Mont. Code Ann. § 20-6-701 — MT Code / Title 20 / Chapter 6 / Part 7 / Section 20-6-701
20-6-701 K-12 school districts required -- definition -- procedure for creation -- exception
Status: in_force

20-6-701 . K-12 school districts required -- definition -- procedure for creation -- exception. (1) Except as provided in subsection (4), each elementary district with the same district boundaries as a high school district shall attach to the high school district for the purpose of establishing a K-12 school district.

(2) For the purposes of this title, unless the context clearly indicates otherwise, "K-12 school district" means a high school district with an elementary district that has been attached to the high school district under the procedures provided in this section, with the high school district remaining an organized district under the provisions of 20-6-101 and other provisions of law and the elementary district becoming an inactive district under the provisions of 20-6-101 .

(3) The attachment of an elementary district to a high school district to form a K-12 school district must be conducted under the following procedure:

(a) The trustees of each district shall pass a resolution requesting the county superintendent to order an attachment involving their districts.

(b) When the county superintendent receives a resolution from each of the districts, the county superintendent shall, within 10 days after receipt of the last resolution, order the attachment of the elementary district to the high school district to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the order to the board of county commissioners, the trustees of the districts included in the attachment order, and the superintendent of public instruction.

(4) This section does not apply to a school district receiving federal impact aid funding, as provided in 20 U.S.C. 7701, et seq., if creation or continuation of a K-12 district has resulted in or will result in the loss of federal impact aid funding.
Mont. Code Ann. § 20-7-137 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-137
20-7-137 Definitions
Status: in_force

20-7-137 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the education and workforce data governing board established in 20-7-138 .

(2) "Contributing agencies" means the following state agencies that gather and maintain education and workforce data, serve on the board, and are subject to the policies developed by the board pursuant to 20-7-138 :

(a) the office of public instruction;

(b) the office of the commissioner of higher education; and

(c) the department of labor and industry.

(3) "Education data" means data collected or reported at the student level that is included in a student's educational record, including but not limited to:

(a) career and college readiness indicators;

(b) state and national assessment data;

(c) course-taking and completion data in elementary, secondary, and postsecondary education;

(d) elementary, secondary, and postsecondary grade point average data;

(e) 4-year, 5-year, and 6-year high school graduation rate data;

(f) first to second year retainment data;

(g) certificate, diploma, and degree attainment data;

(h) college enrollment course-taking, credit, and contact hour accumulation data;

(i) attendance and transferability data;

(j) special education data;

(k) remediation data; and

(l) demographics data.

(4) "Workforce data" means data related to an individual's workforce outcomes, including but not limited to, an individual's:

(a) labor and workforce training program participation and completion information data;

(b) wage information;

(c) unemployment claim eligibility information;

(d) employer information; and

(e) demographics data.
Mont. Code Ann. § 20-11-124 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-124
20-11-124 Funding of choice schools
Status: in_force

20-11-124 . Funding of choice schools. (1) It is the intent of the legislature that a choice school receive operational funding on a per-pupil basis that is equitable with the per-pupil funding within the general fund of a choice school student's resident school district.

(2) (a) A choice school student's enrollment must be included in the student's resident district enrollment counts for ANB purposes only. By March 1, prior to a choice school's first year of operation, the authorizer shall provide an estimate of a choice school's enrollment broken down by resident school districts to the superintendent of public instruction for review and possible adjustment. The ANB determined by the superintendent must be used for budgeting and BASE funding program purposes for the upcoming school year.

(b) A choice school must have a separate basic entitlement included in the general fund budget of the school district in which the choice school is physically located. The authorizer of the choice school shall determine the choice school's need for a basic entitlement and, not later than February 1, communicate to the superintendent of public instruction the percentage, not to exceed 80%, of the basic entitlement amount under 20-9-306 to be included in the located school district's general fund budget for the ensuing school fiscal year for the choice school.

(3) The county treasurer of the county in which a choice school is physically located shall establish a general fund and other necessary funds for the choice school separate from the funds of school districts of the county.

(4) (a) The superintendent of public instruction shall:

(i) reduce a resident school district's BASE aid payment in August through May by an amount equal to 10% of the student amount for the resident school district multiplied by the number of full-time equivalent resident students enrolled in a choice school that were included in the resident school district's general fund budget calculations; and

(ii) by the fifth day of each month from September through June of the school fiscal year, distribute to the county treasurer in which the choice school is located the amount determined under subsection (4)(a)(i) for deposit in the choice school's general fund.

(b) The superintendent of public instruction shall reduce the BASE aid payment of a school district in which a choice school is physically located by an amount equal to 10% of the choice school's basic entitlement amount pursuant to subsection (2)(b) in August through May and by the fifth day of each month from September through June of the school fiscal year and distribute the money to the county treasurer for deposit in the choice school's general fund.

(5) A choice school experiencing significant enrollment increases must receive additional funding in an equitable manner with that received by school districts under Title 20, chapter 9.

(6) (a) A choice school may not charge tuition and may charge only fees that may be imposed by traditional public schools in the state.

(b) The out-of-district attendance and tuition laws under Title 20, chapter 5, part 3, do not apply to a student enrolled in a choice school located outside the student's district of residence.

(7) A choice school may obligate the choice school to indebtedness and is solely responsible for those debts. A choice school is not responsible for any debt service obligations that exist in the school district in which the choice school is physically located.

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

(9) Money received by a choice school from any source and remaining in the choice school's accounts at the end of a budget year must remain in the choice school's accounts for use by the choice school in subsequent years.

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

(a) "Resident school district" means the school district in which a choice school student resides.

(b) "Student amount" means the sum of:

(i) the per-ANB rate for the total data-for-achievement payment rate under 20-9-306 ;

(ii) the per-ANB rate for the total Indian education for all payment rate under 20-9-306 ;

(iii) 140% of the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321 ; and

(iv) the applicable per-ANB maximum rate established in 20-9-306 for the choice school student multiplied by the ratio, rounded to the nearest 1/100 and not to exceed 1.00, of the resident school district's adopted general fund budget to its maximum general fund budget in the prior year.
Mont. Code Ann. § 20-7-703 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-703
20-7-703 Trustees' policies for adult education
Status: in_force

20-7-703 . Trustees' policies for adult education. The trustees shall adopt such policies as are necessary for the supervision and administration of adult education when a program is established in the district.
Mont. Code Ann. § 20-25-442 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-442
20-25-442 Stadium construction on leased land
Status: in_force

20-25-442 . Stadium construction on leased land. The construction of stadium facilities on land leased under 20-25-441 is not subject to the requirements of Title 18, chapter 2, except that:

(1) the department of administration shall execute the provisions of 18-2-103 (1)(a) and (1)(e);

(2) the provisions of Title 18, chapter 2, part 4, apply to all labor except donated labor; and

(3) such other provisions of law as may be required to protect the interests of the state of Montana.
Mont. Code Ann. § 20-9-443 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-443
20-9-443 Disposition of remaining debt service fund
Status: in_force

20-9-443 . Disposition of remaining debt service fund. (1) Except as provided in subsection (2), when all of the bonds, bond interest, and special improvement district obligations of a school district have been fully paid, all money remaining in the debt service fund for the school district and all money that may come into the debt service fund from the payment of the delinquent taxes must be transferred by the county treasurer to the building reserve levy fund, the technology acquisition and depreciation fund, or the general fund as designated by the school district if the subsequent use of the funds by the school district is limited to constructing, equipping, or enlarging school buildings or purchasing land needed for school purposes in the district.

(2) Any federal impact aid funding remaining in the debt service fund of a school district that has fully repaid the bonds and bond interest must revert to the district's impact aid fund established pursuant to 20-9-514 .
Mont. Code Ann. § 20-25-306 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-306
20-25-306 Designation of holidays by board of regents
Status: in_force

20-25-306 . Designation of holidays by board of regents. (1) The board of regents of higher education may designate the following business days as holidays for all employees of the university system in exchange for the same number of legal holidays enumerated in 1-1-216 :

(a) the Friday following Thanksgiving;

(b) the Monday before Christmas Day or New Year's Day if either holiday falls on Tuesday; and

(c) the Friday after Christmas Day or New Year's Day if either holiday falls on Thursday.

(2) A full-time employee who is scheduled for a day off on a day that is designated as a holiday under subsection (1) is entitled to receive another day off with pay during the same pay period of the designated holiday or as scheduled by the employee and the employee's supervisor in addition to the employee's regularly scheduled days off if the employee is in a pay status on the last regularly scheduled working day immediately before the holiday or on the first regularly scheduled working day immediately after the holiday. Part-time employees receive pay for the designated holiday on a prorated basis according to rules adopted by the department of administration or appropriate administrative officer under 2-18-604 .
Mont. Code Ann. § 20-9-501 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-501
20-9-501 Retirement costs and retirement fund
Status: in_force

20-9-501 . Retirement costs and retirement fund. (1) The trustees of a district or the management board of a cooperative employing personnel who are members of the teachers' retirement system or the public employees' retirement system, who are covered by unemployment insurance, or who are covered by any federal social security system requiring employer contributions shall establish a retirement fund for the purposes of budgeting and paying the employer's contributions to the systems as provided in subsection (2)(a). The district's or the cooperative's contribution for each employee who is a member of the teachers' retirement system must be calculated in accordance with Title 19, chapter 20, part 6. The district's or the cooperative's contribution for each employee who is a member of the public employees' retirement system must be calculated in accordance with 19-3-316 . The district's or the cooperative's contributions for each employee covered by any federal social security system must be paid in accordance with federal law and regulation. The district's or the cooperative's contribution for each employee who is covered by unemployment insurance must be paid in accordance with Title 39, chapter 51, part 11.

(2) (a) The district or the cooperative shall pay the employer's contributions to the retirement, federal social security, and unemployment insurance systems from the retirement fund for the following:

(i) a district employee whose salary and health-related benefits, if any health-related benefits are provided to the employee, are paid from state or local funding sources;

(ii) a cooperative employee whose salary and health-related benefits, if any health-related benefits are provided to the employee, are paid from the cooperative's interlocal cooperative fund if the fund is supported solely from districts' general funds and state special education allowable cost payments, pursuant to 20-9-321 , or are paid from the miscellaneous programs fund, provided for in 20-9-507 , from money received from the medicaid program, pursuant to 53-6-101 ;

(iii) a district employee whose salary and health-related benefits, if any health-related benefits are provided to the employee, are paid from the district's school food services fund provided for in 20-10-204 ; and

(iv) a district employee whose salary and health-related benefits, if any health-related benefits are provided to the employee, are paid from the district impact aid fund, pursuant to 20-9-514 .

(b) For an employee whose benefits are not paid from the retirement fund, the district or the cooperative shall pay the employer's contributions to the retirement, federal social security, and unemployment insurance systems from the funding source that pays the employee's salary.

(3) The trustees of a district required to make a contribution to a system referred to in subsection (1) shall include in the retirement fund of the final budget the estimated amount of the employer's contribution. After the final retirement fund budget has been adopted, the trustees shall pay the employer contributions to the systems in accordance with the financial administration provisions of this title.

(4) When the final retirement fund budget has been adopted, the county superintendent shall establish the levy requirement by:

(a) determining the sum of the money available to reduce the retirement fund levy requirement by adding:

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

(ii) oil and natural gas production taxes;

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

(iv) any fund balance available for reappropriation as determined by subtracting the amount of the end-of-the-year fund balance earmarked as the retirement fund operating reserve for the ensuing school fiscal year by the trustees from the end-of-the-year fund balance in the retirement fund. The retirement fund operating reserve may not be more than 20% of the final retirement fund budget for the ensuing school fiscal year and must be used for the purpose of paying retirement fund warrants issued by the district under the final retirement fund budget.

(v) any other revenue anticipated that may be realized in the retirement fund during the ensuing school fiscal year, excluding any guaranteed tax base aid;

(b) notwithstanding the provisions of subsection (9), subtracting the money available for reduction of the levy requirement, as determined in subsection (4)(a), from the budgeted amount for expenditures in the final retirement fund budget.

(5) The county superintendent shall:

(a) total the net retirement fund levy requirements separately for all elementary school districts, all high school districts, and all community college districts of the county, including any prorated joint district or special education cooperative agreement levy requirements; and

(b) report each levy requirement to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values as the respective county levy requirements for elementary district, high school district, and community college district retirement funds.

(6) The county commissioners shall fix and set the county levy or district levy in accordance with 20-9-142 .

(7) The net retirement fund levy requirement for a joint elementary district or a joint high school district must be prorated to each county in which a part of the district is located in the same proportion as the district ANB of the joint district is distributed by pupil residence in each county. The county superintendents of the counties affected shall jointly determine the net retirement fund levy requirement for each county as provided in 20-9-151 .

(8) The net retirement fund levy requirement for districts that are members of special education cooperative agreements must be prorated to each county in which the district is located in the same proportion as the special education cooperative budget is prorated to the member school districts. The county superintendents of the counties affected shall jointly determine the net retirement fund levy requirement for each county in the same manner as provided in 20-9-151 , and the county commissioners shall fix and levy the net retirement fund levy for each county in the same manner as provided in 20-9-152 .

(9) The county superintendent shall calculate the number of mills to be levied on the taxable property in the county to finance the retirement fund net levy requirement by dividing the amount determined in subsection (5)(a) by the sum of:

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

(b) the taxable valuation of the district divided by 1,000.

(10) The levy for a community college district may be applied only to property within the district.

(11) The county superintendent of each county shall submit a report of the revenue amounts used to establish the levy requirements for county school funds supporting elementary and high school district retirement obligations to the superintendent of public instruction on or before September 15. The report must be completed on forms supplied by the superintendent of public instruction.
Mont. Code Ann. § 20-5-207 — MT Code / Title 20 / Chapter 5 / Part 2 / Section 20-5-207
20-5-207 Short title
Status: in_force

20-5-207 . Short title. Sections 20-5-207 through 20-5-210 may be cited as the "Bully-Free Montana Act".
Mont. Code Ann. § 20-9-380 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-380
20-9-380 School facilities fund
Status: in_force

20-9-380 . School facilities fund. (1) There is a school facilities fund administered by the department of administration. Pursuant to 17-5-703 , a percentage of coal severance taxes received by the state must be deposited into this fund. Earnings not transferred to the school facility and technology account as provided in subsection (2) must be retained in the school facilities fund.

(2) The school facility and technology account established in 20-9-516 receives earnings from the school facilities fund as provided in 17-5-703 .
Mont. Code Ann. § 20-8-101 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-101
20-8-101 Montana school for deaf and blind -- state-supported special school
Status: in_force

20-8-101 . Montana school for deaf and blind -- state-supported special school. The school for the deaf and blind, located in the city of Great Falls, is known and designated as the Montana school for the deaf and blind and must be conducted as a separate and independent unit and special school of the state of Montana under the general supervision, direction, and control of the board of public education. However, the transfer of that school or any change in the name of the school or in the objects or purposes of the school may not be considered or construed to impair or work any forfeiture or alteration of any rights, grants, or property made to or acquired by that school or by the state for the use and benefit of that school.
Mont. Code Ann. § 20-5-322 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-322
20-5-322 Residency determination -- notification -- appeal for attendance agreement
Status: in_force

20-5-322 . Residency determination -- notification -- appeal for attendance agreement. (1) For the purposes of 20-5-320 through 20-5-324 , except as provided in 20-9-707 , a child's district of residence must be determined on the basis of the provisions of 1-1-215 .

(2) Within 10 days of the initial application for an agreement, the trustees of the district of attendance shall notify the parent or guardian of the child and the trustees of the district of residence involved in the out-of-district attendance agreement of the anticipated date for approval or disapproval of the agreement.

(3) Within 10 days of approval or disapproval of an out-of-district attendance agreement, the trustees of the district of attendance shall:

(a) provide copies of the approved or disapproved attendance agreement to the parent or guardian and to the child's district of residence. In the case of a disapproval, the trustees shall provide the specific allowable reason for the disapproval pursuant to 20-5-320 (2)(e) or 20-5-321 (4) and supporting documentation.

(b) for an approved agreement, provide a copy of the completed agreement to the county superintendent of schools of the county of residence and the county superintendent of schools of the county of attendance.

(4) If an out-of-district attendance agreement is disapproved or no action is taken, the parent or guardian may appeal the disapproval or lack of action to the county superintendent of the district of attendance and, subsequently, to the superintendent of public instruction under the provisions for the appeal of controversies pursuant to 20-3-107 and 20-3-210 .

(5) For purposes of payment under 20-5-324 (2), a nonresident student who becomes a resident by reaching 18 years of age during the school year may continue to have tuition paid on the student's behalf for the duration of the student's enrollment in the district for that school year.
Mont. Code Ann. § 20-7-1307 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1307
20-7-1307 Cause of action
Status: in_force

20-7-1307 . (Temporary) Cause of action. (1) A student who is deprived of an athletic opportunity or who suffers any direct or indirect harm as a result of a violation of 20-7-1305 through 20-7-1307 may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school or institution of higher education.

(2) A student who is subject to retaliation or other adverse action by a school, institution of higher education, or athletic association or organization as a result of reporting a violation of 20-7-1305 through 20-7-1307 to an employee or representative of the school, institution, or athletic association or organization or to any state or federal agency with oversight of schools or institutions of higher education in Montana may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.

(3) A school or institution of higher education that suffers any direct or indirect harm as a result of a violation of 20-7-1305 through 20-7-1307 may bring a cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization. (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
Mont. Code Ann. § 20-15-328 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-328
20-15-328 Adjustments based on actual weighted FTE -- special revenue account -- statutory appropriation -- annual transfer
Status: in_force

20-15-328 . Adjustments based on actual weighted FTE -- special revenue account -- statutory appropriation -- annual transfer. (1) There is a community college FTE adjustment account in the state special revenue fund provided for in 17-2-102 . The account is statutorily appropriated, as provided in 17-7-502 , to the commissioner of higher education for the purposes described in this section.

(2) Beginning at the end of fiscal year 2025, at the end of each fiscal year the commissioner of higher education, utilizing the FTE decrease funding factor and the FTE increase funding factor as appropriate, shall determine the fiscal impacts resulting from the weighted FTE projections on which that fiscal year's state appropriation to a community college was based, pursuant to 20-15-310 , and the fiscal impacts that would have resulted had the actual weighted FTE for that fiscal year been used to determine that fiscal year's state appropriation and shall determine any overpayment or underpayment to the community college for that fiscal year.

(3) At the end of each fiscal year, the commissioner shall calculate the underpayment or overpayment determined under subsection (2) and:

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

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

(4) (a) By August 1 each year, after overpayments have been received and underpayments have been made, any funds remaining in the account must be transferred into the general fund.

(b) If the amount of underpayments exceeds the amount of overpayments, the state treasurer shall transfer the difference of the payments from the general fund to this account for providing underpayments pursuant to subsection (3).
Mont. Code Ann. § 20-9-701 — MT Code / Title 20 / Chapter 9 / Part 7 / Section 20-9-701
20-9-701 Definitions of prime and cooperating agencies
Status: in_force

20-9-701 . Definitions of prime and cooperating agencies. For the purposes of an interlocal cooperative agreement, the prime agency shall be the district or other public agency vested with the financial administration of the interlocal cooperative agreement under the terms of such agreement and the cooperating agency shall be any district or public agency other than a prime agency who is a party to the contract creating the interlocal cooperative agreement.
Mont. Code Ann. § 20-9-164 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-164
20-9-164 Notice of budget amendment resolution
Status: in_force

20-9-164 . Notice of budget amendment resolution. A copy of the budget amendment resolution must be published one time in a newspaper that will give notice to the largest number of people of the district as determined by the trustees, and a copy of the resolution must be posted at each schoolhouse of the district. A copy of the budget amendment resolution must also be delivered to the county superintendent and to the county clerk as the clerk of the board of county commissioners of the county. The publication, posting, and delivery of the resolution must be done not less than 1 week before the day specified in the resolution for the consideration and adoption of a budget amendment.
Mont. Code Ann. § 20-3-203 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-203
20-3-203 Office costs and staff
Status: in_force

20-3-203 . Office costs and staff. (1) The board of county commissioners shall supply the county superintendent with suitable office space and office supplies. The county superintendent must be paid from the county general fund all necessary traveling expenses actually incurred in discharging duties, after the expenses have been audited by the board of county commissioners.

(2) Upon the county superintendent's recommendation of a candidate, the board of county commissioners may appoint the candidate to the position of chief deputy county superintendent. The commissioners also may appoint deputies and assistants for the county superintendent. The commissioners shall fix the salaries of the personnel prescribed by this section at 90% or less of the salary of the county superintendent.
Mont. Code Ann. § 20-15-326 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-326
20-15-326 Determination of available financing -- fixing and levying property taxation for emergency budget
Status: in_force

20-15-326 . Determination of available financing -- fixing and levying property taxation for emergency budget. (1) After the last day of the fiscal year for which an emergency budget has been adopted, the board of trustees shall determine the amount of the cash balance that is available to finance the emergency budget's outstanding warrants or registered warrants for each fund included on the emergency budget. The available amount of the cash balance of each fund must be determined by deducting from the county treasurer's yearend cash balance for the fund the outstanding warrants or registered warrants issued under the regularly adopted final budget for the fund and the cash reserve for the fund that the trustees have established, within the limitations of law, for the following fiscal year.

(2) The county treasurer shall prepare and deliver a statement on the financial cash status of each fund included on an emergency budget for a district that had an emergency budget during the preceding year to the board of county commissioners by the first Monday in August. The statement for each district emergency budget must include:

(a) the total amount of emergency warrants that are registered against each fund of the district; and

(b) the additional amount of money that is required to finance the registered warrants and interest on the warrants and that must be raised by a tax levy.

(3) For each fund of the emergency budget of each district requiring a tax levy as established by subsection (2)(b), the board of county commissioners shall at the time all other district and county taxes are fixed and levied, levy a tax on the taxable value of all taxable property of each applicable district that will raise sufficient financing to pay the amount established by the county treasurer.
Mont. Code Ann. § 20-3-323 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-323
20-3-323 District policy and record of acts
Status: in_force

20-3-323 . District policy and record of acts. (1) The trustees of each district shall prescribe and enforce policies for the government of the district. In order to provide a comprehensive system of governing the district, the trustees shall:

(a) adopt the policies required by this title;

(b) adopt policies to implement or administer the requirements of the general law, this title, the policies of the board of public education, and the rules of the superintendent of public instruction;

(c) adopt a grievance policy that provides for informal and formal resolutions of a complaint, informs a grievant about the grievance policy, provides a printed version of the grievance policy on request, and accepts for filing a formal complaint submitted within 30 days of the completion of an informal resolution; and

(d) adopt a student protection policy requiring that prior to the district allowing an individual, regardless of employment status with the district, unsupervised contact with students while in school, at a school-sponsored activity, or in transit to a school-sponsored activity:

(i) the individual has completed a fingerprint-based national criminal history background check pursuant to the educator licensure policies of the board of public education; or

(ii) (A) the individual has provided to the Montana department of justice information and material sufficient to obtain a fingerprint-based national criminal history background check; and

(B) the trustees, the superintendent of the district, or another individual designated by the trustees has reviewed the results of the background check.

(2) The trustees shall keep a full and permanent record of all adopted policies and all other acts of the trustees. Minutes of each regular and special board meeting shall include wording of motions, voting records of each trustee present, and all other pertinent information, including a detailed statement of all expenditures of money with the name of any person or business to whom payment is made and showing the service rendered or goods furnished. A written copy of the minutes shall be made available within 5 working days following the approval of the minutes by the board at a cost of no more than 15 cents a page to be paid by those who request such a copy. One free copy of the minutes shall be provided to the local press within 5 working days following the approval of the minutes by the board. The board shall approve the minutes of each special and regular meeting no later than 1 month following the meeting if it meets on a regular monthly basis. If a board does not regularly meet on a monthly basis, it shall approve the minutes of each special and regular meeting at the next regular or special meeting. The approval of the minutes of a prior meeting shall not occur more than 40 days after the meeting, except that no board shall be required to meet to approve the minutes of a meeting at which no substantive business was conducted.
Mont. Code Ann. § 20-6-609 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-609
20-6-609 Trustees' authority to acquire property by lease-purchase agreement
Status: in_force

20-6-609 . Trustees' authority to acquire property by lease-purchase agreement. The trustees of a district may acquire real and personal property by an agreement to lease for up to 7 years for personal property and for up to 15 years for real property with an option to purchase. The terms of the lease must comply with 20-6-625 . If real property is acquired, the trustees shall comply with 20-6-603 .
Mont. Code Ann. § 20-7-504 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-504
20-7-504 State traffic education account -- proceeds earmarked for account -- transmittal
Status: in_force

20-7-504 . State traffic education account -- proceeds earmarked for account -- transmittal. (1) There is a traffic education account in the treasury of the state of Montana.

(2) When a county is required to transmit fees directly to the department of revenue, the gross proceeds, including the portion of the fees to be credited to the traffic education account, must be transmitted to the department of revenue and the appropriate portion must be deposited in the traffic education account.
Mont. Code Ann. § 20-9-464 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-464
20-9-464 Statute of limitations -- action to test validity
Status: in_force

20-9-464 . Statute of limitations -- action to test validity. A bond of any issue may not be held invalid because of any defect or failure to comply with a statutory provision relating to the authorization, issuance, or sale of the bonds unless an action to contest the validity of the bonds is brought within 30 days after the date of the adoption of the resolution calling for the sale of bonds of the school district.
Mont. Code Ann. § 20-7-1602 — MT Code / Title 20 / Chapter 7 / Part 16 / Section 20-7-1602
20-7-1602 Incentives for creation of transformational learning programs
Status: in_force

20-7-1602 . (Temporary) Incentives for creation of transformational learning programs. (1) (a) A school district as defined in 20-6-101 that satisfies the conditions of subsection (2) and is qualified by the board of public education pursuant to subsection (4) is eligible for a 4-consecutive-year provision of the transitional funding and flexibilities in subsections (5) and (6).

(b) A school district may be qualified by the board of public education for no more than one 4-consecutive-year provision of transitional funding and flexibilities in any 8-year period.

(2) To qualify for the transitional funding and flexibilities in subsections (5) and (6), the board of trustees of a district shall submit an application that has been approved by motion of the board of trustees and signed by the presiding officer to the board of public education for approval of a transformational learning program on a form provided by the superintendent of public instruction. The school board's application must:

(a) identify the number of full-time equivalent educators meeting the criteria of 20-9-327 (3) who will participate in the district's transformational learning program, with full-time equivalence calculated and reported by the district based on the planned portion of each qualifying educator's full-time equivalent assignment that is dedicated to the district's transformational learning program;

(b) include the district's definition of proficiency within the meaning of the term as used in 20-9-311 (4)(d). The definition must be incorporated in the district's policies and must be used for purposes of determining content and course proficiency and other progress, promotion from grade to grade, grades, and graduation for pupils enrolled in the district's transformational learning program. The district must also describe the district's plans for the implementation of proficiency-based learning as defined in 20-7-1601 ; and

(c) include a strategic plan with appropriate planning horizons for implementation, measurable objectives to ensure accountability, and planned strategies to:

(i) develop a transformational learning plan for each participating pupil that honors individual interests, passions, strengths, needs, and culture and that is rooted in relationships with teachers, family, peers, and community members;

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

(iii) provide effective professional development to assist employees in transitioning to a transformational learning model; and

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

(3) The board of public education shall establish by rule the opening and closing dates for receipt of applications and annual reports.

(4) The board of public education shall:

(a) on an annual basis, qualify districts that submit an application meeting, in the determination of the board or the board's designee, the requirements of subsection (2) for the funding in subsection (5) and the flexibilities in subsection (6) until the annual appropriation is exhausted, after which further applications, including first-time applications and annual reports requesting an expansion of a previously approved plan, are to be deferred for consideration in a subsequent year, in the order of a lottery system draw, if and when additional funds become available for distribution. The lottery system shall assign every first-time application or request for expansion of a previously approved plan a number that will be placed into a lottery system draw that will be done by a third party. The applications will be assigned a position in the order in which the numbers are drawn. The drawing will continue until all districts are on the qualification list for the current year funding or deferred for consideration in a subsequent year.

(b) require each participating school district to submit an annual report demonstrating, in the determination of the board or the board's designee, continued qualification for funding under this section and including a report of progress toward measurable objectives under the school district's transformational learning plan. The school district shall include any decrease or requested increase in the number of participating full-time equivalent educators under subsection (2)(a) for adjustments to its funding. Any increase in funding based on requested increased levels of participation under subsection (2)(a) must be determined in the year in which the request for a funding increase is received and augmented with a lottery system among all first-time applications and annual reports requesting an expansion of a previously approved plan and must be contingent on the availability of funds within any appropriation of the legislature. An application deferred for consideration in a subsequent year due to lack of funding must be annually updated each year after more than 1 full fiscal year has passed from the date of original submission of the application in order for the application to retain its priority by original date received.

(c) report in accordance with 5-11-210 to the education interim committee on the progress made by districts as submitted in the annual report and strategic plan operating under approved and funded transformational learning plans.

(5) (a) For a period of 4 consecutive fiscal years following the fiscal year in which a district is qualified by the board of public education and contingent on satisfying the annual reporting requirements under subsection (4), the superintendent of public instruction shall provide a transformational learning aid payment to the district equivalent to 50% of the quality educator and qualified staff payment defined in 20-9-306 from the immediate prior fiscal year multiplied by the number of the district's full-time equivalent educators reported under subsection (2)(a) of this section.

(b) The payment under this subsection (5) must be distributed directly to the school district's flexibility fund established under 20-9-543 by October 1 of each year of funding by the superintendent of public instruction. The money must be expended by the district only for the purposes set forth in the district's approved transformational learning program and within 6 years of the first year of funding.

(c) A school district may not receive more than 25% of the total amount of payments made under this subsection (5).

(6) During each year that a school district remains qualified for funding under subsection (5), the district's trustees may:

(a) if the obligations of transparency set forth in 20-9-116 are met, levy an annual permissive property tax not to exceed 100% of any funds distributed to the district under subsection (5). Proceeds of the levy must be deposited in the district's flexibility fund established under 20-9-543 and must be expended by the district only for the purposes of the district's approved transformational learning plan.

(b) transfer state or local revenue from any budgeted or nonbudgeted fund, other than the debt service fund or retirement fund, to the district's flexibility fund.

(7) (a) Any funds transferred pursuant to subsection (6)(b) may be expended by the district solely for the purposes of implementing the district's approved transformational learning plan. Any transfers of funds are not considered expenditures to be applied against budget authority.

(b) Any transfers that are not expended for the purposes of implementing the district's approved transformational learning plan within 2 full school fiscal years after the funds are transferred must be transferred back to the originating fund from which the revenue was transferred.

(c) The intent of subsection (6)(b) and this subsection (7) is to increase the flexibility and efficiency of school districts without an increase in local taxes. In furtherance of this intent, if transfers of funds are made from any school district fund supported by a nonvoted levy, the district may not increase its nonvoted levy for the purpose of restoring the amount of funds transferred.

(8) The present law base calculated for K-12 local assistance under Title 17, chapter 7, part 1, must include transformational learning aid as defined in subsection (9).

(9) For the purposes of this title, the following definitions apply:

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

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

(ii) actively engages each pupil in determining what, how, when, and where each pupil learns.

(b) "Transformational learning aid" means 50% of the quality educator and qualified staff payment defined in 20-9-306 multiplied by 10% of the statewide number of full-time equivalent educators from the fiscal year immediately preceding the year to which distribution of transformational aid applies calculated as provided in 20-9-327 . (Terminates June 30, 2026--sec. 4, Ch. 462, L. 2025.)
Mont. Code Ann. § 20-7-1311 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1311
20-7-1311 Child sexual abuse awareness and prevention
Status: in_force

20-7-1311 . Child sexual abuse awareness and prevention. (1) The office of public instruction is encouraged to develop and maintain model school district policies and procedures for child sexual abuse awareness, prevention, response, and reporting.

(2) The office of public instruction shall make any model policies and procedures developed under subsection (1) available for voluntary adoption by school district trustees.

(3) Any model policies and procedures developed under subsection (1) may include the following topics:

(a) basic principles of child sexual abuse prevention;

(b) warning signs of a child who is being sexually abused;

(c) actions that a child who is a victim of sexual abuse may take to obtain assistance;

(d) counseling options;

(e) educational support available for a child who is a victim of sexual abuse to enable the child to develop the child's full educational potential; and

(f) response and reporting procedures.
Mont. Code Ann. § 20-1-304 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-304
20-1-304 Pupil-instruction-related day
Status: in_force

20-1-304 . Pupil-instruction-related day. A pupil-instruction-related day is a day of teacher activities devoted to improving the quality of instruction. The activities may include but are not limited to inservice training, attending state meetings of teacher organizations, and conducting parent conferences. A maximum of 7 pupil-instruction-related days may be conducted during a school year, with a minimum of 3 of the days for instructional and professional development meetings or other appropriate inservice training, if the days are planned in accordance with the policy adopted by the board of public education. The days may not be included as a part of the required minimum aggregate hours of pupil instruction.
Mont. Code Ann. § 20-25-1316 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1316
20-25-1316 Hold harmless
Status: in_force

20-25-1316 . Hold harmless. (1) If a covered person receives services from a non-Montana hospital-controlled out-of-network air ambulance service for an emergency medical condition, an insurer or health plan shall assume the covered person's responsibility, if any, for amounts charged in excess of allowed amounts for covered services and supplies, applicable copayments, coinsurance, and deductibles.

(2) An insurer or health plan that assumes a responsibility pursuant to subsection (1) shall notify the air ambulance service of that assumption no later than the date the insurer or health plan issues payment under subsection (4).

(3) If an air ambulance service receives notice pursuant to subsection (2), with the exception of amounts owed for applicable copayments, coinsurance, and deductibles, the air ambulance service may not:

(a) bill, collect, or attempt to collect from the covered person for the responsibility assumed under subsection (1);

(b) report to a consumer reporting agency that the covered person is delinquent on the responsibility assumed under subsection (1); or

(c) obtain a lien on the covered person's property in connection with the responsibility assumed under subsection (1).

(4) (a) An insurer or health plan is responsible for payment or denial of a claim within 30 days after receipt of a proof of loss, except as provided in 33-18-232 (1). Within the timeframe provided in this subsection (4)(a), the insurer or health plan shall notify the covered person of the amount of deductible, coinsurance, or copayment that is the covered person's responsibility to pay.

(b) The insurer or health plan responsible under subsection (1) shall make payment based on:

(i) the billed charges of the air ambulance service;

(ii) another amount negotiated with the air ambulance service; or

(iii) the median amount the insurer or health plan would pay to an in-network air ambulance service for the services performed.

(5) If after payment is made under subsection (4) the insurer or health plan and air ambulance service dispute whether any further payment obligation exists, the insurer or health plan and air ambulance service shall enter into the dispute resolution process set forth in 20-25-1318 through 20-25-1320 . After the independent dispute resolution process is exhausted, the aggrieved party may pursue any available remedies in a court of competent jurisdiction.

(6) For the purposes of this section:

(a) "emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, so that a person who possesses knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in:

(i) placing the health of the individual or, with respect to a pregnant woman, the health of the woman or her unborn child in serious jeopardy;

(ii) serious impairment to bodily functions; or

(iii) serious dysfunction of any bodily organ or part; and

(b) "insurer" means a health insurance issuer as defined in 33-22-140 and includes issuers of health insurance under Titles 2 and 20.

(7) Sections 20-25-1315 through 20-25-1320 do not apply if a covered person used an air ambulance membership subscription, as provided in 50-6-320 , for the services provided by the air ambulance service.
Mont. Code Ann. § 20-25-232 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-232
20-25-232 Income from sale of products -- disposition
Status: in_force

20-25-232 . Income from sale of products -- disposition. Any income received from the sale of agricultural products and services by the agricultural experiment station or by any of the agricultural substations shall be deposited in the state treasury and shall be used to defray the costs of operating the station and substations.
Mont. Code Ann. § 20-25-324 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-324
20-25-324 Firearms
Status: in_force

20-25-324 . Firearms. Security guards who have successfully completed the basic course in law enforcement conducted by the Montana law enforcement academy may carry firearms in accordance with policies established by the board of regents after consulting with the student body government at the unit of the university system affected by the regents' policy.
Mont. Code Ann. § 20-9-332 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-332
20-9-332 Fines and penalties proceeds for elementary county equalization
Status: in_force

20-9-332 . Fines and penalties proceeds for elementary county equalization. All fines and penalties collected under the provisions of this title, except those collected by a justice's court, must be paid into the elementary county equalization fund as provided by 20-9-331 (2)(a)(iii). In order to implement this section and any other provision of law requiring the deposit of fines in the elementary county equalization fund, a report must be made to the county superintendent of the county, at the close of each term, by the clerk of each district court, reporting all fines imposed and collected during the term and indicating the type of violation and the date of collection.
Mont. Code Ann. § 20-3-330 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-330
20-3-330 District self-funded health benefit plan reserve funds -- exception for dissolution of plan
Status: in_force

20-3-330 . District self-funded health benefit plan reserve funds -- exception for dissolution of plan. (1) Except as provided in subsection (2), the trustees of a school district with a self-insured health benefit plan holding reserve funds shall use these funds to pay claims and other liabilities of the district's health benefit plan.

(2) Upon dissolution of a district's self-insured health benefit plan, all remaining reserves must be maintained by the district under the provisions of 20-3-331 and must be used to pay for employee benefit costs as determined by a collective bargaining agreement or an employer policy or as required by applicable state or federal law.
Mont. Code Ann. § 20-25-226 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-226
20-25-226 Assents to acts of congress
Status: in_force

20-25-226 . Assents to acts of congress. (1) (a) The state of Montana assents to the provisions of an act of congress entitled "An Act to Provide for an Increased Annual Appropriation for Agricultural Experiment Stations and Regulating the Expenditure Thereof", approved March 16, 1906, and consents to receive the benefits of the act in the manner and for the purposes intended and provided in the act.

(b) The agricultural experiment station must be the beneficiary of the funds in the act and shall use the funds only for the purposes provided in the act.

(c) The treasurer of Montana state university-Bozeman may receive all money appropriated by the act, to be expended under the supervision of the regents in the manner designated in the act, and must receive and shall hold and account for the funds and make reports to the secretary of agriculture as required by the act.

(2) (a) The state accepts and assents to the terms and provisions of the act of congress approved May 8, 1914, entitled "An Act to Provide for Cooperative Agricultural Extension Work Between the Agricultural Colleges in the Several States Receiving the Benefits of an Act of Congress Approved July Second, Eighteen Hundred and Sixty-two, and of Acts Supplementary Thereto, and the United States Department of Agriculture".

(b) The president of Montana state university-Bozeman may enter into all necessary agreements with the secretary of agriculture of the United States for the receipt and expenditure of all money paid under the provisions of the act.

(c) The president may receive and expend the money in accordance with the provisions of the act and any agreements made pursuant to the act.
Mont. Code Ann. § 20-7-443 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-443
20-7-443 Financial assistance special education services for children under 6 years of age
Status: in_force

20-7-443 . Financial assistance special education services for children under 6 years of age. Any district providing special education services for children under 6 years of age is eligible for financial assistance in accordance with 20-7-431 and for transportation reimbursement in accordance with Title 20, chapters 7 and 10, and rules adopted by the superintendent of public instruction.
Mont. Code Ann. § 20-9-403 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-403
20-9-403 Bond issues for certain purposes
Status: in_force

20-9-403 . Bond issues for certain purposes. (1) The trustees of a school district may issue and negotiate general obligation bonds, oil and natural gas revenue bonds, or impact aid bonds of the school district for the purpose of:

(a) building, altering, repairing, buying, furnishing, equipping, purchasing lands for, or obtaining a water supply for a school, teacherage, dormitory, gymnasium, other building, or combination of buildings for school purposes;

(b) buying a school bus or buses;

(c) providing the necessary money to redeem matured bonds, maturing bonds, or coupons appurtenant to bonds when there is not sufficient money to redeem them;

(d) providing the necessary money to redeem optional or redeemable bonds when it is for the best interest of the school district to issue refunding bonds;

(e) funding a judgment against the district, including the repayment of tax protests lost by the district; or

(f) funding a debt service reserve account that may be required for oil and natural gas revenue bonds or impact aid revenue bonds.

(2) Money realized from the sale of bonds issued on the credit of a high school district may not be used for any of the purposes listed in subsection (1) in an elementary school district, and the money may be used for any of the purposes listed in subsection (1) for a junior high school but only to the extent that the 9th grade of the high school is served.

(3) If applicable, the trustees shall specify whether the bonds are qualified school construction bonds as described in 17-5-116 (1) or tax credit bonds as provided in 17-5-117 .
Mont. Code Ann. § 20-7-421 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-421
20-7-421 Arranging attendance in another district in lieu of a special education program -- tuition
Status: in_force

20-7-421 . Arranging attendance in another district in lieu of a special education program -- tuition. (1) In accordance with a placement decision made by persons determining an individualized education program for a child with a disability, the trustees may arrange for the attendance of a child in need of special education and related services in another district within the state of Montana.

(2) Financial obligations for tuition and transportation for a child with a disability attending a school district other than the child's resident school district are governed by Title 20, chapter 5, part 3.
Mont. Code Ann. § 20-6-631 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-631
20-6-631 When contracts for architectural services required
Status: in_force

20-6-631 . When contracts for architectural services required. Whenever the trustees of a school district determine that the building, furnishing, repairing, or other work for the benefit of a school district exceeds $150,000 and requires architectural services under Title 37, chapter 65, the trustees of the school district shall contract for those services.
Mont. Code Ann. § 20-7-903 — MT Code / Title 20 / Chapter 7 / Part 9 / Section 20-7-903
20-7-903 Programs to serve gifted and talented children -- compliance with board policy -- funding
Status: in_force

20-7-903 . Programs to serve gifted and talented children -- compliance with board policy -- funding. (1) The conduct of programs to serve gifted and talented children must comply with the policies recommended by the superintendent of public instruction and adopted by the board of public education.

(2) Proposals approved by the superintendent of public instruction in accordance with policies of the board of public education must be funded by money appropriated to the superintendent for that purpose.

(3) A school district shall match funds provided by the superintendent for a gifted and talented children's program with equal funds from other sources. "In kind" contributions may not be used to constitute such a match. Funds must be administered by the school district as provided in 20-9-507 .

(4) The superintendent of public instruction may deduct reasonable costs of administration from the funds appropriated for the purposes of this part.
Mont. Code Ann. § 20-9-325 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-325
20-9-325 Data-for-achievement payment
Status: in_force

20-9-325 . Data-for-achievement payment. (1) The state shall provide a data-for-achievement payment to public school districts as defined in 20-6-101 and 20-6-701 . The data-for-achievement payment is calculated as provided in 20-9-306 .

(2) Funds received for the data-for-achievement payment must be used by a school district to pay for access fees or other costs associated with use of or participation in the statewide data system administered by the office of public instruction or a comparable data system provided by a private vendor, including data entry and staff training on use of the systems.

(3) Unless funds are otherwise appropriated at higher amounts by the legislature, the office of public instruction may spend no more than $500,000 per biennium for the purposes of mediating with vendors, developing a plan, preparing a request for proposal solicitation package, managing the vendor contract, and implementing a plan with school districts for the statewide data system. This limitation does not apply if the office of public instruction develops and administers the statewide data system without a vendor.
Mont. Code Ann. § 20-9-621 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-621
20-9-621 Permanent fund
Status: in_force

20-9-621 . Permanent fund. (1) The public school fund provided for in Article X, section 2, of the Montana constitution consists of the permanent fund, which consists of the permanent corpus fund.

(2) The permanent fund must be invested for the purpose of generating future income for distribution to public elementary and secondary school districts as provided in Article X, section 5, of the Montana constitution.
Mont. Code Ann. § 20-9-421 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-421
20-9-421 Election to authorize the issuance of school district bonds and the methods of introduction
Status: in_force

20-9-421 . Election to authorize the issuance of school district bonds and the methods of introduction. A school district may not issue bonds for any purpose other than that provided in 15-1-402 , 20-9-412 , and 20-9-471 unless the issuance of bonds has been authorized by the qualified electors of the school district at an election called for the purpose of considering a proposition to issue the bonds. A school district bond election must be called by a resolution as prescribed under the provisions of 20-20-201 when:

(1) the trustees, of their own volition, adopt a resolution to that effect; or

(2) the trustees have received a petition that asks for an election to be held to consider a bond proposition and that has been validated under the provisions of 20-9-425 .
Mont. Code Ann. § 20-25-511 — MT Code / Title 20 / Chapter 25 / Part 5 / Section 20-25-511
20-25-511 Student's right of privacy -- legislative intent
Status: in_force

20-25-511 . Student's right of privacy -- legislative intent. It is the legislature's intent that an institution of the university system of Montana is obligated to respect a student's right of privacy. This obligation must be observed by establishing procedures to safeguard the institution's activities that are necessary to protect the health, safety, and privacy of a person's residence and the privacy of the person's records. Intrusions by peace officers and other officials exercising responsibility for law enforcement must be governed by standards and procedures no less stringent than those applicable to intrusions on private quarters outside the institutions. A student may not be subjected to discrimination by the use of covert records.
Mont. Code Ann. § 20-6-704 — MT Code / Title 20 / Chapter 6 / Part 7 / Section 20-6-704
20-6-704 Dissolution of K-12 school district
Status: in_force

20-6-704 . Dissolution of K-12 school district. (1) Except as provided in subsection (2), in order to dissolve a K-12 district under the provisions of this section, the trustees of a district shall submit for approval to the electors of the K-12 district a proposition dissolving the K-12 district for the purpose of annexing or reorganizing the K-12 district's elementary or high school program with a contiguous school district or districts in an ensuing school fiscal year under the provisions of 20-6-422 or 20-6-423 .

(2) If the trustees of the school district determine that the creation or continuation of the K-12 district has resulted in or will result in the loss of federal funding for the elementary or high school programs and that it is in the best interest of the district to dissolve into the original elementary district and high school district that existed prior to the formation of the K-12 district, the trustees may dissolve the district under the following procedure:

(a) The trustees of the district shall pass a resolution requesting the county superintendent to order a dissolution of the district.

(b) When the county superintendent receives the resolution from the district, the county superintendent shall, within 10 days, order the dissolution of the K-12 district into the original elementary district and high school district, to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the order to the board of county commissioners, the trustees of the district, and the superintendent of public instruction.

(3) If the entire territory of the dissolving K-12 district will be annexed to or reorganized with a contiguous district or districts, the resolution or petition required in subsection (1) or (2) must contain a description of the manner in which the real and personal property and funds of the district are to be apportioned in the dissolution of the district and the subsequent annexation to or reorganization with one or more other districts. If a portion of the dissolving K-12 district will not be annexed or reorganized with another district or districts, the resolution or petition must contain a description of the manner in which the property, funds, and financial obligations, including bonded indebtedness, of the K-12 district are to be apportioned to the district or districts whose territory is not annexed to or reorganized with another district.

(4) After the county superintendent receives the certificate of election provided for in 20-20-416 from the trustees of the K-12 district and from each district included in a reorganization proposition, the county superintendent shall determine whether the dissolution and annexation or reorganization proposition or propositions have been approved. If the K-12 district has approved the dissolution proposition and each district involved in a reorganization has approved the reorganization proposition, the county superintendent shall, within 10 days after the receipt of the election certificate, order the dissolution of the K-12 district into the original elementary district and high school district, to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the dissolution order to the board of county commissioners, the trustees of the district included in the dissolution order, and the superintendent of public instruction.

(5) Whenever a K-12 district is dissolved, the following provisions apply:

(a) The trustees of the district whose territory is not annexed or reorganized on dissolution of the K-12 district are responsible for the execution of remaining financial obligations of the K-12 district and for the apportionment between the elementary and high school programs of any obligations not identified in the resolution required under subsection (3).

(b) The provisions of 20-6-410 apply for tenure teachers in the dissolution of a K-12 district.

(c) For purposes of applying the budget limitation provisions of 20-9-308 , the budget of a K-12 district during its last year of operations as a K-12 district will be prorated based on rules promulgated by the superintendent of public instruction.
Mont. Code Ann. § 20-25-1315 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1315
20-25-1315 Legislative findings and purpose
Status: in_force

20-25-1315 . Legislative findings and purpose. (1) The legislature finds that:

(a) air ambulance services provide a necessary, and sometimes lifesaving, means of transporting Montanans experiencing health emergencies;

(b) Montanans desire adequate access to air ambulance services;

(c) in many cases the high charges assessed by out-of-network air ambulance services and limited insurer and health plan reimbursements have resulted in Montanans incurring excessive out-of-pocket expenses; and

(d) the federal Airline Deregulation Act preempts states from enacting any law related to a price, route, or service of an air carrier, which is interpreted as applying to air ambulance services.

(2) The purpose of 20-25-1315 through 20-25-1320 is to prevent Montanans from incurring excessive out-of-pocket expenses in out-of-network air ambulance situations in a manner that is not preempted by the Airline Deregulation Act.
Mont. Code Ann. § 20-4-601 — MT Code / Title 20 / Chapter 4 / Part 6 / Section 20-4-601
20-4-601 Grow your own grant program -- administration
Status: in_force

20-4-601 . (Temporary) Grow your own grant program -- administration. (1) There is a grow your own grant program administered by the commissioner of higher education. The purpose of the grant program is to develop teacher pipelines aimed at serving rural and reservation school districts.

(2) (a) The grow your own grant program must involve:

(i) the opportunity for students to take dual credit courses in education while in high school;

(ii) the opportunity for students to engage in work-based learning opportunities in the field of education; and

(iii) collaboration between school districts and institutions of higher education in developing a career pathway for education.

(b) The grant program must allow and encourage small and proximate districts to collaborate in developing their grow your own grant programs.

(c) A school district is eligible for the program if the district has one or more schools impacted by a quality educator shortage.

(d) A postsecondary institution is eligible for a grant under this section.

(3) Contingent on appropriation by the legislature, the commissioner shall create and administer:

(a) a grant program for eligible postsecondary institutions, in partnership with at least one eligible school district, to develop or expand a grow your own grant program that encourages students to pursue a career in teaching; and

(b) a grow your own grant scholarship program that provides a last-dollar grant of up to $5,000 a year, not to exceed the cost of attendance, and not to exceed $10,000 total for any student, to students who:

(i) have participated or are participating in a grow your own grant program as described in subsection (3)(a);

(ii) are currently enrolled in a teacher preparation program in a licensure or endorsement area identified as most impacted by quality educator shortages;

(iii) commit to teaching in a school impacted by a quality educator shortage; and

(iv) if participation in a grow your own grant program occurred solely during high school, earned at least six postsecondary credits toward an education degree.

(4) The legislature intends that grants made to postsecondary institutions pursuant to subsection (3)(a) are one-time startup grants that include:

(a) a matching component provided by either a participating school district or the postsecondary institution; and

(b) a plan by the school district or postsecondary institution to sustain programs beyond the term of the grant.

(5) In accordance with 5-11-210 , the commissioner shall report annually to the education interim committee on the status and impacts of the grant programs described in this section. The report must include:

(a) the number of students currently participating in a grow your own grant program;

(b) the number of former participants who hold a Montana teacher certificate; and

(c) the number of former participants who are teaching in the district where they participated in the grow your own grant program.

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

(a) "Postsecondary institution" means a unit of the Montana university system or a tribal college or community college located in the state.

(b) "Quality educator shortage" means a shortage identified by the board of public education pursuant to 20-4-503 . (Terminates June 30, 2029--sec. 2, Ch. 774, L. 2025.)
Mont. Code Ann. § 20-26-105 — MT Code / Title 20 / Chapter 26 / Part 1 / Section 20-26-105
20-26-105 Montana resident student financial aid program -- reporting requirements
Status: in_force

20-26-105 . Montana resident student financial aid program -- reporting requirements. The commissioner of higher education shall submit an annual report to the education interim committee in accordance with 5-11-210 regarding the Montana resident student financial aid program. The report must provide information about the previous year and must include the progress and results achieved by:

(1) the incentive-based financial aid program pursuant to 20-26-102 (2)(a), including but not limited to the number of Montana STEM scholarships awarded, the amount of scholarship funds awarded, the workforce development needs targeted by the Montana STEM scholarship program, the number and type of postsecondary credentials earned by Montana STEM scholarship recipients, and any measurable impacts on the Montana workforce;

(2) the merit-based financial aid program pursuant to 20-26-102 (2)(b), including but not limited to the recruitment and retention of the highest-achieving Montana resident students, the number of merit-based financial aid recipients, the amount and type of merit-based financial aid awarded, the number and type of postsecondary credentials awarded to merit-based financial aid recipients, and any measurable impacts on the Montana workforce; and

(3) the access-based financial aid program pursuant to 20-26-102 (2)(c), including but not limited to the number of access-based financial aid recipients, the amount and type of access-based financial aid awarded, the effect of access-based financial aid on the retention and credential completion by recipients of access-based financial aid, and any measurable impacts on the Montana workforce.
Mont. Code Ann. § 20-3-342 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-342
20-3-342 Determination of terms after reorganization of elementary districts
Status: in_force

20-3-342 . Determination of terms after reorganization of elementary districts. Whenever the trustees are elected at one regular school election under the circumstances described in 20-3-302 (2)(a), the members who are elected shall draw by lot to determine their terms of office. The terms of office by trustee position must be:

(1) three for 3 years, two for 2 years, and two for 1 year in a first-class elementary district;

(2) two for 3 years, two for 2 years, and one for 1 year in second-class elementary districts and third-class elementary districts having five trustee positions; or

(3) one for 3 years, one for 2 years, and one for 1 year in a third-class elementary district having three trustee positions.
Mont. Code Ann. § 20-11-111 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-111
20-11-111 Community choice school proposal process -- request for proposal
Status: in_force

20-11-111 . Community choice school proposal process -- request for proposal. (1) To solicit, encourage, and guide the development of choice schools, every authorizer operating under this part shall issue and broadly publicize a request for proposal by June 1 of each year. The content and dissemination of the request for proposal must be consistent with the purposes and requirements of this part.

(2) Each authorizer's request for proposal must present the authorizer's strategic vision for authorizing, including a clear statement of any preferences the authorizer wishes to grant to proposals that help at-risk students.

(3) A request for proposal must include or otherwise direct applicants to the performance framework that the authorizer has developed for choice school oversight and evaluation in accordance with 20-11-109 .

(4) A request for proposal must include the criteria that will guide the authorizer's decision to approve or deny a choice school proposal.

(5) A request for proposal must include clear and detailed questions designed to gauge an applicant's capacity to establish and operate a successful choice school, as well as guidelines concerning the format and content of an applicant's response to the request for proposal.

(6) A request for proposal must require applicants to describe thoroughly the following essential elements of their proposed choice school proposal:

(a) an executive summary;

(b) the mission and vision of the proposed choice school, including identification of the targeted student population and the community the school hopes to serve;

(c) the location or geographic area proposed for the choice school;

(d) the grades to be served each year for the full term of the charter contract;

(e) minimum, planned, and maximum enrollment each year for the term of the charter contract;

(f) evidence of need and community support for the proposed choice school;

(g) background information on the founding governing board members and, if identified, the proposed school leadership and management team;

(h) the proposed choice school's proposed calendar and sample daily schedule;

(i) a description of the academic program, including identification of the planned standardized assessment to formally measure student achievement on an annual basis;

(j) a description of the proposed choice school's instructional design, including the type of learning environment, class size and structure, curriculum overview, and teaching methods;

(k) the proposed choice school's plans for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically challenged, and gifted students, including but not limited to compliance with applicable laws and regulations;

(l) a description of cocurricular or extracurricular programs, if any, and how the programs will be funded and delivered;

(m) plans and timelines for student recruitment and enrollment, including lottery procedures;

(n) the proposed choice school's student discipline policies, including those for special education students;

(o) an organizational chart that clearly presents the proposed choice school's organizational structure, including lines of authority and reporting between the governing board, staff, related bodies such as advisory bodies or parent and teacher councils, and any external organizations that may play a role in managing the school;

(p) a clear description of the roles and responsibilities for the governing board, the proposed choice school's leadership and management team, and other entities shown in the organizational chart;

(q) a staffing chart for the proposed choice school's first year and a staffing plan for the term of the charter contract;

(r) plans for recruiting and developing school leadership and staff;

(s) the proposed choice school's leadership and teacher employment policies, including performance evaluation plans;

(t) proposed governing bylaws;

(u) explanations of any partnerships or contractual relationships central to the proposed choice school's operations or mission;

(v) the proposed choice school's plans for providing transportation, food service, and all other significant operational or ancillary services, if any;

(w) opportunities and expectations for parent involvement;

(x) a detailed school startup plan identifying tasks, timelines, and responsible individuals;

(y) a description of the proposed choice school's financial plan and policies, including financial controls and audit requirements;

(z) a description of the insurance coverage the proposed choice school will obtain;

(aa) startup and 5-year budgets with clearly stated assumptions;

(bb) startup and first-year cash flow projections with clearly stated assumptions;

(cc) evidence of anticipated fundraising contributions, if claimed in the proposal; and

(dd) a sound facilities plan, including backup or contingency plans, if appropriate.

(7) In the case of a proposal to establish a choice school by converting an existing traditional public school to choice school status, a request for proposal must also require the applicants to demonstrate support for the proposed choice school conversion by a petition signed by a majority of teachers or a majority of the local school board and a petition signed by a majority of parents of students in the existing traditional public school.

(8) In the case of a proposal to establish a virtual choice school, a request for proposal must additionally require the applicants to describe the proposed school's system of course credits and how the school will:

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

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

(c) conduct parent-teacher conferences.

(9) In the case of a proposed choice school that intends to contract with an education service provider for substantial educational services, management services, or both, a request for proposal must additionally require the applicants to:

(a) provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;

(b) provide documentation setting forth:

(i) the proposed duration of the service contract;

(ii) the roles and responsibilities of the governing board, the school staff, and the education service provider;

(iii) the scope of services and resources to be provided by the education service provider;

(iv) performance evaluation measures and timelines;

(v) a compensation structure, including clear identification of all fees to be paid to the education service provider;

(vi) methods of contract oversight and enforcement;

(vii) investment disclosure; and

(viii) conditions for renewal and termination of the contract; and

(c) disclose and explain any existing or potential conflicts of interest between the governing board and the proposed education service provider or any affiliated business entities.

(10) In the case of a choice school proposal from an applicant that currently operates one or more schools in any state or nation, a request for proposal must additionally require the applicant to provide evidence of past performance and current capacity for growth.

(11) If a choice school proposal does not contain the elements required in this section, the authorizer may consider the proposal incomplete and return the proposal to the applicant without following the process described in subsection (12).

(12) In reviewing and evaluating choice school proposals, authorizers shall employ procedures, practices, and criteria consistent with nationally recognized principles and standards for authorizing. The proposal review process must include thorough evaluation of each written choice school proposal, an in-person interview with the applicant group, and an opportunity in a public forum for local residents to learn about and provide input on each proposal.

(13) In deciding whether to approve choice school proposals, authorizers shall:

(a) grant approval only to applicants that have demonstrated competence in each element of the authorizer's published approval criteria and are likely to open and operate a successful choice school;

(b) base decisions on documented evidence collected through the proposal review process; and

(c) follow proposal review and approval policies and practices that are transparent and are based on merit and avoid conflicts of interest or any appearance of conflict.

(14) (a) The authorizer shall approve or deny a choice school proposal within 60 days after the filing of the proposal, except that the commission has up to 120 days if more than three proposals have been submitted to the commission within 30 days. The commission shall notify the applicant of the expected timeline for approval or denial.

(b) The authorizer shall adopt by resolution all choice school proposal approval or denial decisions in an open meeting of the authorizer's governing body.

(c) An approval decision may include, if appropriate, reasonable conditions that the applicant must meet before a charter contract may be executed pursuant to 20-11-112 .

(d) For any choice school proposal denial, the authorizer shall clearly state for the public record the reasons for denial. A denied applicant may subsequently reapply to that authorizer or apply to any other authorizer in the state.

(e) Within 10 days of taking action to approve or deny a choice school proposal, the authorizer shall report its decision to the commission. The authorizer shall provide a copy of the report to the applicant at the same time that the report is submitted to the commission. The report must include a copy of the resolution of the authorizer's governing body setting forth the action taken and reasons for the decision and providing assurances of compliance with all of the procedural requirements and proposal elements set forth in this section.

(15) An applicant may submit a proposal for a particular choice school to only one authorizer at a time.
Mont. Code Ann. § 20-20-105 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-105
20-20-105 Regular school election day and special school elections -- limitation -- exception
Status: in_force

20-20-105 . Regular school election day and special school elections -- limitation -- exception. (1) Except as provided in subsection (5), the first Tuesday after the first Monday in May of each year is the regular school election day.

(2) Except as provided in subsections (4) and (5), a proposition requesting an increase in the over-BASE budget levy under 20-9-353 may be submitted to the electors only once each calendar year on the regular school election day.

(3) Subject to the provisions of subsection (2), other school elections may be conducted at times determined by the trustees.

(4) In the event of an unforeseen emergency occurring on the date scheduled for the funding election pursuant to subsection (2), the district will be allowed to reschedule the election for a different day of the calendar year. As used in this section, "unforeseen emergency" has the meaning provided in 20-3-322 (6).

(5) In years when the legislature meets in regular session or in a special session that affects school funding, the trustees may order an election on a date other than the regular school election day but prior to August 1 in order for the electors to consider a proposition requesting an increase in the over-BASE budget levy under 20-9-353 .
Mont. Code Ann. § 20-5-323 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-323
20-5-323 Tuition -- transportation
Status: in_force

20-5-323 . (Temporary) Tuition -- transportation. (1) (a) Except as provided in subsections (1)(b), (1)(c), and (2) through (5), whenever a child enrolls in and attends a school outside of the child's district of residence under the provisions of 20-5-320 or 20-5-321 , the district of residence shall pay the district of attendance a percentage equal to the lesser of the percentage of either school district's adopted general fund budget funded by BASE and over-BASE property tax levies in the year of attendance not to exceed 35.3% of the tuition per-ANB amount for the year of attendance as described in 20-5-324 .

(b) If the district of residence is a nonoperating district, the required tuition is the percentage of the adopted general fund budget funded by over-BASE property taxes in the district of attendance in the year of attendance, not to exceed 20% of the tuition per-ANB amount for the year of attendance as described in 20-5-324 .

(c) Tuition amounts for partial-year attendance, including midyear changes in residency under 1-1-215 , must be prorated for the portion of the year the student is enrolled as a nonresident student, based on the percentage calculated by dividing the number of days the student is enrolled by the number of pupil instruction days scheduled by the school district of attendance in the year of attendance.

(2) Except for the tuition paid by the district of residence and the superintendent of public instruction under 20-5-324 (2)(b), the district of residence shall pay the district of attendance as described in 20-5-324 the tuition for a child with a disability, and the amount of tuition must be the regular rate under subsection (1), plus the special education tuition rate determined by the district of attendance under rules adopted by the superintendent of public instruction for the calculation of tuition for special education pupils. The rules must provide:

(a) that tuition amounts must be reduced by the funding generated by the district of attendance due to the child's attendance; and

(b) an option for tuition set at the actual unique costs of providing a free appropriate public education.

(3) The state-paid tuition rate for out-of-district placement pursuant to 20-5-321 (1)(d) and (1)(e) in addition to the tuition paid by the district of residence under 20-5-324 (2)(b) for a student without disabilities who requires a program with costs that exceed the average district costs must be determined as the actual individual costs of providing that program according to the following:

(a) the district of attendance and the district or entity responsible for the tuition payments shall approve an agreement for the tuition cost;

(b) for a Montana resident student, 120% of the tuition per-ANB amount, received in the year for which the tuition charges are calculated, must be subtracted from the per-student program costs for a Montana resident student; and

(c) the maximum tuition rate paid to a district under this subsection (3) may not exceed $2,500 per student.

(4) When a child attends a public school of another state or province, the amount of daily tuition may not be greater than the average annual cost for each student in the child's district of residence. This calculation for tuition purposes is determined by totaling all of the expenditures for all of the district budgeted funds for the preceding school fiscal year and dividing that amount by the October 1 enrollment in the preceding school fiscal year. For the purposes of this subsection, the following do not apply:

(a) placement of a child with a disability pursuant to Title 20, chapter 7, part 4;

(b) placement made in a state or province with a reciprocal tuition agreement pursuant to 20-5-314 ;

(c) an order issued under Title 40, chapter 4, part 2; or

(d) out-of-state placement by a state agency.

(5) When a child is placed by a state agency in an out-of-state residential facility, the state agency making the placement is responsible for the education costs resulting from the placement.

(6) (a) An attendance agreement established under 20-5-320 or 20-5-321 must set forth the financial obligations, if any, for costs incurred for transportation as provided in this subsection (6) and Title 20, chapter 10.

(b) If the attendance agreement is for a child with a disability who has transportation included in the child's individualized education program, transportation or the costs of transportation must be paid by the child's district of residence.

(c) Except as provided in subsection (6)(b) and unless otherwise agreed to in the out-of-district attendance agreement:

(i) when a child has approval to attend a school outside the child's district of residence because of a parent's or guardian's request under the provisions of 20-5-320 or 20-5-321 (1)(c), the parent or guardian of the child is responsible for transportation and the child is not an eligible transportee as defined in 20-10-101 . The district of attendance may discretionarily provide transportation for a child who is not an eligible transportee pursuant to 20-10-122 .

(ii) when a child attends a school outside the child's district of residence under the provisions of 20-5-321 (1)(a) or (1)(b), the district of residence is responsible for transportation; and

(iii) when a child attends a school outside the child's district of residence under the provisions of 20-5-321 (1)(d) or (1)(e), the district of attendance is responsible for transportation consistent with and subject to the provisions of 20 U.S.C. 6312(c)(5).

(d) The amount, if any, charged for transportation may not exceed the average transportation cost for each student in the child's district of residence. The average expenditures for the district transportation fund for the preceding school fiscal year must be calculated by dividing the transportation fund expenditures by the October enrollment count for the preceding fiscal year.

(7) As used in this section, "tuition per-ANB amount" means the applicable per-ANB maximum rate established in 20-9-306 , plus the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321 .
Mont. Code Ann. § 20-25-455 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-455
20-25-455 Montana university system assistance program -- purpose -- duties of board of regents
Status: in_force

20-25-455 . Montana university system assistance program -- purpose -- duties of board of regents. (1) There is a Montana university system assistance program administered by the board of regents through the office of the commissioner of higher education. The program must allow a private donor to make tax deductible contributions by cash, check, or money order that benefit a qualifying institution and students of these public institutions.

(2) As part of the program, the board of regents shall:

(a) provide a donor with a receipt that reflects the contribution in sufficient detail for the donor to claim any applicable credits or deductions for state and federal income tax purposes;

(b) deposit donations to the program in the state special revenue account established by 20-25-456 ;

(c) develop procedures and forms that enable a donor to make contributions by cash, check, or money order for the benefit of a specific qualifying institution. If a donor does not select an institution, the donation must be allocated on an equal basis to all qualifying institutions by dividing the total donation by the number of qualifying institutions.

(d) develop procedures and forms that enable a donor to select the percentage of the donation that will be used by a qualifying institution for building projects, educational programs, and academic scholarships. If a donor does not make a selection, the donation may be used for the general support, maintenance, or improvement of the institution as provided in 17-3-1001 (2).

(e) maintain adequate records to account for contributions that are allocated to each specific qualifying institution and any donor selection preference;

(f) provide each qualifying institution with a schedule showing the total donations credited to the institution at the end of each fiscal year; and

(g) distribute donor contributions to the qualifying institution's endowment fund as provided in 20-25-456 .

(3) For the purposes of 20-25-456 and this section, "qualifying institution" means:

(a) a Montana community college that is part of a community college district, defined and organized as provided in 20-15-101 ; and

(b) a unit of the Montana university system, as described in 20-25-201 , or any of its affiliated campuses.
Mont. Code Ann. § 20-7-1801 — MT Code / Title 20 / Chapter 7 / Part 18 / Section 20-7-1801
20-7-1801 Findings -- purpose -- legislative intent
Status: in_force

20-7-1801 . Findings -- purpose -- legislative intent. (1) The legislature finds that the ability to read and to perform math at or above grade level is essential for educational success. The legislature also finds that too many Montana children are not proficient in reading or math at the end of 3rd grade.

(2) The purposes of this part are to:

(a) provide parents with voluntary early interventions for their children;

(b) increase the number of children who are proficient in reading and math at the end of 3rd grade and in so doing help those children develop their full educational potential pursuant to Article X, section 1(1), of the Montana constitution; and

(c) foster a strong economic return for the state on early educational investment through enhancing Montana's skilled workforce and decreasing future reliance on social programs and the criminal justice system.

(3) The legislature intends that the board of public education, the office of public instruction, and the boards of trustees of school districts collaborate to implement this part and achieve the purposes under subsection (2).

(4) The legislature further intends that the board of public education, the office of public instruction, and the boards of trustees of school districts collaborate on an ongoing basis to gather, analyze, and make available outcome data and continually refine the interventions to increase the efficacy and efficiency of each intervention.
Mont. Code Ann. § 20-15-313 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-313
20-15-313 Tax levy
Status: in_force

20-15-313 . Tax levy. (1) By the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values, the board of county commissioners of any county where a community college district is located shall fix and levy a tax on all the real and personal property within the community college district at the rate required to finance, subject to statutory conditions and limitations, any district levy authorized by law.

(2) When a community college district has territory in more than one county, the board of county commissioners in each county shall fix and levy the community college district tax on all the real and personal property of the community college district situated in its county.
Mont. Code Ann. § 20-7-135 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-135
20-7-135 Where sexually oriented performances are prohibited
Status: in_force

20-7-135 . Where sexually oriented performances are prohibited. (1) A library that receives any form of funding from the state may not allow a sexually oriented performance as defined in 45-8-117 on its premises.

(2) A school or library that receives any form of funding from the state may not allow a sexually oriented performance or drag story hour, as defined in 45-8-117 , on its premises during regular operating hours or at any school-sanctioned extracurricular activity.

(3) A sexually oriented performance is prohibited:

(a) on public property in any location where the performance is in the presence of an individual under the age of 18; and

(b) in a location owned by an entity that receives any form of funding from the state.

(4) A library, a school, or library or school personnel, a public employee, or an entity described in subsection (3)(b) or an employee of the entity convicted of violating the prohibition under this section shall be fined $5,000 and, if applicable, proceedings must be initiated to suspend the teacher, administrator, or specialist certificate of the offender under 20-4-110 for 1 year. If an offender's certificate has previously been suspended pursuant to this subsection (4), proceedings must be initiated to permanently revoke the teacher, administrator, or specialist certificate of the offender under 20-4-110 on a subsequent violation of this section.
Mont. Code Ann. § 20-7-805 — MT Code / Title 20 / Chapter 7 / Part 8 / Section 20-7-805
20-7-805 Recreational use of school facilities secondary
Status: in_force

20-7-805 . Recreational use of school facilities secondary. The facilities of any school district operating a recreational program pursuant to the provisions of this part shall be used primarily for the purpose of conducting a regular school curriculum, and the use of school facilities for recreational purposes authorized by this part shall be secondary.
Mont. Code Ann. § 20-9-133 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-133
20-9-133 Adoption and expenditure limitations of final budget
Status: in_force

20-9-133 . Adoption and expenditure limitations of final budget. (1) When the trustees determine and set the amount of the budget for each budgeted fund, they shall enter the amount in the portion of the budget form provided for the reporting of the final budget and the presiding officer and clerk shall sign the budget form. The resulting budget constitutes the final budget and the appropriations for the district for the current school fiscal year.

(2) Except as provided in subsection (3), the trustees and all officers and employees of the district are limited in making expenditures or incurring liabilities to the total amount of each fund's budget. Transfers from any appropriation item to another appropriation item within a fund's budget or transfers between different funds or between the final budget and a budget amendment may be made as provided by 20-9-208 . Except as provided in subsection (3), money of the district may not be used to pay expenditures made, liabilities incurred, or warrants issued in excess of the final budget established for each budgeted fund.

(3) If a district incurs a legal bonded debt payment after the final debt service fund budget for the current fiscal year has been adopted and if payment on the debt is required for the current fiscal year, payment on the debt in the current school fiscal year is allowed if money is available.
Mont. Code Ann. § 20-3-303 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-303
20-3-303 Term of vacated trustee position after election
Status: in_force

20-3-303 . Term of vacated trustee position after election. Whenever a trustee position is subject to election because a vacancy of such position has occurred since the last regular school election day, the term of the trustee position shall not change and the member elected to fill such position shall serve the remainder of the unexpired term.
Mont. Code Ann. § 20-6-424 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-424
20-6-424 Interim governance of reorganized district
Status: in_force

20-6-424 . Interim governance of reorganized district. (1) Upon passage of a reorganization proposition under the provisions of 20-6-423 , an interim board of trustees made up of all of the members of the boards of trustees of the districts that reorganized shall serve as the trustees for the newly formed district from the date of the reorganization order until the newly elected board of the newly formed district is organized under 20-3-321 . The interim board of trustees shall elect a presiding officer from among its members.

(2) The trustees of each district incorporated in the reorganization order shall continue to perform those duties related to the operation of their individual districts until the effective date of the reorganization. The interim board of trustees shall perform those duties related to the formation of and transition to the newly formed district, including but not limited to:

(a) calling an election of the new board of trustees for the newly formed district to be held on the regular election day preceding the effective date of the reorganization; and

(b) if necessary, calling an election under 20-9-353 for the ensuing budget year of the newly formed district.

(3) At the next regular school election following the reorganization election, trustees for the newly formed district must be elected in accordance with the election provisions of Title 13 and Title 20. The term of office is 3 years, except that the initial terms of the newly elected trustees must be selected by lot in order to comply with the provisions of 20-3-302 .

(4) The interim board of trustees must be dissolved upon the organization of the newly elected trustees pursuant to 20-3-321 .
Mont. Code Ann. § 20-6-423 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-423
20-6-423 District reorganization
Status: in_force

20-6-423 . District reorganization. (1) (a) Any two or more contiguous elementary school districts may reorganize to form a single elementary district.

(b) Any two or more contiguous high school districts may reorganize to form a single high school district.

(c) Any two or more contiguous K-12 school districts may reorganize to form a single K-12 school district.

(d) Any two or more school districts may reorganize to form a single K-12 school district.

(e) The reorganization must be conducted as provided in this section.

(2) (a) A reorganization proposition may be introduced, individually, in each of the districts by either of the two following methods:

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

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

(b) (i) When two or more districts reorganize under subsections (1)(a) through (1)(c), the resolution or petition must state whether the reorganization is to be made with or without the joint assumption of the bonded indebtedness of each district by all districts included in the reorganization. The resolution or petition from each district must agree on whether or not there will be joint assumption of bonded indebtedness. Without agreement, the reorganization proposition may not be considered further.

(ii) When two or more districts reorganize under subsection (1)(d), any bonded indebtedness of a district remains an obligation of the original territory of the district.

(3) When a county superintendent has received a resolution or a valid petition from each of the districts included in the reorganization proposition, the county superintendent shall, within 10 days after the receipt of the last resolution or petition and as provided by 20-20-201 , order the trustees of each district included in the reorganization proposition to call a reorganization election to be held no later than December 31 preceding the school year in which the reorganization is to become effective. If the districts involved in the reorganization proposition are located in more than one county, the county superintendents in both counties shall jointly order the district to call a reorganization election.

(4) Each district, individually, shall call and conduct an election in the manner prescribed in this title for school elections and subject to additional requirements of subsections (5) and (6). Any elector qualified to vote under the provisions of 20-20-301 may vote.

(5) (a) If the districts to be reorganized are to jointly assume the bonded indebtedness of each district involved in the reorganization, the ballots must read, after stating the reorganization proposition, "FOR reorganization with assumption of bonded indebtedness" and "AGAINST reorganization with assumption of bonded indebtedness".

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

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

(6) If the districts to be reorganized are not to jointly assume the bonded indebtedness of each district involved in the reorganization, the ballots must read, after stating the reorganization proposition, "FOR reorganization without assumption of bonded indebtedness" and "AGAINST reorganization without assumption of bonded indebtedness". The reorganization proposition is approved by a district if a majority of those voting in a district approve the proposition. Otherwise it is disapproved.

(7) (a) After the county superintendent of each county where a district involved in the reorganization proposition is located has received the election certification provided for in 20-20-416 from the trustees of each district included in a reorganization proposition, the appropriate county superintendent shall determine if the reorganization proposition has been approved in each district. If each district has approved the reorganization proposition, each county superintendent shall, within 10 days after the receipt of the last election certificate, order the reorganization of the districts effective July 1 of the ensuing school fiscal year. The order must:

(i) for reorganization with the joint assumption of bonded indebtedness, specify that there will be joint assumption of bonded indebtedness between the owners of all taxable real and personal property in each district forming the reorganized district;

(ii) specify the number of the reorganized district;

(iii) for a reorganization under subsection (1)(d), order any boundary changes necessary to create the K-12 district; and

(iv) establish an interim board of trustees for the reorganized district as provided in 20-6-424 . The trustees shall serve until their successors are elected at the next succeeding regular school election and qualified.

(b) Each county superintendent shall send a copy of the order to the board of county commissioners of each county where a district involved in the reorganization proposition is located and to the trustees of each district incorporated in the reorganization order.

(8) If any district included in the reorganization proposition disapproves the reorganization proposition, the reorganization of all districts fails and the appropriate county superintendent shall notify each district of the disapproval of the reorganization proposition.
Mont. Code Ann. § 20-9-212 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-212
20-9-212 Duties of county treasurer
Status: in_force

20-9-212 . (Temporary) Duties of county treasurer. The county treasurer of each county:

(1) must receive and shall hold all school money subject to apportionment and keep a separate accounting of its apportionment to the several districts that are entitled to a portion of the money according to the apportionments ordered by the county superintendent or by the superintendent of public instruction. A separate accounting must be maintained for each county fund supported by a countywide levy for a specific, authorized purpose, including:

(a) the basic county tax for elementary equalization;

(b) the basic county tax for high school equalization;

(c) the county tax in support of the transportation schedules;

(d) the county tax in support of the elementary and high school district retirement obligations; and

(e) any other county tax for schools, including the community colleges, that may be authorized by law and levied by the county commissioners.

(2) whenever requested, shall notify the county superintendent and the superintendent of public instruction of the amount of county school money on deposit in each of the funds enumerated in subsection (1) and the amount of any other school money subject to apportionment and apportion the county and other school money to the districts in accordance with the apportionment ordered by the county superintendent or the superintendent of public instruction;

(3) shall keep a separate accounting of the receipts, expenditures, and cash balances for each fund;

(4) except as otherwise limited by law, shall pay all warrants properly drawn on the county or district school money;

(5) must receive all revenue collected by and for each district and shall deposit these receipts in the fund designated by law or by the district if a fund is not designated by law. Interest and penalties on delinquent school taxes must be credited to the same fund and district for which the original taxes were levied.

(6) shall send all revenue received for a joint district, part of which is situated in the county, to the county treasurer designated as the custodian of the revenue, no later than December 15 of each year and every 3 months after that date until the end of the school fiscal year;

(7) at the direction of the trustees of a district, shall assist the district in the issuance and sale of tax and revenue anticipation notes as provided in Title 7, chapter 6, part 11;

(8) shall register district warrants drawn on a budgeted fund in accordance with 7-6-2604 when there is insufficient money available in all funds of the district to make payment of the warrant. Redemption of registered warrants must be made in accordance with 7-6-2605 and 7-6-2606 .

(9) when directed by the trustees of a district, shall invest the money of the district within 3 working days of the direction;

(10) each month, shall give to the trustees of each district an itemized report for each fund maintained by the district, showing the paid warrants, registered warrants, interest distribution, amounts and types of revenue received, and the cash balance;

(11) shall remit promptly to the department of revenue receipts for the county tax for a vocational-technical program within a unit of the university system when levied by the board of county commissioners under the provisions of 20-25-439 ;

(12) shall invest the money received from the basic county taxes for elementary and high school equalization, the county levy in support of the elementary and high school district retirement obligations, and the county levy in support of the transportation schedules within 3 working days of receipt. The money must be invested until the working day before it is required to be distributed to school districts within the county or remitted to the state. Clerks of a school district shall provide a minimum of 30 hours' notice in advance of cash demands to meet payrolls, claims, and electronic transfers that are in excess of $50,000, pursuant to 20-3-325 . If a clerk of a district fails to provide the required 30-hour notice, the county treasurer shall assess a fee equal to any charges demanded by the state investment pool or other permissible investment manager for improperly noticed withdrawal of funds. Permissible investments are specified in 20-9-213 (4). All investment income must be deposited, and credited proportionately, in the funds established to account for the taxes received for the purposes specified in subsections (1)(a) through (1)(d).

(13) shall remit on a monthly basis to the department of revenue, as provided in 15-1-504 , all county equalization revenue received under the provisions of 20-9-331 and 20-9-333 , including all interest earned, in repayment of the state advance for county equalization prescribed in 20-9-347 . Any funds in excess of a state advance must be used as required in 20-9-331 (1)(b) and 20-9-333 (1)(b).
Mont. Code Ann. § 20-9-366 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-366
20-9-366 Definitions
Status: in_force

20-9-366 . (Temporary) Definitions. Subject to adjustments pursuant to 20-9-336 , as used in 20-9-366 through 20-9-371 , the following definitions apply:

(1) "County retirement mill value per elementary ANB" or "county retirement mill value per high school ANB" means the sum of the taxable valuation in the previous year of all property in the county divided by 1,000, with the quotient divided by the total county elementary ANB count or the total county high school ANB count used to calculate the elementary school districts' and high school districts' prior year total per-ANB entitlement amounts.

(2) (a) "District guaranteed tax base ratio" for guaranteed tax base funding for the BASE budget of an eligible district means the taxable valuation in the previous year of all property in the district, except for property value disregarded because of protested taxes under 15-1-409 (2) or property subject to the creation of a new school district under 20-6-326 , divided by the district's prior year GTBA budget area.

(b) "District mill value per ANB", for school facility entitlement purposes, means the taxable valuation in the previous year of all property in the district, except for property subject to the creation of a new school district under 20-6-326 , divided by 1,000, with the quotient divided by the ANB count of the district used to calculate the district's prior year total per-ANB entitlement amount.

(3) "Facility guaranteed mill value per ANB", for school facility entitlement guaranteed tax base purposes, means the sum of the taxable valuation in the previous year of all property in the state, multiplied by 140% and divided by 1,000, with the quotient divided by the total state elementary ANB count or the total state high school ANB count used to calculate the elementary school districts' and high school districts' prior year total per-ANB entitlement amounts.

(4) "Guaranteed tax base aid budget area" or "GTBA budget area" means the portion of a district's BASE budget after the following payments are subtracted:

(a) direct state aid;

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

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

(d) the total at-risk student payment;

(e) the total Indian education for all payment;

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

(g) the state special education allowable cost payment.

(5) (a) "Statewide elementary guaranteed tax base ratio" or "statewide high school guaranteed tax base ratio", for guaranteed tax base funding for the BASE budget of an eligible district, means, subject to adjustment under 20-9-336 and 20-9-365 , the sum of the taxable valuation in the previous year of all property in the state, multiplied by 262%, subject to adjustment by the superintendent of public instruction pursuant to section 20, Chapter 658, Laws of 2025, for fiscal year 2026 and by 262% for fiscal year 2027 and each succeeding fiscal year and divided by the prior year statewide GTBA budget area for the state elementary school districts or the state high school districts.

(b) "Statewide mill value per elementary ANB" or "statewide mill value per high school ANB", for school retirement guaranteed tax base purposes, means, subject to adjustment under 20-9-336 and 20-9-365 , the sum of the taxable valuation in the previous year of all property in the state, multiplied by 189%, subject to adjustment by the superintendent of public instruction pursuant to section 20, Chapter 658, Laws of 2025, for fiscal year 2026 and 189% for fiscal year 2027 and each succeeding fiscal year and divided by 1,000, with the quotient divided by the total state elementary ANB count or the total state high school ANB amount used to calculate the elementary school districts' and high school districts' prior year total per-ANB entitlement amounts. (Terminates June 30, 2026--sec. 30, Ch. 424, L. 2025.)
Mont. Code Ann. § 20-9-427 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-427
20-9-427 Notice of bond election by separate purpose
Status: in_force

20-9-427 . Notice of bond election by separate purpose. (1) A school district bond election must be conducted in accordance with the school election provisions of this title, except that the election notice must be in substantially the following form:

NOTICE OF SCHOOL DISTRICT BOND ELECTION

Notice is hereby given by the trustees of School District No. .............. of.............. County, state of Montana, that pursuant to a certain resolution adopted at a meeting of the board of trustees of the school district held on the.............. day of.............., .............., an election of the registered electors of School District No............... of.............. County, state of Montana, will be held on the.............. day of.............., .............., at.............. for the purpose of voting upon the question of whether or not the trustees may issue and sell (state here: general obligation, oil and natural gas revenue, oil and natural gas revenue for which a tax deficiency is pledged, or impact aid revenue) bonds of the school district in the amount of.............. dollars ($..............), payable semiannually, for the purpose of.............. (here state purpose). The bonds to be issued will be payable in installments over a period not exceeding.............. (state number) years.

The polls will be open from.............. o'clock ......m. and until.............. o'clock ......m. of the election day.

Dated and posted this....... day of.............

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

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

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

Address.............................

(2) If the bonds proposed to be issued are for more than one purpose, then each purpose must be separately stated in the notice, together with the proposed amount of bonds for each purpose.

(3) The notice must specify whether the bonds will be general obligation bonds, oil and natural gas revenue bonds, or impact aid revenue bonds.
Mont. Code Ann. § 20-32-103 — MT Code / Title 20 / Chapter 32 / Part 1 / Section 20-32-103
20-32-103 Fee collection and disposition for operational costs
Status: in_force

20-32-103 . Fee collection and disposition for operational costs. As a condition of participation in the network, the Montana university system and community colleges shall collect from appropriate discretionary funds in a manner approved by the board of regents an amount not to exceed $5 for each full-time equivalent student enrolled in the units or colleges. The funds collected must be deposited with the commissioner of higher education for the purposes of 20-32-102 (4). The commissioner of higher education shall pay the department of administration the commissioner's share of the network costs.
Mont. Code Ann. § 20-25-234 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-234
20-25-234 Purpose
Status: in_force

20-25-234 . Purpose. The purpose of 20-25-233 through 20-25-236 is to promote more research and education on sustainable agricultural practices, such as crop rotations, green manuring, integrated pest management, and maintenance of livestock health and quality with reduced use of growth hormones and antibiotics. Sections 20-25-233 through 20-25-236 are intended to foster economically and ecologically beneficial means of soil improvement, pest management, irrigation, cultivation, harvesting, animal husbandry, transportation, and marketing for Montana agriculture, based on methods designed to accomplish the following:

(1) control pests and diseases of agricultural importance through management practices and alternatives that reduce or eliminate dependence on pesticides and petrochemicals;

(2) improve soil fertility and tilth through the use of practices that reduce dependence on synthetically compounded petrochemical-based fertilizers;

(3) produce, process, and distribute food and fiber in ways that consider the interactions among soil, plants, water, air, animals, tillage, machinery, labor, energy, and transportation to enhance resource efficiency, conservation, and public health; and

(4) provide Montana farmers and ranchers with useful agriculture production and marketing information on alternative and specialty crops and livestock, including ostriches, rheas, and emus.
Mont. Code Ann. § 20-7-1336 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1336
20-7-1336 School marshal duties and responsibilities
Status: in_force

20-7-1336 . School marshal duties and responsibilities. (1) A school marshal may act only as necessary to prevent or stop the commission of an offense that threatens serious bodily injury or death of persons on public school property.

(2) Pursuant to 45-8-361 , with the consent of the trustees, a school marshal may possess, carry, and store a firearm on public school property.

(3) The trustees shall adopt a policy describing the school marshal's duties and responsibilities. The policy must:

(a) provide procedures for how a school marshal may possess, carry, and store a firearm on public school property as authorized pursuant to 45-8-361 and subsection (2) of this section;

(b) provide alternate procedures regarding the possession, carrying, and storage of a firearm by a school marshal based on the amount of time the school marshal has regular, direct contact with students;

(c) specify the types of firearms, ammunition, and other related equipment that a school marshal is authorized to possess, carry, and store on public school property; and

(d) specify requirements regarding the subject matter and frequency of additional professional development and training.
Mont. Code Ann. § 20-4-112 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-112
20-4-112 Access to materials -- superintendent of public instruction
Status: in_force

20-4-112 . Access to materials -- superintendent of public instruction. The superintendent of public instruction has access to all material considered by or available to the school or school district that may be relevant to an allegation that a teacher, administrator, or specialist has engaged in conduct described in 20-4-110 (1)(e) or (1)(f) or that may lead to the discovery of relevant evidence.
Mont. Code Ann. § 20-6-602 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-602
20-6-602 Trustees' power over property
Status: in_force

20-6-602 . Trustees' power over property. The trustees of any district other than a high school district operating a county high school shall have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district. In the name of the county, the trustees of a high school district operating a county high school, as defined by 20-6-101 , shall have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district.
Mont. Code Ann. § 20-9-402 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-402
20-9-402 Definition of school district for bonding purposes
Status: in_force

20-9-402 . Definition of school district for bonding purposes. For the purposes of indebting an elementary district, a high school district, or a community college district by the issuance of bonds under the provisions of this title, the term "school district" means any elementary district, high school district, county high school district, or community college district.
Mont. Code Ann. § 20-11-103 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-103
20-11-103 Definitions
Status: in_force

20-11-103 . Definitions. As used in this part, the following definitions apply:

(1) "Applicant" means a person or group that submits a proposal for a community choice school to an authorizer.

(2) "Authorizer" means the commission or a local school board approved as an authorizer by the commission.

(3) "Charter contract" means a fixed-term, renewable contract between a community choice school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

(4) "Commission" means the community choice school commission provided for in 20-11-106 .

(5) "Community choice school" or "choice school" means a public school that:

(a) has autonomy over decisions, including but not limited to matters concerning finance, board governance, personnel, scheduling, curriculum, and instruction;

(b) is governed by a governing board;

(c) is established and operated under the terms of a charter contract between the school's governing board and its authorizer;

(d) is a school in which parents choose to enroll their children;

(e) is a school that admits students based on capacity and then on the basis of a lottery if more students apply for admission than can be accommodated;

(f) provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;

(g) operates in pursuit of a specific set of educational objectives as defined in its charter contract;

(h) operates under the oversight of its authorizer in accordance with its charter contract; and

(i) establishes graduation requirements and has authority to award degrees and issue diplomas.

(6) "Education service provider" means a for-profit education management organization, nonprofit education management organization, school design provider, or other partner entity with which a community choice school intends to contract for educational design, implementation, or comprehensive management.

(7) "Governing board" means an independent volunteer board of trustees of a community choice school that is a party to the charter contract with the authorizer.

(8) "Local school board" means a traditional school district board of trustees exercising management and control over a traditional local school district pursuant to the laws of the state.

(9) "Parent" means a parent, guardian, or other person or entity having legal custody of a child.

(10) "Resident school district" means the public school district in which a student resides.

(11) "Student" means a child who is eligible for attendance in a public school in the state.

(12) "Traditional public school" means a traditional public school that is under the direct management, governance, and control of a local school board or the state.

(13) "Virtual community choice school" means a community choice school headquartered in Montana that offers educational services predominantly through an online program.
Mont. Code Ann. § 20-9-525 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-525
20-9-525 School major maintenance aid -- formula -- filing
Status: in_force

20-9-525 . School major maintenance aid -- formula -- filing. (1) The purpose of school major maintenance aid as provided in this section is to support school facility projects, including the payment of principal and interest on obligations issued pursuant to 20-9-471 for school facility projects, that support a basic system of free quality public elementary and secondary schools under 20-9-309 , including but not limited to:

(a) improvements to school and student safety and security as described in 20-9-236 (1); and

(b) projects designed to produce operational efficiencies such as utility savings, reduced future maintenance costs, improved utilization of staff, and enhanced learning environments for students, including but not limited to projects addressing:

(i) roofing systems;

(ii) heating, air-conditioning, and ventilation systems;

(iii) energy-efficient window and door systems and insulation;

(iv) plumbing systems;

(v) electrical systems and lighting systems;

(vi) information technology infrastructure, including internet connectivity both within and to the school facility; and

(vii) other critical repairs to an existing school facility or facilities.

(2) (a) In any year in which the legislature has appropriated funds for school major maintenance aid, the superintendent of public instruction shall administer the distribution of school major maintenance aid for deposit in the subfund of the building reserve fund provided for in 20-9-502 (3)(e). Subject to proration under subsection (4) of this section, aid must be annually distributed no later than the last working day of May to a school district imposing a levy pursuant to 20-9-502 (3) in the current school fiscal year, with the amount of state support per dollar of local effort of the applicable elementary and high school program of each district determined as follows:

(i) using the taxable valuation most recently determined by the department of revenue under 20-9-369 :

(A) divide the total statewide taxable valuation by the statewide total of school major maintenance amounts and multiply the result by 355%;

(B) multiply the result determined under subsection (2)(a)(i)(A) by the district's school major maintenance amount;

(C) subtract the district's taxable valuation from the amount determined under subsection (2)(a)(i)(B); and

(D) divide the amount determined under subsection (2)(a)(i)(C) by 1,000;

(ii) determine the greater of the amount determined in subsection (2)(a)(i) or 18% of the district's mill value;

(iii) multiply the result determined under subsection (2)(a)(ii) by the district's school major maintenance amount, then divide the product by the sum of the result determined under subsection (2)(a)(ii) and the district's mill value; and

(iv) divide the result determined under subsection (2)(a)(iii) by the difference resulting from subtracting the result determined under subsection (2)(a)(iii) from the district's school major maintenance amount.

(b) For a district with an adopted general fund budget in the prior year greater than or equal to 97% of the district's general fund maximum budget in the prior year, the amount determined in subsection (2)(a)(iv) rounded to the nearest cent is the amount of school major maintenance aid per dollar of local effort, not to exceed an amount that would result in the state aid composing more than 80% of the district's school major maintenance amount.

(c) For a district with an adopted general fund budget in the prior year less than 97% of the district's maximum budget in the prior year, multiply the amount determined in subsection (2)(a)(iv) by the ratio of the district's adopted general fund budget in the prior year to the district's maximum general fund budget in the prior year. The result, rounded to the nearest cent, is the amount of state school major maintenance aid per dollar of local effort, not to exceed an amount that would result in the state aid composing more than 80% of the district's school major maintenance amount.

(3) Using the taxable valuation most recently determined by the department of revenue under 20-9-369 , the superintendent shall provide school districts with a preliminary estimated amount of state school major maintenance aid per dollar of local effort for the ensuing school year no later than March 1 and a final amount for the current school year no later than July 31.

(4) If the appropriation for school major maintenance aid or the available funds in any school fiscal year are less than the amount of school major maintenance aid for which school districts would otherwise qualify, the superintendent of public instruction shall proportionally prorate the aid distributed to ensure that the distributions do not exceed the appropriated or available funds.

(5) A school district that receives school major maintenance aid shall, within 30 days of receiving the funds, file with the office of the superintendent of public instruction a document acknowledging it has received funds from the coal severance tax trust fund.

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

(a) "Local effort" means an amount of money raised by levying no more than 10 mills pursuant to 20-9-502 (3) and, provided that 10 mills have been levied, any additional amount of money deposited or transferred by trustees to the subfund pursuant to 20-9-502 (3).

(b) "School major maintenance amount" means the sum of $40,000 and the product of $115 multiplied by the district's budgeted ANB for the prior fiscal year.
Mont. Code Ann. § 20-9-431 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-431
20-9-431 Publication of notice of sale of school district bonds
Status: in_force

20-9-431 . Publication of notice of sale of school district bonds. If the trustees conduct a public sale, the trustees shall publish the notice of sale of the bonds, as provided in 17-5-106 , in one or more newspapers as determined by the trustees.
Mont. Code Ann. § 20-15-231 — MT Code / Title 20 / Chapter 15 / Part 2 / Section 20-15-231
20-15-231 Annexation of territory of districts to community college district
Status: in_force

20-15-231 . Annexation of territory of districts to community college district. (1) Whenever 10% of the registered electors of an elementary district or districts of a county that is contiguous to the existing community college district petition the board of trustees of a community college district for annexation of the territory encompassed in such elementary school districts, the board of trustees of the community college district may order an annexation election in the area defined by the petition. The election must be held on the next school election day that, pursuant to 13-1-504 , is at least 85 days after the order for the election.

(2) (a) Prior to the election on the question of annexation, the trustees shall adopt a plan that includes:

(i) a schedule that provides for the orderly transition from the existing trustee representation to the representation required by 20-15-204 , with such transition period not to exceed 3 years from the date of the election on the question of annexation;

(ii) provisions relating to the assumption or nonassumption of existing community college district bonded indebtedness by the annexed area and provisions relating to the responsibilities of the annexed area for any bonded indebtedness if it withdraws from the district; and

(iii) a procedure by means of which the electors of the annexed area may withdraw the annexed area from the community college district and the conditions of such withdrawal.

(b) The plan required by this subsection (2) may not be changed by the trustees without the approval of a majority of the electors of the annexed area voting on the question. The bonding provisions of the plan set forth pursuant to subsection (2)(a)(ii) may not be changed.

(3) The election must be conducted in the proposed area for annexation in accordance with the requirements of the community college organization election under 20-15-203 , except that the board of trustees of the community college shall act as the governing body for the election and the election may not include an election of the board of trustees of the community college.

(4) The proposition on the ballot must be as follows:

Shall school districts .... be annexed to and become a part of the Community College District of ...., Montana?

☐ FOR annexation.

☐ AGAINST annexation.

(5) To carry, the proposals to annex must receive a majority of the total votes cast at the election. On receipt of the certified results of the election from the county election administrator, the board of trustees of the community college district shall canvass the vote and declare the results of the election. If the annexation proposition carries, a certified copy of the canvassing resolution must be filed in the office of the county clerk and recorder of the county encompassing the area to be annexed and, on such filing, the area to be annexed shall then become a part of the community college district.
Mont. Code Ann. § 20-15-323 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-323
20-15-323 Definition of emergency for budgeting purposes
Status: in_force

20-15-323 . Definition of emergency for budgeting purposes. As used in this chapter, unless the context clearly indicates otherwise, the term "emergency" for the purpose of community college budgeting means:

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

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

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

(4) any other reason of similar consequence that has been approved by the board of regents upon petition by the trustees of the district.
Mont. Code Ann. § 20-8-106 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-106
20-8-106 Duration of attendance at school -- suspension or expulsion -- transfer
Status: in_force

20-8-106 . Duration of attendance at school -- suspension or expulsion -- transfer. (1) Each child admitted to the school is entitled to attend the school until reaching the age of 21 years if attendance at the Montana school for the deaf and blind is the most appropriate educational placement for the child.

(2) Nothing in this section may be construed to prevent the suspension or expulsion of a child at any time for insubordination or other cause considered good and sufficient by the board of public education and superintendent of the Montana school for the deaf and blind if the suspension or expulsion complies with other applicable state and federal law.

(3) Transfer of a student from the school to another educational placement must comply with rules adopted by the board of public education.
Mont. Code Ann. § 20-5-324 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-324
20-5-324 Tuition payment provisions -- state obligations -- district obligations -- financing -- reporting
Status: in_force

20-5-324 . (Temporary) Tuition payment provisions -- state obligations -- district obligations -- financing -- reporting. (1) In order to be eligible to receive state reimbursement or payment under subsection (2)(a), the trustees of a district shall report to the superintendent of public instruction by June 30 the following information for the concluding school fiscal year:

(a) the name and district of residence of each child who attended a school of the district under a mandatory out-of-district attendance agreement approved under the provisions of 20-5-321 (1)(d) or (1)(e);

(b) the number of days of enrollment for each child reported under the provisions of subsection (1)(a);

(c) the annual tuition rate for each child's tuition payment, as determined under the provisions of 20-5-323 , and the tuition cost for each child reported under the provisions of subsection (1)(a);

(d) the names, districts of attendance, and amount of tuition paid by the district for resident students attending public schools out of state; and

(e) the names, schools of attendance, and amount of tuition to be paid by the district for resident students attending day-treatment programs under approved individualized education programs at private, nonsectarian schools.

(2) (a) Subject to the limitations of 20-5-323 , the superintendent of public instruction shall:

(i) except as provided in subsection (2)(b) of this section, pay the district of attendance the amount of the tuition obligation reported under subsection (1)(c) of this section, prorated for the actual days of enrollment;

(ii) determine the total per-ANB entitlement for which the district of residence would have been eligible if the students reported in subsections (1)(d) and (1)(e) of this section had been enrolled in the resident district in the prior year; and

(iii) reimburse the district of residence for the state portion of the per-ANB entitlement for each student reported in subsections (1)(d) and (1)(e) of this section, not to exceed the district's actual payment of tuition or fees for service for the student in the previous year.

(b) The district of residence for each child reported under the provisions of subsection (1)(a) of this section shall pay the district of attendance the tuition rate under 20-5-323 (1) prorated for the actual days of enrollment. The superintendent of public instruction is only responsible for any additional tuition amount pursuant to 20-5-323 (2) and (3).

(3) Whenever a child enrolls in and attends a school outside of the child's district of residence under the provisions of 20-5-320 or 20-5-321 , by July 15 following the year of attendance, the district of attendance shall notify the district of residence of an obligation under 20-5-323 .

(4) (a) (i) When a child attends a school outside the child's district of residence at the resident district's expense under the provisions of 20-5-320 or 20-5-321 or when a child has approval to attend a day-treatment program under an approved individualized education program at a private, nonsectarian school located in or outside of the child's district of residence, the district of residence shall finance any tuition amount required under 20-5-323 from the levy authorized to support the district tuition fund or from the district's general fund or any other legally available fund in the discretion of the trustees and any transportation amount from the levy authorized to support the transportation fund or from the district's general fund or any other legally available fund in the discretion of the trustees. If the district of residence is a nonoperating school district, the district shall use the nonoperating fund and impose applicable levies required to satisfy any tuition and transportation obligations.

(ii) By December 31 of the school fiscal year following the year of attendance, the district of residence shall pay at least one-half of any tuition and transportation obligation established under this part. The remaining tuition and transportation obligation must be paid by June 15 of the school fiscal year following the year of attendance.

(b) In addition to use of a tuition levy to pay tuition for out-of-district attendance of a resident pupil, a school district may also include in its tuition levy an amount necessary to pay for the full costs of providing a free appropriate public education, as defined in 20-7-401 , in the district to any child with a disability who lives in the district. The amount of the levy imposed for the costs associated with educating each child with a disability under this subsection (4)(b) is limited to the actual cost of service under the child's individualized education program minus:

(i) the student's state special education payment;

(ii) the student's federal special education payment;

(iii) the student's per-ANB amount;

(iv) the prorated portion of the district's basic entitlement for each qualifying student; and

(v) the prorated portion of the district's general fund payments in 20-9-327 through 20-9-330 for each qualifying student.

(5) (a) Except as provided in subsection (5)(b), the district of attendance shall anticipate and credit tuition receipts to the district general fund, to reduce the general fund net levy requirement first to the BASE budget and any remaining to the over-BASE budget pursuant to 20-9-141 , and transportation receipts to the transportation fund. In order to provide local property tax reduction for the tuition amount received under 20-5-323 (1), the amount of the reduction in the BASE budget mills levied as a result of anticipated tuition payments must be calculated as a final step in computing the district's general fund net BASE levy requirement pursuant to the procedure set forth in 20-9-141 (2) and the district's guaranteed tax base aid must be calculated prior to the reduction in BASE mills.

(b) Any tuition receipts received for a pupil who is a child with a disability under 20-5-323 (2) or for a student without disabilities who requires a program with costs that exceed the average district costs under 20-5-323 (3) that exceed the tuition amount received for a pupil without disabilities must be deposited in the district miscellaneous programs fund and must be used in the manner provided for in 20-9-507 to support the costs of the program for which the tuition was received.

(6) The reimbursements paid under subsection (2)(a)(iii) must be deposited into the district tuition fund and must be used by the district to pay obligations for resident students attending public schools out of state or for resident students attending day-treatment programs under approved individualized education programs at private, nonsectarian schools at district expense.

(7) The provisions of this section do not apply to out-of-state placements made by a state agency pursuant to 20-7-422 .

(8) (a) In accordance with 5-11-210 , the superintendent of public instruction shall report annually to the education interim committee on out-of-district attendance under 20-5-320 through 20-5-324 in the prior school fiscal year. The report must include the following for each school district:

(i) the total enrollment of the district;

(ii) the number of nonresident students served by the district under out-of-district attendance agreements, broken down by district of residence; and

(iii) the number of resident students served by other school districts under out-of-district attendance agreements, broken down by district of attendance.

(b) School districts shall provide the superintendent of public instruction with the information necessary to comply with this subsection (8) in a manner prescribed by the superintendent that must minimize the reporting burden on school districts.
Mont. Code Ann. § 20-6-703 — MT Code / Title 20 / Chapter 6 / Part 7 / Section 20-6-703
20-6-703 Transitions after formation of K-12 school district
Status: in_force

20-6-703 . Transitions after formation of K-12 school district. (1) When an attachment order for a K-12 school district becomes effective on July 1 under the provisions of 20-6-701 :

(a) the county superintendent shall order the trustees to execute all necessary and appropriate deeds, bills of sale, or other instruments for the conveyance of title to all real and personal property of the elementary district to the high school district;

(b) the trustees of the elementary district shall entrust the minutes of the board of trustees, the elementary district documents, and other records to the high school district to which it is attached; and

(c) the county treasurer shall transfer all end-of-the-year warrants and fund balances of the attached elementary district to the similar funds established for the K-12 school district in the high school district.

(2) All taxes levied by and revenue due from a previous school fiscal year to an elementary district attached to a high school district must be payable to the appropriate fund of the high school district.

(3) The previous year's general fund budget amounts for the elementary district and the high school district that form a K-12 school district must be used to determine the budget limitation for the ensuing school fiscal year pursuant to the calculations described in 20-9-308 (1)(b).
Mont. Code Ann. § 20-6-105 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-105
20-6-105 Transfer of territory from one district to another -- hearing on effects of proposed transfer -- burden of proof -- standard of proof -- appeal to district court
Status: in_force

20-6-105 . Transfer of territory from one district to another -- hearing on effects of proposed transfer -- burden of proof -- standard of proof -- appeal to district court. (1) Except as provided in 20-6-214 , 20-6-215 , 20-6-308 , and 20-6-322 , a petition to transfer territory from one school district to another may be presented to the county superintendent if:

(a) the petition is signed by 60% of the registered electors qualified to vote at general elections in the territory proposed for transfer;

(b) the territory to be transferred is contiguous to the district to which it is to be attached, includes taxable property, and has school-age children living in it;

(c) the territory to be transferred is not located within 3 miles, over the shortest practicable route, of an operating school in the district from which it is to be transferred; and

(d) the board of trustees of the school district that would receive the territory has approved the proposed transfer by a resolution adopted by a majority of the members of the board of trustees at a meeting for which proper notice was given.

(2) When a petition to transfer territory has been filed, an additional petition to transfer that territory may not be filed for 1 full fiscal year unless the county superintendents have agreed in writing.

(3) The petition for a transfer of territory must be delivered to the county superintendent and must:

(a) provide a legal description of the territory that is requested to be transferred and a description of the district to which the territory is to be transferred;

(b) state the reasons why the transfer is requested; and

(c) state the number of school-age children residing in the territory.

(4) If both the trustees of the receiving and transferring school districts have approved the proposed territory transfer in writing, the county superintendent shall grant the transfer.

(5) For any petition that meets the criteria specified in subsection (1) and contains the information required by subsection (3) but that has not been approved in writing by the board of trustees of the school district that would transfer the territory, the county superintendent shall:

(a) not more than 40 days after receipt of the petition, set a place, date, and time for a hearing to consider the petition; and

(b) give notice of the place, date, and time of the hearing. The notice must be posted in the districts affected by the petition for the transfer of territory in the manner prescribed in this title for notices for school elections, with at least one notice posted in the territory to be transferred. Notice must also be delivered to the board of trustees of the school district from which the territory is to be transferred.

(6) The county superintendent shall conduct a hearing as scheduled, and any resident, taxpayer, or representative of the receiving or transferring district must, on request, be heard. At the hearing, the petitioners have the initial burden of presenting evidence on the proposed transfer's effect on:

(a) the educational opportunity for the students in the receiving and transferring districts, including but not limited to:

(i) class size;

(ii) ability to maintain demographic diversity;

(iii) local control;

(iv) parental involvement; and

(v) the capability of the receiving district to provide educational services;

(b) student transportation, including but not limited to:

(i) safety;

(ii) cost;

(iii) travel time of students; and

(iv) whether there are isolated pupils in the territory proposed for transfer; and

(c) the economic viability of the proposed new districts, including but not limited to:

(i) the existence of a significant burden on the taxpayers of the district from which the territory will be transferred if the transfer is approved and on the taxpayers of the school district to which the territory is to be transferred if the transfer is rejected;

(ii) the significance of any loss in state funding for the students in both the receiving and transferring districts;

(iii) the viability of the future bonding capacity of the receiving and transferring districts, including but not limited to the ability of the receiving district and the transferring district to meet minimum bonding requirements;

(iv) the ability of the receiving district and the transferring district to maintain sufficient reserves; and

(v) the cumulative effect of other transfers of territory out of the district in the previous 8 years on the taxable value of the district from which the territory is to be transferred. In cases in which the cumulative effect of other transfers of territory out of the district in the previous 8 years is equal to or greater than 25% of the district's taxable value, the following additional factors must be considered and weighed in the decision:

(A) the district's rate of passage of discretional levies placed before the voters over the previous 8 years;

(B) the district's reduction or elimination of instructional staff or programs over the previous 8 years; and

(C) any increase in district taxes over the previous 8 years and the likely increase in district taxes if the transfer is granted.

(7) After receiving evidence from both the proponents and opponents of the proposed territory transfer on the effects described in subsection (6), the county superintendent shall, within 30 days after the hearing, issue findings of fact, conclusions of law, and an order.

(8) If, based on a preponderance of the evidence, the county superintendent determines that the evidence on the effects described in subsection (6) supports a conclusion that a transfer of the territory is in the best and collective interest of students in the receiving and transferring districts and does not negatively impact the ability of the districts to serve those students, the county superintendent shall grant the transfer. If the county superintendent determines that, based on a preponderance of the evidence presented at the hearing, a transfer of the territory is not in the best and collective interest of students in the receiving and transferring districts and will negatively impact the ability of the districts to serve those students, the county superintendent shall deny the territory transfer.

(9) The decision of the county superintendent is final 30 days after the date of the decision unless it is appealed to the district court by a resident, taxpayer, or representative of either district affected by the petitioned territory transfer. The county superintendent's decision must be upheld unless the court finds that the county superintendent's decision constituted an abuse of discretion under this section. The county superintendent shall notify the department of revenue of the approval of a petition to transfer territory from one school district to another.

(10) Whenever a petition to transfer territory from one district to another district creates a joint district or affects the boundary of an existing joint district, the petition to transfer territory must be delivered to the county superintendent of the county in which the territory proposed to be transferred is located. The county superintendent shall notify any other county superintendents of counties with districts affected by the petition, and the duties prescribed in this section for the county superintendent must be performed jointly. If the number of county superintendents involved is an even number, the county superintendents shall jointly appoint an additional county superintendent from an unaffected county to join them in conducting the hearing required in subsection (6) and in issuing the decision required in subsection (8). The decision issued under subsection (8) must be made by a majority of the county superintendents.

(11) A petition seeking to transfer territory out of or into a K-12 district must propose the transfer of territory for both elementary and high school purposes. In the case of a proposed transfer out of or into a K-12 district, a petition that fails to propose the transfer of territory for both elementary and high school purposes is invalid for the purposes of this section.

(12) If a petition to transfer territory is granted under this section, for the 3 years immediately following the transfer:

(a) the taxable value of territory transferred must be divided equally between the school district from which the territory is transferred and the school district to which the property is transferred;

(b) when certifying taxable values pursuant to 15-10-202 , the department of revenue shall include half of the certified value of the transferred territory in each school district's certified taxable value;

(c) each school district shall calculate the mills required for its district operational levies, as defined in 20-6-106 , based on the certified taxable value provided under subsection (12)(b) of this section; and

(d) when levying taxes for district operational levies pursuant to 20-9-142 , the county commissioners shall fix and levy one-half of the number of mills for each district's operational levies on the full taxable value of all property within the transferred territory.

(13) (a) When a petition to transfer territory is granted for a school district that has paid a reconciliation payment to another school district under 20-6-108 :

(i) the school district to which the territory is transferred shall budget and impose a levy for 3 consecutive years following the transfer to generate revenue equal to the most recent reconciliation payment it received from the district from which the territory is transferred; and

(ii) the school district imposing the levy shall deposit the revenue in its tuition fund and pay the district from which the territory is transferred an amount equal to the revenue raised in subsection (13)(a)(i) for 3 consecutive years following the transfer, with at least half of the annual payment made by December 31 and the remainder made by June 15 of the same fiscal year.

(b) The school district from which territory is transferred shall deposit the received payment in its flexibility fund or allocate it among its budgeted funds as determined by the trustees.
Mont. Code Ann. § 20-3-212 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-212
20-3-212 The county superintendent to appoint another county superintendent
Status: in_force

20-3-212 . The county superintendent to appoint another county superintendent. (1) When a county superintendent is disqualified pursuant to 20-3-211 , that county superintendent must appoint another county superintendent to hear and decide the matter of controversy arising pursuant to 20-3-210 .

(2) The county in which the controversy was initiated shall reimburse the county served by the county superintendent appointed pursuant to subsection (1) for actual costs of travel, room, and board as a result of the appointment. Such county superintendent is entitled to expenses as provided in 20-3-203 (1).
Mont. Code Ann. § 20-7-1510 — MT Code / Title 20 / Chapter 7 / Part 15 / Section 20-7-1510
20-7-1510 Credit for participating in work-based learning partnerships
Status: in_force

20-7-1510 . Credit for participating in work-based learning partnerships. (1) Work-based learning must provide all participating students with on-the-job experience and training along with career and complimentary vocational/technical classroom instruction to contribute to each pupil's employability. The students' classroom activities and on-the-job experiences must be planned and supervised by the school and the employer to ensure that both activities contribute to the student's employability. Pupils enrolled in a work-based learning program must receive credit for related classroom instruction and on-the-job training. In the absence of a proficiency model, the time requirement for students in work-based learning must be converted and is equivalent to the time requirement for credit to be earned.

(2) Any individual licensed with a class 1 through 4 license is authorized to facilitate interfaces between the school and work-based learning partners. Work-based learning partnerships may be provided for any trade, including but not limited to trades identified by the superintendent of public instruction related to the class 4 license established under section 20-4-106 .
Mont. Code Ann. § 20-7-455 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-455
20-7-455 Authorization to appropriate funds for purpose of full service education cooperative contract
Status: in_force

20-7-455 . Authorization to appropriate funds for purpose of full service education cooperative contract. A school district entering into a full service education cooperative contract pursuant to 20-7-451 , 20-7-452 , and 20-7-454 through 20-7-456 may appropriate funds for and may sell, lease, or otherwise give or supply to the administrative officer, management board, or joint board created for the purpose of performance of the cooperative contract any material, personnel, or services that are within its legal power to furnish.
Mont. Code Ann. § 20-2-501 — MT Code / Title 20 / Chapter 2 / Part 5 / Section 20-2-501
20-2-501 Compact for Education approved
Status: in_force

20-2-501 . Compact for Education approved. The Compact for Education established by the education commission of the states is enacted into law and entered into with all other jurisdictions legally joining in the compact, in the form substantially as follows:

THE COMPACT FOR EDUCATION ARTICLE I PURPOSE AND POLICY

(1) It is the purpose of this compact to:

(a) establish and maintain close cooperation and understanding among executive, legislative, professional educational, and lay leadership on a nationwide basis at the state and local levels;

(b) provide a forum for the discussion, development, crystallization, and recommendation of public policy alternatives in the field of education;

(c) provide a clearinghouse of information on matters relating to education problems and how they are being met in different places throughout the nation; and

(d) facilitate the improvement of state and local education systems.

(2) It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement, and administration of education systems and institutions.

(3) The states that have entered into this compact recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own education systems and institutions.

ARTICLE II STATE DEFINED

As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III THE COMMISSION

(1) The education commission of the states (commission) is hereby established. The commission consists of seven members representing each state that has entered into the compact. One of the state members must be the governor, two must be members of the legislature selected by its respective houses and serving in a manner as the legislature may determine, one must be the state superintendent of public instruction, and three must be appointed by and serve at the pleasure of the governor. The guiding principle for the composition of the membership on the commission from each party state must be that the members representing the state shall, by virtue of their training, experience, knowledge, or affiliations, reflect broadly the interests of the state government, higher education, the state education system, local education, and public and nonpublic educational leadership. In addition to the members of the commission representing the party states, there may be no more than 10 nonvoting commissioners selected by the steering committee for terms of 1 year. The commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

(2) The members of the commission are entitled to one vote each on the commission. Any action of the commission is not binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor of the action. Any action of the commission must be taken only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to any directions and limitations as may be contained in the bylaws, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV, and adoption of the annual report pursuant to Article III(10).

(3) The commission must have a seal.

(4) The commission shall elect annually, from among its members, a presiding officer, who must be a governor; a vice presiding officer; and a treasurer. The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission and, together with the treasurer and other personnel as the commission may consider appropriate, must be bonded in an amount determined by the commission. The executive director shall serve as secretary.

(5) The executive director, subject to the approval of the steering committee, shall appoint, remove, or discharge any personnel as may be necessary for the performance of the functions of the commission. The executive director shall fix the duties and compensation of the personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

(6) The commission may borrow, accept, or contract for the services of personnel.

(7) The commission may accept for any of its purposes and functions under this compact any donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation and may receive, utilize, and dispose of any gifts and grants. Any donation or grant accepted by the commission pursuant to this section or services borrowed pursuant to subsection (6) of this article must be reported in the annual report of the commission. The report must include the nature, amount, and conditions, if any, of the donation, grant, or services borrowed and the identity of the donor or lender.

(8) The commission may establish and maintain any facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest in property.

(9) The commission shall adopt bylaws for the conduct of its business and may amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy of its bylaws and any amendments with the appropriate agency or officer in each state that has entered into this compact.

(10) The commission annually shall make and provide to the governor and legislature of each state that has entered into the compact a report covering the activities of the commission for the preceding year. The commission may make any additional reports as it considers desirable.

ARTICLE IV POWERS

In addition to any authority conferred on the commission by other provisions of the compact, the commission may:

(1) collect, correlate, analyze, and interpret information and data concerning educational needs and resources;

(2) encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public education systems;

(3) develop proposals for adequate financing of education as a whole and at each of its many levels;

(4) conduct or participate in research in any instance where it finds that the research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional organizations for higher education, and other agencies and institutions, both public and private;

(5) formulate suggested policies and plans for the improvement of public education as a whole, or for any segment of public education, and make recommendations with respect to public education available to the appropriate governmental units, agencies, and public officers; and

(6) do other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to the compact.

ARTICLE V COOPERATION WITH FEDERAL GOVERNMENT

(1) If the laws of the United States specifically provide, or if administrative provision is made within the federal government, the United States may be represented on the commission by not more than 10 representatives. A representative of the United States must be appointed and serve in the manner as may be provided by federal law and may be drawn from any one or more branches of the federal government. A representative of the United States may not have a vote on the commission.

(2) The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states and may confer with any federal agencies or officers concerning any matter of mutual interest.

ARTICLE VI COMMITTEES

(1) To assist in the conduct of its business when the full commission is not meeting, the commission shall elect a steering committee that, subject to the provisions of this compact and consistent with the policies of the commission, is constituted and functions as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee must consist of governors, one-fourth must consist of legislators, and the remainder must consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but may not vote. The voting members of the steering committee shall serve a term of 2 years. The presiding officer, vice presiding officer, and treasurer of the commission must be members of the steering committee and, notwithstanding anything in this section to the contrary, shall serve during their continuance in these offices. Vacancies on the steering committee do not affect its authority to act, but the commission at its next regular meeting following the occurrence of any vacancy shall fill it for the unexpired term. A person may not serve more than two terms as a member of the steering committee, provided that service for a partial term of 1 year or less may not be counted toward the limitation.

(2) The commission may establish advisory and technical committees composed of state, local, or federal officers and private persons to advise it with respect to any one or more of its functions. An advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the states that have entered into this compact.

(3) The commission may establish any additional committees as its bylaws may provide.

ARTICLE VII FINANCE

(1) The commission shall advise the governor or designated officer of each state that has entered into this compact of its budget and estimated expenditures for any period as may be required by the laws of that state. Each of the commission's budgets of estimated expenditures must contain specific recommendations of the amount to be appropriated by each of the states.

(2) The total amount of appropriation requests under any budget must be apportioned among the states. In making the apportionment, the commission shall devise and employ a formula that takes equitable account of the population and per capita levels of income of the states.

(3) The commission may not pledge the credit of any state. The commission may meet any of its obligations in whole or in part with money available to it pursuant to Article III of this compact, provided that the commission takes specific action setting aside the money before incurring an obligation to be met in whole or in part in that manner. Except when the commission makes use of money available to it pursuant to Article III, the commission may not incur any obligation before receiving an allotment of money from the states that is adequate to meet the obligation.

(4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the procedures for audit and accounting established by its bylaws. However, all receipts and disbursements of money handled by the commission must be audited yearly by a qualified public accountant. The report of the audit must be included in and become part of the annual report of the commission.

(5) The accounts of the commission must be open at any reasonable time for inspection by officers of the states that have entered into this compact and by any other persons authorized by the commission.

(6) The provisions in this compact may not prohibit compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII ELIGIBLE PARTIES -- ENTRY INTO AND WITHDRAWAL

(1) This compact has as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. With respect to any jurisdiction not having a governor, the term "governor", as used in this compact, means the closest equivalent officer of the jurisdiction.

(2) Any state or other eligible jurisdiction may enter into this compact and it becomes binding when it is adopted by that state or jurisdiction, except that in order to enter into initial effect, adoption by at least 10 eligible jurisdictions is required.

(3) Any state may withdraw from this compact by enacting a statute repealing the compact, but withdrawal may not take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other states that have entered into this compact. Withdrawal does not affect any liability already incurred by or chargeable to a state before its withdrawal.

ARTICLE IX AMENDMENTS TO THE COMPACT

This compact may be amended by a vote of two-thirds of the members of the commission present and voting when ratified by the legislatures of two-thirds of the states that have entered into this compact.

ARTICLE X CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as to accomplish its purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional, or the application of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact may not be affected. If this compact is held to be contrary to the constitution of any state participating in the compact, the compact remains in effect as to the state affected as to all severable matters.
Mont. Code Ann. § 20-1-220 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-220
20-1-220 Use of marijuana and tobacco products in public school building or on public school property prohibited
Status: in_force

20-1-220 . Use of marijuana and tobacco products in public school building or on public school property prohibited. (1) An individual may not use a tobacco product, vapor product, marijuana product, or alternative nicotine product in a public school building or on public school property.

(2) (a) Subsection (1) does not apply to the use of a tobacco product, vapor product, marijuana product, or alternative nicotine product in a classroom or on other school property as part of a lecture, demonstration, or educational forum sanctioned by a school administrator or faculty member concerning the risks associated with use of a tobacco product, vapor product, marijuana product, or alternative nicotine product.

(b) Subsection (1) does not apply to the use of a smoking cessation product by an employee.

(3) The principal of an elementary or secondary school, or the principal's designee, may enforce this section.

(4) A violation of this section is subject to the penalties provided in 50-40-115 .

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

(a) "Alternative nicotine product" means a manufactured noncombustible product that contains nicotine derived from tobacco and that is intended for human consumption by being chewed, absorbed, dissolved, or ingested by any other means.

(b) (i) "Marijuana product" means a product that contains marijuana and is intended for use by a consumer.

(ii) The term includes but is not limited to edible products, ointments, tinctures, marijuana derivatives, marijuana concentrates, and marijuana intended for use by smoking or vaping.

(c) "Public school building" or "public school property":

(i) means public land, fixtures, buildings, or other property owned or occupied by an institution for the teaching of minor children that is established and maintained under the laws of the state of Montana at public expense; and

(ii) includes school playgrounds, school steps, parking lots, administration buildings, athletic facilities, gymnasiums, locker rooms, and school buses.

(d) "Tobacco product" means a substance intended for human consumption that contains tobacco, including cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.

(e) "Vapor product" means a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance. The term includes:

(i) an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device; and

(ii) a vapor cartridge or other container in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product and device.
Mont. Code Ann. § 20-9-432 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-432
20-9-432 Sale of school district bonds
Status: in_force

20-9-432 . Sale of school district bonds. (1) If the trustees conduct a public sale, the trustees shall meet at the time and place fixed in the notice to consider bids on the bond issue. The bonds must be sold at not less than the minimum bid specified for bonds with accrued interest to date of delivery, and each bidder shall specify the rate of interest and purchase price at which the bidder will purchase the bonds. The trustees shall accept the bid that they judge most advantageous to the school district. Consultant fees and attorney fees may be paid to any person or corporation for assisting in the proceedings, in the preparation of the bonds, or in negotiating the sale. The trustees are authorized to reject any bids and to sell the bonds at private sale if they consider it in the best interests of the school district, except that the bonds may not be sold at less than the minimum sale price with accrued interest to date of delivery.

(2) The trustees may cooperate and combine with other school districts within the same county for the purpose of preparing and negotiating the sale of bond issues if, in the opinion of the trustees, the cooperation or combination will facilitate the sale of school district bonds under more advantageous terms or with lower interest rates. However, bond issues prepared or negotiated for sale under this section may not be combined for any other purpose but must be entered separately on the books of the county treasurer and must be otherwise treated as separate bond issues.
Mont. Code Ann. § 20-7-1202 — MT Code / Title 20 / Chapter 7 / Part 12 / Section 20-7-1202
20-7-1202 Funding -- rulemaking authority
Status: in_force

20-7-1202 . Funding -- rulemaking authority. (1) (a) In addition to any amount appropriated to the Montana digital academy by the legislature, beginning July 1, 2016, school districts enrolling students at the digital academy shall pay to the digital academy any supplemental fee established by the digital academy that is required to pay for the prorated costs of course delivery that exceed the amount appropriated to the digital academy by the legislature. The fee must be established by the governing board of the digital academy by rule and must be commensurate with the costs of operating the digital academy that exceed the appropriation provided by the legislature.

(b) Fees collected under subsection (1)(a) may be spent only on the operating costs of the digital academy.

(c) The governing board of the digital academy shall adopt rules regarding the establishment of any fees required under subsection (1)(a).

(2) A school district is prohibited from charging a fee to a student who enrolls in a class provided by the Montana digital academy that the school district requires for graduation.
Mont. Code Ann. § 20-4-504 — MT Code / Title 20 / Chapter 4 / Part 5 / Section 20-4-504
20-4-504 Loan repayment assistance
Status: in_force

20-4-504 . Loan repayment assistance. (1) Loan repayment assistance may be provided on behalf of a quality educator who:

(a) is newly hired, with priority given to a quality educator newly hired in an impacted school pursuant to 20-4-503 ; and

(b) has an educational loan that is not in default and that has a minimum unpaid current balance of at least $1,000 at the time of application.

(2) A quality educator is eligible for state-funded loan repayment assistance for a lifetime total of no more than 3 years and an additional 1 year of loan repayment assistance voluntarily funded by the school or the district under which the school is operated, with the maximum annual loan repayment assistance not to exceed:

(a) $3,000 of state-funded loan repayment assistance after the first complete year of teaching;

(b) $4,000 of state-funded loan repayment assistance after the second complete year of teaching in the same school or another school within the same school district;

(c) $5,000 of state-funded loan repayment assistance after the third complete year of teaching in the same school or another school within the same school district; and

(d) up to $5,000 of loan repayment assistance funded by the school or the district under which the school is operated after the fourth complete year of teaching in the same school or another school within the same school district.

(3) If the funding for state-funded loan repayment assistance in any year is less than the total amount for which Montana quality educators qualify, the superintendent of public instruction shall prorate repayment assistance amounts as follows:

(a) The superintendent of public instruction shall prioritize repayment for quality educators working at impacted schools first. If there are funds remaining after allocating amounts to fully fund quality educators working in impacted schools pursuant to subsection (2), the superintendent of public instruction may award the remaining funds to quality educators who are working in schools that are not impacted schools and prorate the remaining funds if necessary. If the appropriated funds are insufficient to fully fund the amounts required for quality educators working in impacted schools, the superintendent of public instruction shall prorate the amounts as provided in subsection (3)(b).

(b) If the repayment assistance amount is insufficient to provide a full award to quality educators working in impacted schools, the superintendent of public instruction shall prorate the repayment assistance amount among only the quality educators working in impacted schools.
Mont. Code Ann. § 20-7-1304 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1304
20-7-1304 Youth athletes -- removal from participation following concussion -- medical clearance required before return to participation
Status: in_force

20-7-1304 . Youth athletes -- removal from participation following concussion -- medical clearance required before return to participation. (1) An athletic trainer, coach, or official shall remove a youth athlete from participation in any organized youth athletic activity at the time the youth athlete exhibits signs, symptoms, or behaviors consistent with a concussion.

(2) A youth athlete who has been removed from participation in an organized youth athletic activity after exhibiting signs, symptoms, or behaviors consistent with a concussion may not return to organized youth athletic activities until the youth athlete:

(a) no longer exhibits signs, symptoms, or behaviors consistent with a concussion; and

(b) receives an evaluation by a licensed health care professional and receives written clearance to return to play from the licensed health care professional. The written clearance must state:

(i) that the licensed health care professional has evaluated the youth athlete; and

(ii) that in the licensed health care professional's opinion, the youth athlete is capable of safely resuming participation in organized youth athletic activities.
Mont. Code Ann. § 20-7-431 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-431
20-7-431 Allowable cost schedule for special programs -- superintendent to make rules -- annual accounting
Status: in_force

20-7-431 . Allowable cost schedule for special programs -- superintendent to make rules -- annual accounting. (1) For the purpose of determining the allowable cost payment amount for special education as defined in 20-9-321 , the following allowable costs and reports must be reviewed by the superintendent of public instruction for the purposes of determining the amount of the allowable cost payment for special education payments and a district's special education expenditures:

(a) instruction: salaries, benefits, supplies, textbooks, and other expenses, including:

(i) the cost of salaries and benefits of special program teachers, regular program teachers, and teacher aides, corresponding to the working time that each person devotes to the special program;

(ii) the total cost of teaching supplies and textbooks for special programs;

(iii) the purchase, rental, repair, and maintenance of instructional equipment required to implement a student's individualized education program;

(iv) activities associated with teacher assistance teams that provide prereferral intervention;

(v) the cost of contracted services, including fees paid for professional advice and consultation regarding special students or the special program, and the delivery of special education services by public or private agencies;

(vi) transportation costs for special education instructional personnel who travel on an itinerant basis from school to school or district to district or to in-state evaluation team meetings or in-state individualized education program meetings;

(b) related services, including:

(i) the cost of salaries and benefits of professional supportive personnel, corresponding to the working time that each person devotes to the special program. Professional supportive personnel may include special education supervisors, speech-language pathologists, audiologists, counselors, social workers, psychologists, psychometrists, physicians, nurses, and physical and occupational therapists.

(ii) the cost of salaries and benefits of clerical personnel who assist professional personnel in supportive services, corresponding to the working time that each person devotes to the special program;

(iii) the cost of supplies for special programs;

(iv) activities associated with teacher assistance teams that provide prereferral interventions;

(v) the cost of contracted services, including fees paid for professional advice and consultation regarding special students or the special program, and the delivery of special education services by public or private agencies;

(vi) transportation costs for special education-related services personnel who travel on an itinerant basis from school to school or district to district or to in-state evaluation team meetings or in-state individualized education program meetings;

(vii) equipment purchase, rental, repair, and maintenance required to implement a student's individualized education program;

(viii) the additional cost of special education cooperatives or joint boards, including operation and maintenance, travel, recruitment, and administration.

(2) The superintendent of public instruction shall adopt rules in accordance with the policies of the board of public education for keeping necessary records for supportive and administrative personnel and any personnel shared between special and regular programs.

(3) An annual accounting of all expenditures of school district general fund money for special education must be made by the district trustees on forms furnished by the superintendent of public instruction. The superintendent of public instruction shall make rules for the accounting.

(4) Allowable costs prescribed in this section do not include the costs of the teachers' retirement system, the public employees' retirement system, or the federal social security system or the costs for unemployment compensation insurance.

(5) Notwithstanding other provisions of the law, the superintendent of public instruction may not approve an allowable cost payment amount for special education that exceeds legislative appropriations. However, any unexpended balance from the first year of a biennial appropriation may be spent in the second year of the biennium in addition to the second year appropriation.
Mont. Code Ann. § 20-25-309 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-309
20-25-309 Exemption from state construction and contract laws for certain university projects
Status: in_force

20-25-309 . Exemption from state construction and contract laws for certain university projects. (1) The board of regents may lease land or land and facilities to a private nonprofit foundation organized to solicit, manage, and administer nonstate funds, gifts, grants, donations, in-kind contributions, and revenue on behalf of a unit of the Montana university system for the purpose of constructing or renovating athletic facilities. The terms, guaranties, and agreements relating to a facility subject to this subsection must be negotiated in the best interests of the state and must include guarantees that a commitment of state appropriations for design, construction, operations, or maintenance is not expressed or implied. The terms, guaranties, and agreements are subject to review and approval by the board of regents. After approval, the board of regents shall submit a report to the budget director certifying that the conditions of this subsection have been satisfied.

(2) The design and construction of projects pursuant to subsection (1) are not subject to the requirements of Title 18, chapters 2 and 8, except that:

(a) the department of administration shall execute the provisions of 18-2-103 (1)(a) and (1)(e); and

(b) the provisions of Title 18, chapter 2, part 4, apply to all labor other than donated labor.