district, or K-12 school district may issue may not exceed a total aggregate amount equal to three times the average of the school district's annual oil and natural gas production taxes received pursuant to 15-36-331 , 15-36-332 , and 20-9-310 for the 2 fiscal years immediately preceding the issuance of the bonds. At the time of the issuance of the bonds, the average annual payment of principal of and interest on the oil and natural gas revenue bonds each year may not exceed 35% of the total oil and natural gas production taxes received by the school district under the limitations in 20-9-310 for the immediately preceding fiscal year. If the oil and natural gas revenue bonds are also secured by a deficiency tax levy as provided in 20-9-437 , the debt limitation provided in subsection (1) of this section applies to the bonds.

(5) When the total indebtedness of a school district has reached the limitations prescribed in this section, the school district may pay all reasonable and necessary expenses of the school district on a cash basis in accordance with the financial administration provisions of this chapter.

(6) Whenever bonds are issued for the purpose of refunding bonds, any money to the credit of the debt service fund for the payment of the bonds to be refunded is applied toward the payment of the bonds and the refunding bond issue is decreased accordingly.

(7) As used in this part, "federal impact aid basic support payment" means the annual impact aid revenue received by a district under 20 U.S.C. 7703(b) but excludes revenue received for impact aid special education under 20 U.S.C. 7703(d) and impact aid construction under 20 U.S.C. 7707.
Mont. Code Ann. § 20-25-1502 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1502
20-25-1502 Protected expressive activities
Status: in_force

20-25-1502 . Protected expressive activities. Expressive activity protected under the provisions of this part includes but is not limited to any lawful oral, written, audiovisual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches, guest speakers, distribution of printed materials, carrying signs, and circulating petitions.
Mont. Code Ann. § 20-6-414 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-414
20-6-414 Cash disposition when districts reorganize
Status: in_force

20-6-414 . Cash disposition when districts reorganize. Whenever two or more districts are reorganized without the mutual assumption of bonded indebtedness, all cash and debts, other than cash credited to the debt service fund and debts for bonded indebtedness, must be credited or debited to the same types of funds of the newly formed district as the funds from which they were transferred by the county treasurer. In addition, when two or more districts are reorganized with the mutual assumption of bonded indebtedness, the cash credited to the debt service fund and the bonded indebtedness also must be transferred to a similar fund of the newly formed district.
Mont. Code Ann. § 20-15-309 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-309
20-15-309 Biennial budgeting
Status: in_force

20-15-309 . Biennial budgeting. The board of trustees of a community college district shall submit enrollment projections and other data necessary for calculating the state appropriation under 20-15-310 to the board of regents by August 1 immediately preceding each regular legislative session. By the following September 1, the board of regents shall submit its proposal for funding the community colleges to the budget director, the legislative fiscal analyst, and to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 20-7-104 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-104
20-7-104 Transparency and public availability of public school performance data -- reporting -- availability for timely use to improve instruction
Status: in_force

20-7-104 . Transparency and public availability of public school performance data -- reporting -- availability for timely use to improve instruction. (1) The office of public instruction shall establish, maintain, and continually improve a statewide K-12 data system that, at a minimum:

(a) includes data entry and intuitive reporting options that school districts can use to make timely decisions that improve instruction and impact student performance while creating a collaborative environment for parents, teachers, and students to work together in improving student performance. Options that the office of public instruction shall incorporate and make available for each school district must include data linkages to provide for automated conversion of data from systems already in use by school districts or by the office of public instruction that allow districts to collect, manage, and present local classroom assessment scores, grades, attendance, and other data to assist in instructional intervention alongside the existing school accountability and statewide student achievement results. The office of public instruction shall ensure that the design of the system is enhanced to prioritize collaborative support of each student's needs by classroom educators, administrators, and parents.

(b) eliminates redundant data collections and siloed data systems and facilitates data sharing among the various divisions within the office of public instruction;

(c) facilitates matching of student-level K-12 data with higher education and workforce data; and

(d) protects each student's education records in compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as amended, and its implementing regulations at 34 CFR, part 99 and any applicable state laws exceeding those requirements.

(2) The superintendent of public instruction shall make available on the office of public instruction's website an educational profile for each school district. A school district's educational profile must include, at a minimum, the following elements:

(a) school district contact information and links to district websites, when available;

(b) testing results from statewide assessments required by the board of public education;

(c) accountability metrics required by federal law, including, if applicable, district and school-level report cards;

(d) student enrollment and demographics by grade level; and

(e) graduation rates.

(3) Each school district shall annually report to the office of public instruction in a manner prescribed by the superintendent of public instruction the following district data for the preceding school year:

(a) the number and type of employee positions, including administrators;

(b) for the current employee in each position:

(i) the total amount of compensation paid to the employee by the district. The total amount of compensation includes but is not limited to the employee's base wage or salary, overtime pay, and other income from school-sanctioned extracurricular activities, including coaching and similar activities.

(ii) the certification held by and required of the employee;

(c) the student-teacher ratio by grade;

(d) (i) the amount, by category, spent by the district for operation and maintenance, stated in total cost and cost per square foot; and

(ii) the amount of principal and interest paid on bonds;

(e) the total district expenditures per student;

(f) the total budget for all funds;

(g) the total number of students enrolled and the average daily attendance;

(h) the total amount spent by the district on extracurricular activities and the total number of students that participated in extracurricular activities; and

(i) the number of students that entered the 9th grade in the school district but did not graduate from a high school in that district and for which the school district did not receive a transfer request. For reporting purposes, the students identified under this subsection (3)(i) are considered to have dropped out of school.

(4) (a) Each school district shall post on the school district's internet website a copy of every working agreement the district has with any organized labor organization and the district's costs, if any, associated with employee union representation, collective bargaining, and union grievance procedures and litigation resulting from union employee grievances.

(b) If a school district does not have an internet website, the school district shall publish the information required under subsection (4)(a) in printed form and provide a copy of the information upon request at the cost incurred by the school district for printing only.

(5) The superintendent of public instruction shall continually work in consultation with the K-12 data task force provided for in 20-7-105 to analyze the best options for a statewide K-12 data system meeting the requirements of subsection (1). Emphasis must be placed on developing or purchasing and customizing a statewide data system that promotes and preserves community ownership and local control and that incorporates innovative technologies available in the marketplace that may be in use and that are successfully working in other states.

(6) In addition to the school district profiles under subsection (2), the superintendent of public instruction shall gather and make available on the office of public instruction's website longitudinal, actionable data in at least the following areas:

(a) demographic information;

(b) enrollment data, including average daily attendance;

(c) statewide assessment data;

(d) untested students;

(e) graduation and dropout data; and

(f) school finance data.

(7) In accordance with 20-7-136 through 20-7-138 and except as otherwise provided and explicitly directed in state law, the superintendent of public instruction may not share or restrict the sharing of student educational records beyond what is allowed or restricted under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as amended, and its implementing regulations at 34 CFR, part 99.
Mont. Code Ann. § 20-9-515 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-515
20-9-515 Litigation reserve fund
Status: in_force

20-9-515 . (Temporary) Litigation reserve fund. (1) The trustees of a school district may establish a litigation reserve fund only when litigation that is pending against the district could result in an award against the district.

(2) At the end of each school fiscal year, the trustees of a district may transfer money from the general fund, within the adopted budget, to establish the fund.

(3) Upon conclusion of litigation, the balance of the money in the fund reverts to the general fund and must be used to reduce the district's general fund BASE budget levy requirement computed pursuant to 20-9-141 .
Mont. Code Ann. § 20-25-1508 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1508
20-25-1508 Statute of limitations
Status: in_force

20-25-1508 . Statute of limitations. An action brought for a violation of this part must be commenced within 1 year after the day the cause of action accrues. For the purposes of this section, each date that a violation of this part persists or a policy that violates this part is in effect constitutes a continuing violation, and the statute of limitations is tolled until the violation ceases.
Mont. Code Ann. § 20-4-113 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-113
20-4-113 Access to criminal justice information
Status: in_force

20-4-113 . Access to criminal justice information. (1) Either the trustees of a school district or the superintendent of public instruction may apply to a district court pursuant to 44-5-302 to review confidential criminal justice information that is relevant to the investigation of grounds for suspension or revocation of a teacher, administrator, or specialist certificate under 20-4-110 .

(2) The district court shall provide the trustees or the superintendent of public instruction access to any confidential criminal justice information that is relevant to an investigation into possible grounds for suspension or revocation of a teacher, administrator, or specialist certificate. The court shall issue a protective order to protect the confidentiality of the information released.
Mont. Code Ann. § 20-7-308 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-308
20-7-308 State director of K-12 career and vocational/technical education -- duties
Status: in_force

20-7-308 . State director of K-12 career and vocational/technical education -- duties. There is a state director of K-12 career and vocational/technical education appointed by the superintendent of public instruction. The director shall:

(1) administer the K-12 career and vocational/technical education policies adopted by the superintendent of public instruction;

(2) prepare curriculum guides for adoption by the superintendent of public instruction;

(3) employ, with the confirmation of the superintendent of public instruction, professional staff consisting of individuals prepared in agriculture education, business and marketing education, family and consumer sciences education, and industrial technology education;

(4) report the status of K-12 career and vocational/technical education in the state of Montana when requested by the superintendent of public instruction;

(5) keep all K-12 career and vocational/technical education records in the director's office;

(6) provide K-12 career and vocational/technical education supervisory and consultative assistance to districts;

(7) prepare any necessary reports for the superintendent of public instruction or the legislature in accordance with 5-11-210 ; and

(8) perform any other duty assigned by the superintendent of public instruction.
Mont. Code Ann. § 20-9-705 — MT Code / Title 20 / Chapter 9 / Part 7 / Section 20-9-705
20-9-705 Joint interstate school agreements
Status: in_force

20-9-705 . Joint interstate school agreements. (1) The trustees of any district adjacent to another state may enter into a contract with a school district in such adjoining state to provide for the joint erection, operation, and maintenance of school facilities for both districts upon such terms and conditions as may be mutually agreed to by such districts and as are in accord with this section. Any such contract proposed for adoption by the trustees shall be in the form and contain only terms that may be prescribed by the superintendent of public instruction, and any such contract shall be approved by the superintendent of public instruction before it is considered by the electors of the district.

(2) Before any contract negotiated under the provisions of this section shall be executed, the trustees shall call an election under the provisions of 20-20-201 and submit to the qualified electors of the district the proposition that such contract be approved and that the trustees execute such contract. No agreement shall be valid until it has been approved at an election. The electors at the election shall be qualified to vote under the provisions of 20-20-301 , and the election shall be conducted under the school election provisions of this title. The ballot for the election shall be substantially in the following form:

PROPOSITION

SCHOOL DISTRICT NO. ...., .... COUNTY

Shall the trustees of this district be authorized and directed to execute the proposed contract with school district number .... of .... County, state of ...., for the purpose of (insert the purpose of such contract)?

☐ FOR execution of contract.

☐ AGAINST execution of contract.

(3) The trustees of any district executing a contract under this section shall have the power and authority to levy taxes and issue bonds for the purpose of erecting and maintaining the facilities authorized by this section. Furthermore, the facilities erected or maintained under this section may be located in either Montana or the adjoining state.
Mont. Code Ann. § 20-4-202 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-202
20-4-202 Teacher and specialist certification registration
Status: in_force

20-4-202 . Teacher and specialist certification registration. (1) Any person employed as a teacher, specialist, principal, or district superintendent shall register the person's certificate or the district shall register its emergency authorization of employment for a teacher with the county superintendent of the county in which the person is employed in order to validate the person's employment status and permit payment under the employment contract. If a teacher or specialist does not register the person's certificate with the county superintendent within 60 calendar days after the person begins to perform services, the person is not eligible to receive any further compensation under the contract of employment until the person has registered the certificate. After the schools of a district have been open for 60 calendar days in the current school fiscal year, the county superintendent shall notify each district of the county of each teacher or specialist who has registered a current valid certificate, and the district may not pay any teacher who has not registered the person's certificate until the county superintendent does notify the district of the registration.

(2) A teacher or specialist employed by a joint district shall register the person's certificate with the county superintendent of the county in which the person is working. A teacher or specialist employed by a special education cooperative shall register the person's certificate with the county superintendent of the county in which the special education cooperative is based.
Mont. Code Ann. § 20-2-401 — MT Code / Title 20 / Chapter 2 / Part 4 / Section 20-2-401
20-2-401 Definition
Status: in_force

20-2-401 . Definition. Unless the context requires otherwise, in this part "commission" means the commission on federal higher education programs provided for in 2-15-1515 .
Mont. Code Ann. § 20-15-106 — MT Code / Title 20 / Chapter 15 / Part 1 / Section 20-15-106
20-15-106 Retirement systems for employees, teachers, and administrators
Status: in_force

20-15-106 . Retirement systems for employees, teachers, and administrators. (1) Teachers and administrators of a community college district are subject to and eligible for the benefits of the Montana teachers' retirement system pursuant to the provisions of Title 19, chapter 20.

(2) The employees of a community college district not eligible for teachers' retirement system benefits are subject to and eligible for the benefits of the Montana public employees' retirement system pursuant to Title 19, chapters 2 and 3.
Mont. Code Ann. § 20-31-102 — MT Code / Title 20 / Chapter 31 / Part 1 / Section 20-31-102
20-31-102 Fire services training school -- creation -- supervision by board of regents
Status: in_force

20-31-102 . Fire services training school -- creation -- supervision by board of regents. There is a fire services training school. The fire services training school is allocated to the board of regents for purposes of planning and coordination. The budget request for the fire services training school shall be submitted through the board of regents. The general supervision of the school is vested in the board of regents.
Mont. Code Ann. § 20-1-604 — MT Code / Title 20 / Chapter 1 / Part 6 / Section 20-1-604
20-1-604 Student rights
Status: in_force

20-1-604 . Student rights. (1) An eligible student may not be denied admission or readmission to an educational institution on the basis of the student's membership in the reserve component of the United States armed forces or in the Montana national guard.

(2) If an eligible student is ordered to active duty while enrolled in one or more courses at an educational institution, the faculty shall, when consistent with accreditation requirements:

(a) assign a final passing grade in the course if, in the faculty's judgment, enough of the course requirements have been completed;

(b) assign an incomplete in the course and extend the period of time in which the student may complete course requirements; or

(c) allow the student to withdraw from the course and receive financial credit as provided in 20-1-605 .

(3) If an eligible student reenrolls in one or more courses at an educational institution within 12 months after returning from the active duty that interrupted the student's previous enrollment at the institution, the student must, to the extent possible, be readmitted with the same academic status that the student had when ordered to active duty, unless the student requests or agrees to admission with a different academic status.

(4) (a) If an eligible student misses an assignment, exam, midterm, or final because of inactive duty training or annual training while enrolled in one or more courses at an educational institution, the eligible student shall provide notice of the absence at least 5 business days ahead of time to the course faculty, unless a shorter notice period is required because of military necessity.

(b) If the eligible student provides notice pursuant to subsection (4)(a), the faculty shall, when consistent with accreditation requirements, give the eligible student at least 15 business days to make up the missed assignment, exam, midterm, or final, unless the educational institution certifies that a shorter make-up period is necessary to comply with federal financial aid requirements or graduation requirements.

(c) If an educational institution certifies a need for a shorter make-up period pursuant to subsection (4)(b), the make-up period may not be less than 5 business days.
Mont. Code Ann. § 20-9-116 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-116
20-9-116 Resolution of intent to increase nonvoted levy -- notice
Status: in_force

20-9-116 . (Temporary) Resolution of intent to increase nonvoted levy -- notice. (1) The trustees of a school district shall adopt a resolution no later than March 31 of each fiscal year and provide notice pursuant to subsection (2) whenever the trustees intend to impose an increase in a nonvoted levy in the ensuing school fiscal year for the purposes of funding any of the funds listed below:

(a) the tuition fund under 20-5-324 ;

(b) the adult education fund under 20-7-705 ;

(c) the transportation fund under 20-10-143 and 20-10-144 ;

(d) the bus depreciation reserve fund under 20-10-147 ; and

(e) the flexibility fund established in 20-9-543 for the purposes in 20-7-1602 .

(2) The trustees shall provide notice of intent to impose an increase in a nonvoted levy for the ensuing school fiscal year by:

(a) adopting a resolution of intent to impose an increase in a nonvoted levy that includes, at a minimum, the estimated number of increased or decreased mills to be imposed and the estimated increased or decreased revenue to be raised compared to nonvoted levies under subsections (1)(a) through (1)(e) imposed in the current school fiscal year and, based on the district's taxable valuation most recently certified by the department of revenue under 15-10-202 , the estimated impacts of the increase or decrease on homes valued at $100,000, $300,000, and $600,000; and

(b) publishing in a newspaper that will give notice to the largest number of people of the district as determined by the trustees and posting to the school district's website:

(i) the resolution under subsection (2)(a); and

(ii) the resolution under 20-9-502 (3)(a)(i) if adopted by the trustees. (Terminates June 30, 2026--sec. 4, Ch. 462, L. 2025.)
Mont. Code Ann. § 20-25-441 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-441
20-25-441 Lease of university of Montana-Missoula property for stadium authorized
Status: in_force

20-25-441 . Lease of university of Montana-Missoula property for stadium authorized. The board of regents may lease land or land and facilities to a private, nonprofit foundation organized to solicit, manage, and administer gift revenues on behalf of the university of Montana-Missoula for the purpose of renovation or construction by the foundation of a football stadium for the university of Montana-Missoula. The terms of the lease must be advantageous to the state and must include a guarantee that no commitment of funds to any portion of the initial construction, other than as approved in Senate Joint Resolution No. 14 of the 48th Legislature, is expressed or implied.
Mont. Code Ann. § 20-4-111 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-111
20-4-111 Emergency authorization of employment
Status: in_force

20-4-111 . Emergency authorization of employment. (1) A district may request from the superintendent of public instruction an emergency authorization of employment for a person who is not the holder of a valid Montana teacher or specialist certificate and a required endorsement as an instructor of pupils when the district cannot secure the services of a person holding a valid Montana certificate and a required endorsement. The person must have previously held a valid teacher or specialist certificate from Montana or another state or shall provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought as prescribed by the policies of the board of public education for and during an emergency. Emergency authorization of employment must indicate:

(a) the district to which the authorization is issued;

(b) the person whom the district is authorized to employ;

(c) the endorsement for elementary or secondary instruction and the specific subject fields for which authorization to employ the person is given; and

(d) the school fiscal year for which the emergency authorization of employment is given.

(2) Emergency authorization of employment of a person is valid for the school fiscal year identified on the authorization and may be renewed in accordance with the board of public education policies. A fee not to exceed $6 and, if no teacher or specialist certificate or emergency authorization of employment has ever been issued for the person, a filing fee of $6 must be paid for the issuance of an emergency authorization of employment. The superintendent of public instruction shall deposit the fees with the state treasurer to the credit of the general fund.

(3) Emergency authorization of employment of a person may be revoked for good cause in accordance with the provisions of 20-4-110 .
Mont. Code Ann. § 20-9-207 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-207
20-9-207 Documentation of expenditures
Status: in_force

20-9-207 . Documentation of expenditures. (1) The expenditure of district money, other than employee contract payments, may be authorized by the trustees when:

(a) payee-signed claims, in which the payee attests to the accuracy of the claim and that the payee has not received the claimed amount, have been issued to the district; or

(b) the payee has provided the district with an invoice or other document identifying the quantity and total cost per item included on the invoice.

(2) The intention of this section is to provide sufficient documentation for each expenditure of district money.
Mont. Code Ann. § 20-9-341 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-341
20-9-341 Definition of interest and income money
Status: in_force

20-9-341 . Definition of interest and income money. (1) Subject to deductions made under 77-1-109 , as used in this title, the term "interest and income money" means the total of the following revenue, as provided for by Article X, section 5, of the 1972 Montana constitution:

(a) 95% of the interest received from the investment of the public school fund;

(b) 95% of the interest received from the investment of any other school funds held in trust by the state board of land commissioners;

(c) 95% of the income received from the leasing of or sale of timber from state school lands; and

(d) 95% of any other income derived from any other covenant affecting the use of state school lands.

(2) The remaining 5% of the revenue described in subsections (1)(a) through (1)(d) must be annually credited to the public school fund after any deductions made under 77-1-109 .
Mont. Code Ann. § 20-7-470 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-470
20-7-470 Blind persons' literacy rights and education -- short title
Status: in_force

20-7-470 . Blind persons' literacy rights and education -- short title. Sections 20-7-470 through 20-7-475 may be cited as the "Blind Persons' Literacy Rights and Education Act".
Mont. Code Ann. § 20-9-802 — MT Code / Title 20 / Chapter 9 / Part 8 / Section 20-9-802
20-9-802 Definitions
Status: in_force

20-9-802 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Declaration of emergency" means a declaration by a board of trustees that an unforeseen emergency has occurred in the district.

(2) "Reasonable effort" means the rescheduling or extension of the school district's instructional calendar to make up at least 75% of the hours of pupil instruction lost due to an unforeseen emergency through any combination of the following:

(a) extending the school year beyond the last scheduled day;

(b) the use of scheduled vacation days in the district's adopted school calendar pursuant to 20-1-302 ;

(c) the conduct of pupil instruction on Saturdays as provided in 20-1-303 ; or

(d) extending instructional hours during the school day as provided in 20-1-302 .

(3) "School day" means the school day set by the trustees as provided in 20-1-302 .

(4) "Unforeseen emergency" means a fire, flood, explosion, storm, earthquake, riot, insurrection, community disaster, or act of God or a combination of the foregoing that acts as a principal cause for a school district's inability to conduct a portion of the minimum aggregate hours of instruction required by 20-1-301 .
Mont. Code Ann. § 20-10-110 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-110
20-10-110 School bus purchase -- contract -- bids
Status: in_force

20-10-110 . School bus purchase -- contract -- bids. When a district purchases a school bus, the trustees may purchase such school bus under an installment contract which will be completely executed within 3 years from the date of the purchase. The trustees also may purchase a school bus without advertising for bids under the provisions of 20-9-204 .
Mont. Code Ann. § 20-3-201 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-201
20-3-201 Election and qualifications -- part-time office allowed
Status: in_force

20-3-201 . Election and qualifications -- part-time office allowed. (1) A county superintendent must be elected in each county of the state unless a county manager form of government has been organized in the county. The county superintendent must be elected at the general election preceding the expiration of the term of office of the incumbent.

(2) Upon verification by the county clerk and recorder, a person is qualified to file for and assume the office of county superintendent who:

(a) is a qualified elector;

(b) holds a valid, current class 1 professional certificate, class 2 standard certificate, or class 3 administrative and supervisory certificate issued by the superintendent of public instruction; and

(c) has at least 3 years of successful teaching experience.

(3) (a) When the office of county superintendent of schools is consolidated with another county office within the county, the officeholder must have the qualifications listed in subsection (2) or shall, with the approval of the governing body, contract for the full performance of the duties required of a county superintendent in 20-3-207 and 20-3-210 with:

(i) another county superintendent, with the approval of the governing body of that county;

(ii) a former county superintendent; or

(iii) a person who:

(A) is a qualified elector;

(B) holds a valid administrative certificate as provided in 20-4-106 (1)(c);

(C) takes the oath of office in 20-1-202 ;

(D) is bonded in the manner provided for county officers in Title 2, chapter 9, part 7; and

(E) attends instructional training in the duties of a county superintendent as offered by the superintendent of public instruction.

(b) Whenever a governing body contracts with a person for performance of the duties required of a county superintendent under the provisions of subsection (3)(a)(iii), the contract must be for at least the duration of 1 school fiscal year.

(c) The superintendent of public instruction shall prescribe a contract form to be used.

(4) The board of county commissioners may establish the office of county superintendent as a part-time office under the provisions of 20-3-213 , and adjust the salary established in 7-4-2503 to make it commensurate with the reduction in hours. A part-time county superintendent shall perform all duties of that office that are required by law.
Mont. Code Ann. § 20-9-514 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-514
20-9-514 Impact aid fund
Status: in_force

20-9-514 . Impact aid fund. (1) The trustees of a district that receives federal funds under the provisions of impact aid, as provided in 20 U.S.C. 7701, et seq., shall establish an impact aid fund. Money received under the provisions of 20 U.S.C. 7701, et seq., must be deposited with the county treasurer to the credit of the impact aid fund.

(2) The expenditure of money from the impact aid fund must be made pursuant to 20 U.S.C. 7701, et seq. The impact aid fund must be administered pursuant to the financial administration provisions of this title for nonbudgeted funds.
Mont. Code Ann. § 20-3-368 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-368
20-3-368 Dissolution -- disqualification
Status: in_force

20-3-368 . Dissolution -- disqualification. (1) If, after being qualified by the state auditor, a district health insurance trust ceases to comply with the conditions under 20-3-366 (1) for more than 3 consecutive years, the trust shall immediately notify the state auditor and dissolve the trust no later than the end of the next full fiscal year after the date of notification. A district health insurance trust may also voluntarily dissolve.

(2) When dissolving pursuant to this section, the district health insurance trust shall wind up the affairs of the trust in the following order:

(a) impose any assessments on the districts of the trust that are calculated by the trust's retained actuary as necessary to pay all liabilities of the trust;

(b) pay all remaining claims, including incurred but not reported claims;

(c) pay all remaining liabilities of the trust;

(d) return any reserve balance remaining from the distribution of state funds to the trust under 20-3-369 (3) to the state of Montana, after adjustments under subsections (2)(a) through (2)(c), for deposit in the state general fund. The portion of the reserve balance attributable to the distribution of state funds referenced under this subsection (2)(d) must be determined by an actuarial reserve balance analysis conducted by an actuary chosen by the state auditor.

(e) distribute its remaining net assets, if any, proportionately to the districts of the trust pursuant to the contractual terms of coverage and membership in the trust. A district shall deposit funds distributed under this subsection (2)(e) in an internal service account and spend the funds in accordance with 20-3-330 or 20-3-331 .
Mont. Code Ann. § 20-15-203 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-203
20-15-203 Community college district organization election -- notice -- proposition statement
Status: in_force

20-15-203 . Community college district organization election -- notice -- proposition statement. (1) On a determination that a petition complies with the provisions of 20-15-202 , the board of county commissioners of each county in which the proposed community college district lies shall give notice of elections to be held within the boundaries of the proposed district for the purposes of:

(a) determining whether a community college district should be organized; and

(b) electing trustees as provided under the provisions of this part.

(2) The elections must be conducted in accordance with Title 13, chapter 1, part 5.

(3) At the election the proposition for organization must be in substantially the following form:

PROPOSITION

Shall there be organized within the area comprising the School Districts of..... (elementary or K-12 districts must be listed by county), State of Montana, a community college district for the offering of transfer, career and technical, and adult postsecondary education, to be known as the Community College District of....., Montana, under the provisions of the laws authorizing community college districts in Montana, as requested in the petition filed with the county election administrator on the..... day of....., 20...? The creation of a community college district may, with subsequent voter approval, result in the levying of property taxes to support:

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

(2) the repayment of bonds issued as authorized by law.

☐ FOR organization.

☐ AGAINST organization.
Mont. Code Ann. § 20-10-208 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-208
20-10-208 Terminated
Status: in_force

20-10-208 . Terminated. Sec. 4, Ch. 437, L. 2001.
Mont. Code Ann. § 20-6-322 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-322
20-6-322 Boundary adjustments in high school districts
Status: in_force

20-6-322 . Boundary adjustments in high school districts. The trustees of a high school district may, by resolution, request a change in the boundaries between their district and an adjacent district. If the trustees request a transfer by resolution, the territory proposed for transfer must conform to the provisions of 20-6-105 (1) and (2) and the resolution must include information outlined in 20-6-105 (3). The resolution must be addressed to the county superintendent of schools who, upon receiving the resolution, shall proceed to a hearing as provided in 20-6-105 (6).
Mont. Code Ann. § 20-9-376 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-376
20-9-376 Purpose of increased funding beyond inflation
Status: in_force

20-9-376 . Purpose of increased funding beyond inflation. The increases in state funding of BASE aid, as defined in 20-9-306 , that a school district uses to increase its previous year's adopted general fund budget by an amount in excess of the inflation calculated in compliance with 20-9-326 are for the purpose of assisting school districts in meeting costs of implementing the changes to the Administrative Rules of Montana adopted by the Montana board of public education during fiscal years 2012 and 2013 and to continue to enhance efforts at improving academic achievement for students enrolled in Montana's public schools.
Mont. Code Ann. § 20-7-404 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-404
20-7-404 Cooperation of state agencies
Status: in_force

20-7-404 . Cooperation of state agencies. (1) The department of public health and human services and the state school for the deaf and blind shall cooperate with the superintendent of public instruction in:

(a) assisting school districts in discovering children in need of special education; and

(b) carrying out the provisions of Title 52, chapter 2, part 9.

(2) This section may not be construed to interfere with the purpose and function of these state agencies.
Mont. Code Ann. § 20-25-804 — MT Code / Title 20 / Chapter 25 / Part 8 / Section 20-25-804
20-25-804 Form and contents of agreements
Status: in_force

20-25-804 . Form and contents of agreements. The authority conferred by 20-25-803 shall be exercised only pursuant to written agreement between an agency of this state having responsibility for or duties with respect to programs for assisting residents of this state to obtain higher education. Any such agreements shall include provisions for the payment of tuition and any other costs, and no such agreement shall be made which commits this state or any agency or officer thereof to any obligation for which funds have not been appropriated or otherwise made available in accordance with law.
Mont. Code Ann. § 20-15-209 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-209
20-15-209 Determination of approval or disapproval of proposition -- subsequent procedures if approved
Status: in_force

20-15-209 . Determination of approval or disapproval of proposition -- subsequent procedures if approved. (1) To carry, the proposal to organize the community college district must receive a majority of the total number of votes cast. The county election administrator shall determine whether the proposal has received the majority of the votes cast for each county within the proposed district and shall certify the results. Prior to the legislative session immediately following an affirmative community college district organization election:

(a) by August 15, the trustees-elect of the proposed community college district shall submit to the board of regents an analysis of the educational and workforce needs in the proposed community college district and planned course offerings to meet the needs; and

(b) by December 1, the regents shall provide a recommendation to the legislature based solely on an evaluation of the analysis in subsection (1)(a).

(2) Authority to approve a new community college district lies solely with the legislature. The legislature shall, by joint resolution at its next regular session, consider creation of the proposed community college district. If the legislature approves a new community college district, the board of county commissioners of each county in which the proposed community college district is located shall make an order declaring the community college district organized and cause a copy of the order to be recorded in the office of the county clerk and recorder in each county in which a portion of the new district is located. The board of county commissioners shall notify the board of regents of the district's organization.

(3) Within 30 days of the date of the organization order, the board of trustees of the community college district shall set a date and notice an organization meeting. The notification must designate a temporary presiding officer and secretary for the purposes of organization.
Mont. Code Ann. § 20-7-1403 — MT Code / Title 20 / Chapter 7 / Part 14 / Section 20-7-1403
20-7-1403 Definitions
Status: in_force

20-7-1403 . Definitions. As used in this part, the following definitions apply:

(1) "Eligible district" means a school district encompassing or adjacent to an Indian reservation or a school district that includes one or more schools with an Indian population of 10% or greater.

(2) "Immersion program" means a program of an eligible district in which:

(a) all participating students receive content area instruction in an Indian language at least 50% of the day;

(b) teachers are fully proficient in the languages they use for instruction; and

(c) the goal of the program is perpetuating cultural integrity and promoting bilingualism and biliteracy.

(3) "Indian language" means any of the languages of a federally recognized Indian tribe in Montana.
Mont. Code Ann. § 20-25-1301 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1301
20-25-1301 Purpose
Status: in_force

20-25-1301 . Purpose. The purpose of this part is to establish the structure by which the Montana university system may develop group benefits plans for employees of the Montana university system and their dependents and to clarify that the plan design and employee premium levels are not mandatory subjects for collective bargaining under Title 39, chapter 31.
Mont. Code Ann. § 20-10-107 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-107
20-10-107 Power of trustees
Status: in_force

20-10-107 . Power of trustees. The trustees of any district may:

(1) purchase or rent a school bus;

(2) purchase or rent a communication system or safety device for a school bus when the trustees authorize a communication system or safety device as standard equipment in a school bus because the bus is operated where weather and road conditions may constitute a hazard to the safety of the school pupil passengers;

(3) provide for the operation, maintenance, and insurance of a school bus or a communication system or safety device owned or rented by the district; or

(4) contract with a private party for the transportation of eligible transportees. The contract may not exceed the term of 5 years.
Mont. Code Ann. § 20-15-314 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-314
20-15-314 Tax levy for community college service region
Status: in_force

20-15-314 . Tax levy for community college service region. Subject to 15-10-420 , a governing body designating a community college service region as provided in 20-15-241 may levy a tax on all real and personal property within the region at a rate required to finance the services offered by a community college district for the region. The levy is in addition to any other levies allowed by law and is not subject to any statutory or charter limitations on levies other than 15-10-420 . The levy must be made at the same time and in the same manner as the general levy of the political subdivision designating the region is made, and the revenue generated must be collected at the same time and in the same manner. Within 30 days of collection, the appropriate revenue must be transmitted to the participating community college district.
Mont. Code Ann. § 20-4-102 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-102
20-4-102 Board of public education policies
Status: in_force

20-4-102 . Board of public education policies. To effect an orderly and uniform system of teacher and specialist certification, the board of public education shall, upon the recommendation of the superintendent of public instruction and in accordance with the provisions of this title, prescribe and adopt policies for the issuance of teacher or specialist certificates. Such policies shall provide for:

(1) reasonable training and experience requirements for teacher, specialist, supervisor, and administrative certificates and endorsements thereon as provided by the certification classification in 20-4-106 ;

(2) the renewal of teacher or specialist certificates based on the same conditions prescribed for the initial issuance of certificates;

(3) the conduct of hearings on teacher or specialist certification revocation, suspension, or denial;

(4) the issuance of emergency authorization to a district to employ a person who is not the holder of a valid teacher certificate as an instructor of pupils; and

(5) any other policy, not inconsistent with the law, which is necessary for the proper operation of a system of teacher and specialist certification.
Mont. Code Ann. § 20-25-253 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-253
20-25-253 Purpose of university of Montana-western
Status: in_force

20-25-253 . Purpose of university of Montana-western. The university of Montana-western has for its primary purpose the instruction and training of teachers for the public schools of Montana.
Mont. Code Ann. § 20-7-1704 — MT Code / Title 20 / Chapter 7 / Part 17 / Section 20-7-1704
20-7-1704 Use of Montana special needs equal opportunity education savings account -- allowable educational resources
Status: in_force

20-7-1704 . Use of Montana special needs equal opportunity education savings account -- allowable educational resources. (1) The superintendent of public instruction shall allow money deposited in the Montana special needs equal opportunity education savings account to be used to reimburse parents for the purchase of the following educational resources only for the benefit of the individual for whom the account was created:

(a) qualified school tuition, fees, textbooks, software, or other instructional materials or services;

(b) an educational program or course using electronic or offsite delivery methods, including but not limited to tutoring, distance learning programs, online programs, and technology delivered learning programs;

(c) curriculum, including supplemental materials necessary for the curriculum;

(d) tutoring;

(e) educational therapies or services, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies from licensed or certified practitioners or providers, including licensed or certified paraprofessionals or educational aides;

(f) state or nationally recognized assessment tests, advanced placement exams, entrance examinations at an eligible postsecondary institution, or other assessment instruments;

(g) services provided by a public school in the state, including individual classes and extracurricular activities;

(h) eligible postsecondary institution tuition, books, online courses, or other fees;

(i) no more than $50 annually in consumable education supplies, such as paper, pens, and markers;

(j) transportation required for another allowable educational service;

(k) fees paid to a cooperative educational program; and

(l) any other educational expense approved by the superintendent of public instruction.

(2) Account funds may not be refunded, rebated, or shared with a parent or participating student in any manner.

(3) A parent may pay for educational services or costs not covered by account funds.

(4) Nothing in this part may be construed to require that a qualified student must be enrolled, full-time or part-time, in either a private school or nonpublic online school.
Mont. Code Ann. § 20-10-103 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-103
20-10-103 School bus driver qualifications
Status: in_force

20-10-103 . School bus driver qualifications. A driver of a school bus is qualified to drive a school bus if the driver:

(1) is not less than 18 years of age;

(2) is of good moral character;

(3) (a) is the holder of a commercial driver's license to operate a school bus designed to carry more than 10 passengers; or

(b) is the holder of a Montana driver's license to operate a school bus designed to carry 10 or fewer passengers;

(4) has filed with the district a satisfactory medical examination report, on a form approved by the United States department of transportation, signed by any physician licensed in the United States or, if acceptable to an insurance carrier, any licensed physician;

(5) has completed a basic first aid course and holds a valid basic first aid certificate from an authorized instructor. The issuance of the certificate is governed by rules established by the superintendent of public instruction, provided that the rules may suspend this requirement for a reasonable period of time if there has been an inadequate opportunity for securing the basic first aid course and certificate.

(6) has complied with any other qualifications established by the board of public education; and

(7) has filed with the county superintendent a certificate from the trustees of the district for which the school bus is to be driven, certifying compliance with the driver qualifications enumerated in this section.
Mont. Code Ann. § 20-10-101 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-101
20-10-101 Definitions
Status: in_force

20-10-101 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Bus route" means a route approved by the board of trustees of a school district and by the county transportation committee.

(2) "Eligible transportee" means a public school pupil who:

(a) is 5 years of age or older and has not reached the age of 21 on or before September 10 of the current school year or who is a preschool child with a disability between the ages of 3 and 6;

(b) is a resident of the state of Montana;

(c) regardless of district and county boundaries:

(i) resides at least 3 miles, over the shortest practical route, from the nearest operating public elementary school or public high school, whichever the case may be; or

(ii) has transportation identified as a related service in an individualized education program as developed and implemented in accordance with the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and

(d) is considered to reside with a parent or guardian who maintains legal residence within the boundaries of the district furnishing the transportation regardless of where the eligible transportee actually lives when attending school.

(3) (a) "Individual transportation" means transportation by which a district is relieved of actually conveying a pupil.

(b) The term may include paying the parent or guardian for conveying the pupil, reimbursing the parent or guardian for the pupil's board and room, or providing supervised correspondence study or supervised home study.

(4) "Passenger seating position" means, as defined in 49 CFR 571.222, the space on a school bus allocated for one passenger.

(5) (a) "School bus" means, except as provided in subsection (5)(b), any motor vehicle that complies with the bus standards established by the board of public education as verified by the department of justice's semiannual inspection of school buses and the superintendent of public instruction and:

(i) is owned by a district or other public agency and operated for the transportation of pupils to or from school or owned by a carrier under contract with a district or public agency to provide transportation of pupils to or from school; or

(ii) is district-owned, is designed to carry 10 or fewer passengers, has an overall safety rating of five stars from the national highway traffic safety administration at the time of purchase, and is insured in accordance with minimum coverage requirements set forth in 20-10-109 .

(b) A school bus does not include a vehicle that is:

(i) privately owned and not operated for compensation under this title;

(ii) privately owned and operated for reimbursement under 20-10-142 ;

(iii) either district-owned or privately owned, designed to carry not more than nine passengers, and used to transport pupils to or from activity events or to transport pupils to their homes in case of illness or other emergency situations and that was purchased prior to July 1, 2017;

(iv) an over-the-road passenger coach used only to transport pupils to activity events; or

(v) a passenger vehicle as defined in 20-10-129 .

(6) "Transportation" means:

(a) a district's conveyance of a pupil by a school bus between the pupil's legal residence or an officially designated bus stop and the school designated by the trustees for the pupil's attendance; or

(b) individual transportation.

(7) "Transportation service area" means the geographic area of responsibility for school bus transportation for each district that operates a school bus transportation program.
Mont. Code Ann. § 20-7-501 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-501
20-7-501 Definitions
Status: in_force

20-7-501 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Teacher of traffic education" means an instructor approved by the superintendent of public instruction to teach traffic education.

(2) "Traffic education" means instruction in motor vehicle, bicycle, pedestrian, and school bus traffic laws or motorcycle laws, in the acceptance of personal responsibility on the public highways, in the causes and consequences of traffic accidents, and in the skills necessary for the safe operation of bicycles and motor vehicles or motorcycles. The instruction must be designed to improve public awareness of motor vehicle, pedestrian, and school bus safety with regard to protecting school-age children.

(3) "Traffic education account" means the state treasury account in the state special revenue fund for the deposit and disbursement of state traffic education revenue.

(4) "Traffic education course" means a course of traffic education that has been approved by the superintendent of public instruction.
Mont. Code Ann. § 20-7-113 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-113
20-7-113 Maintenance of curriculum guide file and publishing curriculum guides by superintendent of public instruction
Status: in_force

20-7-113 . Maintenance of curriculum guide file and publishing curriculum guides by superintendent of public instruction. The superintendent of public instruction shall collect and maintain a file of curriculum guides to be made available to districts for the use of schools in planning courses of instruction. The superintendent may prepare, publish, and distribute curriculum guides for the use of schools in planning courses of instruction. The superintendent may solicit the assistance of educators and other qualified persons in the preparation of curriculum guides.