Mont. Code Ann. § 20-9-104 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-104
20-9-104 General fund operating reserve
Status: reserved

20-9-104 . (Temporary) General fund operating reserve. (1) At the end of each school fiscal year, the trustees of each district shall designate the portion of the general fund end-of-the-year fund balance that is to be earmarked as operating reserve for the purpose of paying general fund warrants issued by the district from July 1 to November 30 of the ensuing school fiscal year. Except as provided in subsections (6) and (7), the amount of the general fund balance that is earmarked as operating reserve may not exceed 10% of the final general fund budget for the ensuing school fiscal year.

(2) The amount held as operating reserve may not be used for property tax reduction in the manner permitted by 20-9-141 (1)(b) for other receipts.

(3) Excess reserves as provided in subsection (6) may be appropriated to reduce the BASE budget levy or the over-BASE budget levy.

(4) Except as provided in subsection (9), any portion of the general fund end-of-the-year fund balance, including any portion attributable to a tax increment remitted under 7-15-4286 (3) or 7-15-4291 , that is not reserved under subsection (2) or reappropriated under subsection (3) is fund balance reappropriated and must be used for property tax reduction as provided in 20-9-141 (1)(b) up to an amount not exceeding 15% of a school district's maximum general fund budget.

(5) Except as provided in subsection (9), any unreserved fund balance in excess of 15% of a school district's maximum general fund budget must be remitted to the state and allocated as follows:

(a) 70% of the excess amount must be remitted to the state to be deposited in the guarantee account provided for in 20-9-622 ; and

(b) 30% of the excess amount must be remitted to the school facility and technology account.

(6) The limitation of subsection (1) does not apply when the amount in excess of the limitation is equal to or less than the unused balance of any amount:

(a) received in settlement of tax payments protested in a prior school fiscal year;

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

(c) received in delinquent taxes from a prior school fiscal year.

(7) The limitation of subsection (1) does not apply when the amount earmarked as operating reserve is $10,000 or less.

(8) Any amounts remitted to the state under subsection (5) are not considered expenditures to be applied against budget authority.

(9) Any portion of a tax increment remitted under 7-15-4286 (3) or 7-15-4291 and deposited in the district's general fund is not subject to the:

(a) 15% fund balance limit provided for in subsection (4); or

(b) provisions of subsection (5).
Mont. Code Ann. § 20-26-1503 — MT Code / Title 20 / Chapter 26 / Part 15 / Section 20-26-1503
20-26-1503 Use of incentive for physicians practicing in rural areas or medically underserved areas or for underserved populations state special revenue account
Status: in_force

20-26-1503 . Use of incentive for physicians practicing in rural areas or medically underserved areas or for underserved populations state special revenue account. (1) The state special revenue account established in 20-26-1501 is statutorily appropriated, as provided in 17-7-502 , to the board of regents to be used to pay:

(a) the educational debts of physicians who practice in rural areas or medically underserved areas or for medically underserved populations of the state that demonstrate a need for assistance in physician recruitment; and

(b) the expenses of administering the incentive program. The expenses of administering the program may not exceed 10% of the annual fees assessed pursuant to 20-26-1502 .

(2) The board of regents shall establish procedures for determining rural areas and medically underserved areas or populations of the state that qualify for assistance in physician recruitment. An eligible area or eligible population must demonstrate that a physician shortage exists or that the area or population has been unsuccessful in recruiting physicians in other ways.

(3) A physician from an area or serving a population determined to be eligible under subsection (2) may apply to the board of regents for payment of an educational debt directly related to a professional school, as provided in subsection (4). Physicians who have paid the fee authorized in 20-25-810 or 20-26-1502 must be given a preference over other applicants. To receive the educational debt payments, the physician shall sign an annual contract with the board of regents. The contract must provide that the physician is liable for the payments if the physician ceases to practice in the eligible area or serve the eligible population during the contract period.

(4) The maximum amount of educational debt payment that a physician practicing in a rural area or medically underserved area or for a medically underserved population may receive is $150,000 over a 5-year period or a proportionally reduced amount for a shorter period.

(5) The amount contractually committed in a year may not exceed the annual amount deposited in the state special revenue account established in 20-26-1501 .
Mont. Code Ann. § 20-9-503 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-503
20-9-503 Budgeting, tax levy, and use of building reserve fund
Status: in_force

20-9-503 . Budgeting, tax levy, and use of building reserve fund. (1) Whenever an annual building reserve authorization to budget is available to a district, the trustees shall include the authorized amount in the building reserve fund of the final budget. The county superintendent shall report the amount as the building reserve fund levy requirement to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values, and a levy on the district must be made by the county commissioners in accordance with 20-9-142 .

(2) The trustees of any district maintaining a building reserve fund may:

(a) pledge the revenue from the building reserve fund levy for up to 15 years to repay loans used only for projects authorized by the electors of the district pursuant to 20-9-502 .

(b) expend money from the fund for the purpose or purposes for which it was authorized without the specific expenditures being included in the final budget when, in their discretion, there is a sufficient amount of money to begin the authorized projects. The expenditures may not invalidate the district's authority to continue the annual imposition of the building reserve taxation authorized by the electors of the district.

(3) Whenever there is money credited to the building reserve fund for which there is no immediate need, the trustees may invest the money in accordance with 20-9-213 (4). The interest earned from the investment must be credited to the building reserve fund or the debt service fund, at the discretion of the trustees, and expended for any purpose authorized by law for the fund.
Mont. Code Ann. § 20-7-1310 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1310
20-7-1310 Youth suicide awareness and prevention training
Status: in_force

20-7-1310 . Youth suicide awareness and prevention training. (1) This section may be cited as the "Suicide Awareness and Prevention Training Act".

(2) The office of public instruction shall provide guidance and technical assistance to Montana schools on youth suicide awareness and prevention training materials. All training materials offered must be approved by the office of public instruction, meet the standards for professional development in the state, and be periodically reviewed by a qualified person or committee for consistency with generally accepted principles of youth suicide awareness and prevention training. The office of public instruction, in consultation with the department of public health and human services, shall ensure low-cost and no-cost training options for schools.

(3) Youth suicide awareness and prevention training must be made available annually to each employee of a school district and to staff of the office of public instruction who work directly with any students enrolled in Montana public schools. The training must be provided at no cost to the employee. The training may be offered through any method of training identified in subsection (4).

(4) Employees under subsection (3) shall take at least 1 hour of youth suicide awareness and prevention training every 3 years. Appropriate methods for delivery of the training include:

(a) in-person attendance at a live training;

(b) videoconference;

(c) an individual program of study of designated materials;

(d) self-review modules available online; and

(e) any other method chosen by the local school board that is consistent with professional development standards.

(5) The trustees of a school district shall establish policies, procedures, or plans related to suicide prevention and response. The policies, procedures, or plans must include a description of the youth suicide awareness and prevention training requirements for school district employees pursuant to subsections (3) and (4).

(6) No cause of action may be brought for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training or lack of training related to this section. Nothing in this section may be construed to impose a specific duty of care.
Mont. Code Ann. § 20-9-348 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-348
20-9-348 Estimation of state equalization aid for budget purposes
Status: in_force

20-9-348 . Estimation of state equalization aid for budget purposes. The apportionment of state equalization aid shall be the second source of revenue in calculating the financing of the elementary district BASE funding program and the high school district BASE funding program. In order to allow for the estimation of the amount of money to be realized from this source of revenue when the county superintendent is estimating the general fund budget revenues, the county superintendent shall consider that the state BASE funding program revenues and county equalization moneys, together, will be capable of financing 100% of the BASE funding program.
Mont. Code Ann. § 20-20-103 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-103
20-20-103 Election by ballot
Status: in_force

20-20-103 . Election by ballot. All school elections shall be by ballot.
Mont. Code Ann. § 20-7-713 — MT Code / Title 20 / Chapter 7 / Part 7 / Section 20-7-713
20-7-713 Adult education fund operating reserve
Status: in_force

20-7-713 . Adult education fund operating reserve. At the end of each school fiscal year, the trustees of a school district that operates an adult education program may designate the portion of the adult education end-of-the-year fund balance that is to be earmarked as operating reserve for the purpose of paying, whenever a cash flow shortage occurs, adult education fund warrants issued by the district from July 1 through June 30 of the ensuing school fiscal year. The amount of the adult education fund balance that is earmarked as operating reserve may not exceed 35% of the final adult education fund budget for the ensuing school fiscal year.
Mont. Code Ann. § 20-5-112 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-112
20-5-112 Participation in extracurricular activities
Status: in_force

20-5-112 . Participation in extracurricular activities. (1) (a) Except as provided in subsection (1)(b), a school district or an athletic association, conference, or organization with authority over interscholastic sports may not prohibit or restrict the ability of a student attending a nonpublic or home school meeting the requirements of 20-5-109 from participating in extracurricular activities at a school in the student's resident school district solely on the student's enrollment at the public school or on the number of hours the student physically attends the public school.

(b) A school district or an athletic association, conference, or organization with authority over interscholastic sports may prohibit or restrict the participation in extracurricular activities of a student attending a home school based on one or both of the following factors:

(i) the student's status as a United States citizen; and

(ii) the student's status as a Montana resident, as determined under the provisions of 1-1-215 .

(2) Except as provided in subsections (1) and (3), a student attending a nonpublic or home school who participates in extracurricular activities at a public school is subject to:

(a) the same standards for participation as those required of full-time students enrolled in the school;

(b) the same rules of any interscholastic organization of which the school of participation is a member.

(3) (a) The academic eligibility for extracurricular participation for a student attending a nonpublic school must be attested by the head administrator of the nonpublic school.

(b) The academic eligibility for extracurricular participation for a student attending a home school must be attested in writing by the educator providing the student instruction with verification by the school principal. The verification may not include any form of student assessment.
Mont. Code Ann. § 20-7-102 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-102
20-7-102 Accreditation of schools
Status: in_force

20-7-102 . Accreditation of schools. (1) The conditions under which each elementary school, each middle school, each junior high school, 7th and 8th grades funded at high school rates, and each high school operates must be reviewed by the superintendent of public instruction to determine compliance with the standards of accreditation. The accreditation status of each school must then be established by the board of public education upon the recommendation of the superintendent of public instruction. Notification of the accreditation status for the applicable school year or years must be given to each district by the superintendent of public instruction.

(2) A school may be accredited for a period consisting of 1, 2, 3, 4, or 5 school years, except that multiyear accreditation may be granted only to schools that are in compliance with 20-4-101 .

(3) A nonpublic school may, through its governing body, request that the board of public education accredit the school. Nonpublic schools may be accredited in the same manner as provided in subsection (1).

(4) As used in this section, "7th and 8th grades funded at high school rates" means an elementary school district or K-12 district elementary program whose 7th and 8th grades are funded as provided in 20-9-306 .
Mont. Code Ann. § 20-1-501 — MT Code / Title 20 / Chapter 1 / Part 5 / Section 20-1-501
20-1-501 Recognition of American Indian cultural heritage -- legislative intent
Status: in_force

20-1-501 . Recognition of American Indian cultural heritage -- legislative intent. (1) It is the constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American Indians and to be committed in its educational goals to the preservation of their cultural heritage.

(2) It is the intent of the legislature that in accordance with Article X, section 1(2), of the Montana constitution:

(a) every Montanan, whether Indian or non-Indian, learn about the distinct and unique heritage of American Indians in a culturally responsive manner; and

(b) every educational agency work in consultation with Montana tribes or those tribes that are in close proximity, when providing instruction or when implementing an educational goal or adopting a rule related to the education of each Montana citizen, to include information specific to the cultural heritage and contemporary contributions of American Indians, with particular emphasis on Montana Indian tribal groups and governments.

(3) It is also the intent of this part, predicated on the belief that all school personnel should have an understanding and awareness of Indian tribes to help them relate effectively with Indian students and parents, that educational agencies provide means by which school personnel will gain an understanding of and appreciation for the American Indian people.
Mont. Code Ann. § 20-6-314 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-314
20-6-314 Time limitations for boundary changes
Status: in_force

20-6-314 . Time limitations for boundary changes. A high school district may not be created and a high school district boundary may not be changed between the first day of January and the fourth Monday of August of any calendar year except when:

(1) the entire territory of a high school district is annexed or attached to another high school district;

(2) the entire territory or portion of a joint high school district located in one county is annexed or attached to another high school district; or

(3) two or more districts are reorganized in their entirety.
Mont. Code Ann. § 20-9-444 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-444
20-9-444 Liability of officers for failure to provide fund for payment of bonds
Status: in_force

20-9-444 . Liability of officers for failure to provide fund for payment of bonds. When the trustees of a school district are required by law to provide, by a levy of taxes or by certifying the amount of money required or otherwise, a sinking fund or fund required to pay at maturity any bonds issued or created after February 6, 1923, such trustees are jointly and severally liable to the school district which they represent if they fail to perform any duties so required by law, as specified in this section, in an amount equal to the sum which would have been added to such fund had they performed such duty. However, whenever any such board of trustees fails or neglects to perform any such duty, no minority member of the board who moved the board or voted in favor of performance of such duty may be held liable.
Mont. Code Ann. § 20-15-311 — MT Code / Title 20 / Chapter 15 / Part 3 / Section 20-15-311
20-15-311 Funding sources
Status: in_force

20-15-311 . Funding sources. (1) The annual current fund budget of a community college district created on or after January 1, 2021, may be financed from the following sources:

(a) the estimated revenue to be realized from student tuition and fees, except revenue related to community service courses, as defined by the board of regents;

(b) the state general fund appropriation pursuant to 20-15-310 ;

(c) the operating levy pursuant to 20-15-316 ;

(d) all other income, revenue, balances, or reserves not restricted by a source outside the community college district to a specific purpose;

(e) income, revenue, balances, or reserves restricted by a source outside the community college district to a specific purpose. Student fees paid for community service courses, as defined by the board of regents, are considered restricted to a specific purpose.

(f) income from a political subdivision that is designated a community college service region under 20-15-241 .

(2) The annual current fund budget of a community college district created prior to January 1, 2021, may be financed from the following sources:

(a) the estimated revenue to be realized from student tuition and fees, except revenue related to community service courses, as defined by the board of regents;

(b) the state general fund appropriation pursuant to 20-15-310 ;

(c) subject to 15-10-420 , a mandatory mill levy on the community college district;

(d) pursuant to 20-9-501 , a retirement levy;

(e) pursuant to 2-9-212 , a levy for employer contributions to group benefits plans;

(f) subject to 15-10-420 , the adult education levy authorized under 20-15-305 ;

(g) an optional voted levy on the community college district that must be submitted to the electorate in accordance with general school election laws and 15-10-425 ;

(h) all other income, revenue, balances, or reserves not restricted by a source outside the community college district to a specific purpose;

(i) income, revenue, balances, or reserves restricted by a source outside the community college district to a specific purpose. Student fees paid for community service courses, as defined by the board of regents, are considered restricted to a specific purpose.

(j) income from a political subdivision that is designated a community college service region under 20-15-241 .
Mont. Code Ann. § 20-6-625 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-625
20-6-625 Authorization to lease buildings or land for school purposes
Status: in_force

20-6-625 . Authorization to lease buildings or land for school purposes. The trustees of any district may lease buildings or land suitable for school purposes when it is within the best interests of the district to lease the buildings or land from the county, municipality, another district, or any person. The term of the lease may not exceed 15 years unless prior approval of the qualified electors of the district is obtained in the manner prescribed by law for school elections, in which case the lease may be for a term approved by the qualified electors, but not exceeding 99 years. Whenever the lease is for a period of time that is longer than the current school fiscal year, the lease requirements for the succeeding school fiscal years shall be an obligation of the final budgets for such years.
Mont. Code Ann. § 20-2-111 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-111
20-2-111 Officers of boards -- quorum
Status: in_force

20-2-111 . Officers of boards -- quorum. (1) The board of public education and the board of regents may each select a presiding officer from among their appointed members.

(2) The executive secretary shall serve as secretary to the board of public education, and the commissioner of higher education serves as secretary to the board of regents.

(3) A majority of the appointed members of each board constitutes a quorum for the transaction of business.

(4) The executive secretary shall serve as a liaison between the board of public education and the superintendent of public instruction and shall carry out other duties as assigned by the board of public education.
Mont. Code Ann. § 20-9-622 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-622
20-9-622 Guarantee account
Status: in_force

20-9-622 . Guarantee account. (1) There is a guarantee account in the state special revenue fund. The guarantee account is intended to:

(a) stabilize the long-term growth of the permanent fund; and

(b) maintain a constant and increasing distributable revenue stream. All realized capital gains and all distributable revenue must be deposited in the guarantee account. The guarantee account is statutorily appropriated, as provided in 17-7-502 , for distribution to school districts as the first source of funding for state equalization aid as provided in 20-9-343 .

(2) Any excess interest and income revenue, as defined in 20-9-342 , that is deposited in the guarantee account for distribution under this section must be transferred to the school facility and technology account provided for in 20-9-516 .
Mont. Code Ann. § 20-3-325 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-325
20-3-325 Clerk of district
Status: in_force

20-3-325 . Clerk of district. (1) As provided in 20-3-321 , the trustees shall employ and appoint a clerk of the district. The clerk of the district shall attend all meetings of the trustees to keep an accurate and permanent record of all the proceedings of each meeting. If the clerk is not present at a meeting, the trustees must have one of their members or a district employee act as clerk for the meeting, and that person shall supply the clerk with a certified copy of the proceedings. The clerk of the district must be the custodian of all documents, records, and reports of the trustees. Unless the trustees provide otherwise, the clerk shall:

(a) keep an accurate and detailed accounting record of all receipts and expenditures of the district in accordance with the financial administration provisions of this title; and

(b) prepare the annual trustees' report required under the provisions of 20-9-213 .

(2) The clerk of the district shall provide the county treasurer with 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. If the clerk of the district fails to provide the required 30-hour notice, the district must be assessed a fee equal to any charges demanded by the state investment pool or other permissible investment manager for improperly noticed withdrawal of funds.

(3) In order to qualify for the payment provided in 20-9-327 , a clerk of the district must have a job description that includes performance of the following functions for the district:

(a) advise the trustees on financial and operational constraints as outlined by law;

(b) serve as a member of the administrative team, working closely with the district superintendent and other administrative staff to align the educational goals and financial stability of the district;

(c) assist the trustees in ensuring all district policies comply with local, state, and federal laws;

(d) attend trustees' meetings and ensure that a permanent record is maintained as required by law and, if unable to attend, ensure a qualified designee maintains an accurate permanent record;

(e) act as the custodian of all documents, records, and reports of the trustees, including the trustees' report required under 20-9-213 ;

(f) maintain accurate and detailed accounting records of all financial transactions of the district, serving as a liaison during any financial and labor audits, as required; and

(g) serve as the election administrator for the district unless the county administers an election at the request of the district.
Mont. Code Ann. § 20-7-452 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-452
20-7-452 Detailed contents of full service education cooperative contracts
Status: in_force

20-7-452 . Detailed contents of full service education cooperative contracts. The contract authorized in 20-7-451 may include all necessary and proper matters but must specify the following:

(1) its duration, which may not be less than 3 years for purposes of providing special education services;

(2) the precise organization, composition, and nature of the cooperative;

(3) the purpose of the cooperative;

(4) the manner of financing the cooperative and establishing and maintaining a budget for the cooperative;

(5) the permissible method to be employed in accomplishing the partial or complete termination of the cooperative agreement and for disposing of property upon partial or complete termination;

(6) provision for a management board that is responsible for administering the cooperative and that is comprised of trustees of the contracting districts or their authorized representatives;

(7) the manner of acquiring, holding, and disposing of real and personal property used by the cooperative;

(8) any other necessary and proper matters.
Mont. Code Ann. § 20-9-505 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-505
20-9-505 Purpose and establishment of nonoperating fund
Status: in_force

20-9-505 . Purpose and establishment of nonoperating fund. (1) The trustees of a district that will not operate a school during the ensuing school fiscal year shall establish a nonoperating fund on the first day of the school fiscal year. In establishing the nonoperating fund, the trustees shall cause the transfer of the end-of-the-year fund balance of each fund maintained by the district during the immediately preceding school fiscal year to the nonoperating fund. However, fund balances of the debt service fund and the miscellaneous programs fund, if any, must be maintained in their individual funds.

(2) The trustees of a district establishing a nonoperating fund for the first year of nonoperation may earmark a portion of the nonoperating fund balance as a nonoperating fund operating reserve when they anticipate the reopening of a school in the following school fiscal year. The operating reserve may not be more than the general fund operating reserve designated for the immediately preceding school fiscal year. If a school is not operated in the following school fiscal year, the authority of the trustees to earmark a nonoperating fund operating reserve terminates and the money earmarked as an operating reserve must be used to reduce the levy requirement of the nonoperating fund. If the trustees acquire approval to reopen a school in the following school fiscal year under the provisions of 20-6-502 or 20-6-503 and operate the school, the nonoperating fund operating reserve must be restored as the general fund operating reserve.

(3) The purpose of the nonoperating fund is to centralize the financing and budgeting for the limited functions of a district not operating a school. The functions include:

(a) tuition obligations to other districts;

(b) transportation of the resident pupils;

(c) maintenance of district-owned property; and

(d) any other nonoperating school function of the district considered necessary by the trustees or required by law.

(4) Any expenditure of nonoperating fund money must be made in accordance with the financial administration provisions of this title for a budgeted fund.
Mont. Code Ann. § 20-9-507 — MT Code / Title 20 / Chapter 9 / Part 5 / Section 20-9-507
20-9-507 Miscellaneous programs fund
Status: in_force

20-9-507 . Miscellaneous programs fund. (1) The trustees of a district receiving money from local, state, federal, or other sources provided in 20-5-324 , other than money under the provisions of impact aid, as provided in 20 U.S.C. 7701, et seq., or federal money designated for deposit in a specific fund of the district, shall establish a miscellaneous programs fund for the deposit of the money. The money may be a reimbursement of miscellaneous program fund expenditures already realized by the district, indirect cost recoveries, or a grant of money for the financing of expenditures to be realized by the district for a special, approved program to be operated by the district. When the money is a reimbursement, the money may be expended at the discretion of the trustees for school purposes. When the money is a grant, the money must be expended according to the conditions of the program approval by the superintendent of public instruction or any other approval agent. Within the miscellaneous programs fund, the trustees shall maintain a separate accounting for each local, state, or federal grant project and the indirect cost recoveries.

(2) The financial administration of the miscellaneous programs fund must be in accordance with the financial administration provisions of this title for a nonbudgeted fund.
Mont. Code Ann. § 20-9-404 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-404
20-9-404 Contracts and bonds for joint construction
Status: in_force

20-9-404 . Contracts and bonds for joint construction. (1) The trustees of a school district may enter into a contract with the trustees of any school district within the county, with any school district in an adjoining county, with the governing body of another political subdivision within the county in which the school district is located, or with the governing body of a political subdivision of a county adjoining the school district to provide for the joint construction of a facility upon terms and conditions mutually agreed upon between the districts.

(2) The trustees of any district executing a contract in accordance with this section may levy taxes and issue bonds for the purpose of constructing the facilities authorized by this section.
Mont. Code Ann. § 20-9-236 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-236
20-9-236 Transfer of funds -- improvements to school safety and security
Status: in_force

20-9-236 . Transfer of funds -- improvements to school safety and security. (1) A school district that has certified to the office of public instruction a current school safety plan or emergency operations plan pursuant to 20-1-401 may transfer state or local revenue from any budgeted or nonbudgeted fund, other than the debt service fund or retirement fund, to its building reserve fund in an amount not to exceed the school district's estimated costs of improvements to school and student safety and security as follows:

(a) planning for improvements to and maintenance of school and student safety, including but not limited to the cost of staffing for or services provided by architects, engineers, school resource officers, counselors, and other staff or consultants assisting the district with improvements to school and student safety and security;

(b) programs and training for school employees, students, parents, and community members approved by the trustees to support school and student safety and security, including but not limited to active shooter training, threat assessment practices pursuant to 20-1-401 (3)(b), and restorative justice;

(c) installing or updating locking mechanisms and ingress and egress systems at public school access points, including but not limited to systems for exterior egress doors and interior passageways and rooms, using contemporary technologies;

(d) installing or updating bullet-resistant windows and barriers;

(e) installing or updating emergency response systems using contemporary technologies; and

(f) providing automated external defibrillators and making other student safety improvements pursuant to 20-7-1339 .

(2) Any transfers made pursuant to subsection (1) are not considered expenditures to be applied against budget authority. Any revenue transfers that are not encumbered for expenditures in compliance with subsection (1) 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.

(3) The intent of this section is to increase the flexibility and efficiency of school districts without an increase in local taxes. In furtherance of this intent, if transfers of funds are made from any school district fund supported by a nonvoted levy, the district may not increase its nonvoted levy for the purpose of restoring the transferred funds.
Mont. Code Ann. § 20-20-102 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-102
20-20-102 Precedence of school election provisions
Status: in_force

20-20-102 . Precedence of school election provisions. Except as otherwise provided in this title, school elections shall be conducted and canvassed and the results shall be returned in the same manner as provided for general elections in Title 13. Should there be a conflict between the requirements of Title 13 and the provisions of this title regulating school elections, the provisions of this title shall govern. The superintendent of public instruction may make any necessary rules to clarify Title 13 provisions for use in school elections.
Mont. Code Ann. § 20-26-1106 — MT Code / Title 20 / Chapter 26 / Part 11 / Section 20-26-1106
20-26-1106 No state obligation
Status: in_force

20-26-1106 . No state obligation. The legislature is not obligated to appropriate any money to pay for student loan defaults. For the purpose of the student loan program, neither the board nor the agency may obligate the credit of the state.
Mont. Code Ann. § 20-26-622 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-622
20-26-622 Purpose
Status: in_force

20-26-622 . Purpose. The purpose of 20-26-621 through 20-26-623 is to increase college affordability and attainment for and decrease the amount of college debt incurred by Montana residents who utilize community and tribal colleges and 2-year institutions of the Montana university system.
Mont. Code Ann. § 20-5-107 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-107
20-5-107 Incapacitated and indigent child attendance
Status: in_force

20-5-107 . Incapacitated and indigent child attendance. In lieu of the provisions of 20-5-106 and when an attendance officer is satisfied that a pupil or a child subject to compulsory attendance is not able to attend school because the child does not have the physical capacity or the child is absolutely required to work at home or elsewhere in order to provide support for the child or the child's family, the attendance officer shall report the case to the authorities charged with the relief of the poor. The welfare authorities shall offer relief that will enable the child to attend school. If the parent, guardian, or other person who is responsible for the care of the child denies or neglects the assistance offered to enable the child to attend school, the child must be committed to a state institution, at the discretion of the court.
Mont. Code Ann. § 20-3-309 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-309
20-3-309 Filling vacated trustee position -- appointee qualification and term of office
Status: in_force

20-3-309 . Filling vacated trustee position -- appointee qualification and term of office. (1) Whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare the position vacant and they shall appoint, in writing within 60 days, a competent person as a successor. The trustees shall notify the appointee and the county superintendent of the appointment. If the trustees do not make the appointment within the 60-day period, the county superintendent shall appoint, in writing, a competent person as a successor and notify the person of the appointment.

(2) A person who has been appointed to a trustee position shall qualify by completing and filing an oath of office with the county superintendent within 15 days after receiving notice of appointment. Failure to file the oath of office constitutes a continuation of the trustee position vacancy that must be filled under the provisions of this section.

(3) A person assuming a trustee position under the provisions of this section shall serve until the next regular school election and until a successor has qualified.
Mont. Code Ann. § 20-25-440 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-440
20-25-440 Honors college program building
Status: in_force

20-25-440 . Honors college program building. The university of Montana-Missoula may construct an honors college program building costing up to $2 million to be financed with private funds. The department of administration shall administer the construction project.
Mont. Code Ann. § 20-1-203 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-203
20-1-203 Delivering items to successor
Status: in_force

20-1-203 . Delivering items to successor. Whenever any member of the trustees, superintendent, principal, or clerk of the district is replaced by election or otherwise, the person shall immediately deliver all books, papers, and money pertaining to the position to the person's successor. Any person who refuses to do so or who knowingly destroys any material or misappropriates any money entrusted to the person is guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not more than $100.
Mont. Code Ann. § 20-10-201 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-201
20-10-201 Acceptance, expenditure, and administration of federal school food services money
Status: in_force

20-10-201 . Acceptance, expenditure, and administration of federal school food services money. (1) The superintendent of public instruction is authorized to accept and direct the disbursement of funds appropriated by act of congress and apportioned to the state for use in financing school food services. This authorization applies to federal funds available for school food services under the National School Lunch Act (Public Law 396, 79th congress, chapter 281, 2nd session), Child Nutrition Act of 1966 (Public Law 642, 89th congress), any amendments to these public laws, and any other public laws enacted to provide assistance for school food services.

(2) The superintendent of public instruction shall deposit all federal funds for school food services with the state treasurer who shall credit the funds to the federal special revenue fund. Any disbursement of the federal school food services funds must be directed by the superintendent of public instruction.

(3) The superintendent of public instruction may:

(a) enter into agreements and cooperate with any federal agency, district, or other agency or person, prescribe regulations, employ personnel, and take any other action that the superintendent of public instruction may consider necessary to:

(i) provide for the establishment, operation, and expansion of school food services; and

(ii) disburse federal and state funds according to the requirements of federal and state law;

(b) give technical advice and assistance to any district establishing or operating school food services and assist in the training of personnel for the services;

(c) accept any gift for use in providing school food services;

(d) conduct studies of methods of improving and expanding school food services and appraise the nutritive benefits of school food services.

(4) The superintendent of public instruction shall report annually to the board of public education on the financial, administrative, and operational phases of school food services.
Mont. Code Ann. § 20-25-403 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-403
20-25-403 State not obligated
Status: in_force

20-25-403 . State not obligated. No obligation created under this chapter shall ever become a charge against the state of Montana, and all such obligations, including principal and interest, shall be payable solely from the sources authorized in this chapter.
Mont. Code Ann. § 20-25-1319 — MT Code / Title 20 / Chapter 25 / Part 13 / Section 20-25-1319
20-25-1319 Independent dispute resolution procedure -- exemptions
Status: in_force

20-25-1319 . Independent dispute resolution procedure -- exemptions. (1) To initiate a dispute resolution procedure under 20-25-1315 through 20-25-1320 , the parties shall file a written notice of dispute with the insurance commissioner.

(2) Except as provided in subsection (3), within 30 days after the date of receipt of the notice of dispute, and if no independent reviewer is mutually agreed to by the insurer or health plan and air ambulance service under subsection (3), the insurance commissioner shall appoint an independent reviewer having the qualifications listed in 20-25-1320 . The insurance commissioner shall select an independent reviewer randomly from a list established under 20-25-1320 .

(3) The insurer or health plan and air ambulance provider may by mutual agreement select an independent reviewer. The parties shall notify the insurance commissioner of the mutually agreed independent reviewer prior to the appointment of an independent reviewer under subsection (2).

(4) An independent reviewer's sole substantive determination under this part is the fair market price of the services that are the subject of the claim.

(5) The independent reviewer may make procedural rulings necessary to regulate the proceedings.

(6) The factors to be used in the independent reviewer's determination are:

(a) the training, qualifications, and composition of the air ambulance service personnel;

(b) the fees for rotor wing or fixed wing services originating or provided entirely within the state of Montana that are:

(i) usually charged by the air ambulance service in Montana;

(ii) usually accepted as payment in full by the air ambulance service in Montana;

(iii) usually charged by other air ambulance services doing business in Montana;

(iv) usually accepted as payment in full by other air ambulance services doing business in Montana; and

(v) usually paid by the insurer or health plan for the service provided in Montana;

(c) whether the air ambulance service was provided in a rural or urban context;

(d) the applicable medicare rate of payment for the services that are the subject of the claim; and

(e) any other factors the independent reviewer determines to be relevant in determining fair market price in accordance with established precedent.

(7) Participation in a dispute resolution procedure under 20-25-1318 through 20-25-1320 exempts an insurer from 33-18-201 (6) and (8) and 33-18-232 (2).
Mont. Code Ann. § 20-3-311 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-311
20-3-311 Trustee travel reimbursement and compensation of secretary for joint board
Status: in_force

20-3-311 . Trustee travel reimbursement and compensation of secretary for joint board. The members of the trustees of any district may not receive compensation for their services as trustees, except that the secretary of the trustees of a high school district operating a county high school or the secretary of a joint board of trustees may be compensated for services as the secretary. The members of the trustees who reside over 3 miles from the trustees' meeting place must be reimbursed at the rate as provided in 2-18-503 for every mile necessarily traveled between their residence and the meeting place and return in attending the regular and special meetings of the trustees, and all trustees must be similarly reimbursed for meetings called by the county superintendent. The travel reimbursement may be accumulated during the school fiscal year and paid at the end of the fiscal year, at the discretion of each trustee.
Mont. Code Ann. § 20-2-121 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-121
20-2-121 Board of public education -- powers and duties
Status: in_force

20-2-121 . Board of public education -- powers and duties. The board of public education shall:

(1) effect an orderly and uniform system for teacher certification and specialist certification and for the issuance of an emergency authorization of employment by adopting the policies prescribed by 20-4-102 and 20-4-111 ;

(2) consider the suspension or revocation of teacher or specialist certificates and appeals from the denial of teacher or specialist certification in accordance with the provisions of 20-4-110 ;

(3) administer and order the distribution of BASE aid in accordance with the provisions of 20-9-344 ;

(4) adopt and enforce policies to provide uniform standards and regulations for the design, construction, and operation of school buses in accordance with the provisions of 20-10-111 ;

(5) adopt policies prescribing the conditions when school may be conducted on Saturday and the types of pupil-instruction-related days and approval procedure for those days in accordance with the provisions of 20-1-303 and 20-1-304 ;

(6) adopt standards of accreditation and establish the accreditation status of every school in accordance with the provisions of 20-7-101 and 20-7-102 ;

(7) approve or disapprove educational media selected by the superintendent of public instruction for the educational media library in accordance with the provisions of 20-7-201 ;

(8) adopt policies for the conduct of special education in accordance with the provisions of 20-7-402 ;

(9) adopt rules for issuance of documents certifying equivalency of completion of secondary education in accordance with 20-7-131 ;

(10) adopt policies for the conduct of programs for gifted and talented children in accordance with the provisions of 20-7-903 and 20-7-904 ;

(11) adopt rules for student assessment in the public schools; and

(12) perform any other duty prescribed from time to time by this title or any other act of the legislature.
Mont. Code Ann. § 20-6-503 — MT Code / Title 20 / Chapter 6 / Part 5 / Section 20-6-503
20-6-503 Opening or reopening of a high school
Status: in_force

20-6-503 . Opening or reopening of a high school. (1) The trustees of any high school district may open or reopen a high school of the district or a branch of a high school of the district when such opening or reopening has been approved by the superintendent of public instruction; except when a county high school is discontinued by a unification action, the trustees may establish, by resolution, a high school to be operated by the high school district without further action or approval. When the trustees of a high school district resolve to open or reopen a high school, they shall apply to the superintendent of public instruction for approval to open or reopen such school by June 1 before the school fiscal year in which they intend to open or reopen the high school. Such application shall state:

(a) their reasons why the high school should be opened or reopened;

(b) the probable enrollment of such high school;

(c) the distance and road conditions of the route to neighboring high schools;

(d) the taxable value of the district;

(e) the building and equipment facilities available for such high school;

(f) the planned course of instruction for such high school;

(g) the planned methods of complying with high school standards of accreditation; and

(h) any other information that may be required by the superintendent of public instruction.

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

(3) Whenever the opening or reopening of a high school is approved for the ensuing school fiscal year, the county superintendent shall estimate the average number belonging (ANB) after investigating the probable enrollment for the high school. The ANB determined by the county superintendent shall be used for budgeting and BASE funding program purposes.

(4) Nothing herein contained shall be construed so as to preclude the trustees of a high school district from establishing more than one high school in the district.
Mont. Code Ann. § 20-3-322 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-322
20-3-322 Meetings and quorum
Status: in_force

20-3-322 . Meetings and quorum. (1) The trustees of a district shall hold at least the following number of regular meetings:

(a) an organization meeting, as prescribed by 20-3-321 ;

(b) a final budget meeting, as prescribed by 20-9-131 ; and

(c) (i) in first-class elementary districts, not less than one regular meeting each month; or

(ii) in any other district, regular meetings at least quarterly.

(2) The trustees shall provide advance notice for the meeting in compliance with 2-3-103 and shall provide an agenda to the public in advance of the meeting.

(3) (a) The trustees of the district shall adopt a policy setting the day and time for the minimum number of regular school meetings prescribed in subsection (1)(c)(i) or (1)(c)(ii) and, in addition, any other regular meeting days the trustees wish to establish. Except for an unforeseen emergency or as provided in subsection (3)(b), meetings must be conducted in school buildings or, upon the unanimous vote of the trustees, in a publicly accessible building located within the district.

(b) This section does not prohibit the trustees from meeting outside the boundaries of the school district for collaboration or cooperation on educational issues with other school boards, educational agencies, or cooperatives. Decisionmaking may occur only at a properly noticed meeting held within the school district's boundaries.

(4) Special meetings of the trustees may be called by the presiding officer or any two members of the trustees by giving each member a 48-hour written notice of the meeting, except that the 48-hour notice is waived in an unforeseen emergency or to consider a violation of the student code of conduct, as defined in accordance with district policy, within a week of graduation.

(5) Business may not be transacted by the trustees of a district unless it is transacted at a regular meeting or a properly called special meeting. A quorum for any meeting is a majority of the trustees' membership. All trustee meetings must be public meetings, as prescribed by 2-3-201 , except that the trustees may recess to an executive session under the provisions of 2-3-203 .

(6) For the purposes of this section, "unforeseen emergency" means a storm, fire, explosion, community disaster, insurrection, act of God, or other unforeseen destruction or impairment of school district property that affects the health and safety of the trustees, students, or district employees or the educational functions of the district.
Mont. Code Ann. § 20-5-501 — MT Code / Title 20 / Chapter 5 / Part 5 / Section 20-5-501
20-5-501 Purpose -- legislative intent -- parental rights -- definitions
Status: in_force

20-5-501 . Purpose -- legislative intent -- parental rights -- definitions. (1) The legislature recognizes that the rights of parents to the custody and control of a child are based upon liberties secured by the United States and Montana constitutions and that a parent's rights to that custody and control of a child are therefore normally supreme to the interests of other persons. The legislature also recognizes a growing phenomenon in which absent or otherwise unavailable parents have temporarily surrendered the custody and care of their children to a grandparent or other relative for lengthy periods of time. Regardless of the purpose of the absence, a child willfully surrendered to a relative for an extended time period still has the same needs as a child in the care of its parents. In this situation, a caretaker relative assumes responsibilities for the child but has no legal right of control over the child, a situation that interferes in the caretaker relative's ability to perform routine functions of child rearing, including tending to the educational and educationally related medical needs of the child. It is therefore the purpose of the legislature in these instances to protect the rights of a child granted by Article II, section 15, of the Montana constitution by granting a caretaker relative limited authority for a child left in the relative's care.

(2) It is the intent of the legislature that a caretaker relative given the responsibility of caring for a child with little or no warning and without any other provision having been made for the child's care, such as the appointment of a guardian or the provision of a power of attorney, be granted authority to enroll the child in school, discuss with the school district the child's educational progress, and consent to an educational service and to medical care for the child related to an educational service without superseding any parental rights regarding the child.

(3) This part is not intended to affect the rights and responsibilities of a parent, legal guardian, or other custodian regarding the child, does not grant legal custody of the child to the caretaker relative, and does not grant authority to the caretaker relative to consent to the marriage or adoption of the child or to receive notice of a medical procedure, including abortion, not consented to by the relative, if notice is required by law, for the child except as expressly provided in this section.

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

(a) "Caretaker relative" or "relative" means an individual related by blood, marriage, or adoption by another individual to the child whose care is undertaken by the relative, but who is not a parent, foster parent, stepparent, or legal guardian of the child.

(b) "Caretaker relative educational authorization affidavit" or "affidavit" means an affidavit completed in compliance with 20-5-503 .

(c) "Health care provider" means a person who provides medical care.

(d) "Medical care" means care by a health care provider, for which parental consent is normally required, for the prevention, diagnosis, or treatment of a mental, physical, or dental injury or disease.

(e) "Parent" means a biological parent, adoptive parent, or other legal guardian of the child whose parental rights have not been terminated.
Mont. Code Ann. § 20-25-201 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-201
20-25-201 Units constituting university system
Status: in_force

20-25-201 . Units constituting university system. The Montana university system is composed of the following units, each designated by its legal name:

(1) The university of Montana, with campuses at the following locations:

(a) Missoula;

(b) Butte;

(c) Dillon; and

(d) Helena.

(2) Montana state university, with campuses located at the following locations:

(a) Bozeman;

(b) Billings;

(c) Havre; and

(d) Great Falls.
Mont. Code Ann. § 20-2-403 — MT Code / Title 20 / Chapter 2 / Part 4 / Section 20-2-403
20-2-403 Duties
Status: in_force

20-2-403 . Duties. The commission shall:

(1) administer state plans under Title I of the federal Higher Education Facilities Act of 1963, Public Law 88-204, as amended by Public Law 89-329;

(2) administer state plans under Title VI of the federal Higher Education Act of 1965, Public Law 89-329;

(3) administer state plans under Title I of the federal Higher Education Act of 1965; and

(4) administer other state plans under federal funding and grant programs which may be assigned by the governor or the legislature except those pertaining to the duties of the superintendent of public instruction and the board of public education.
Mont. Code Ann. § 20-9-445 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-445
20-9-445 Liability for misuse of bond payment fund
Status: in_force

20-9-445 . Liability for misuse of bond payment fund. Any person or persons who shall take, use, appropriate, or permit to be taken, used, or appropriated any portion of any such fund as herein specified for any purpose other than that permitted by law shall be jointly and severally liable to the county, city, school district, irrigation district, or other municipal or public corporation to which said fund shall belong for the portion of such fund so unlawfully taken, used, or appropriated.
Mont. Code Ann. § 20-10-129 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-129
20-10-129 Transportation for special activities
Status: in_force

20-10-129 . Transportation for special activities. (1) A district may use a passenger vehicle to transport students to or from school-sponsored functions or activities. A district may not use a passenger vehicle for purposes of transporting students to or from school on a regular bus route.

(2) A passenger vehicle that is owned by the district is not eligible to be included in the calculations for the bus depreciation reserve fund under 20-10-147 .

(3) For purposes of this section, "passenger vehicle" means a motor vehicle that is:

(a) designed to transport 8 to 15 passengers and is the size and style of vehicle necessary to meet the needs of the district; and

(b) insured in accordance with the minimum coverage requirements established in 20-10-109 .
Mont. Code Ann. § 20-6-313 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-313
20-6-313 Transactions after approved county high school unification
Status: in_force

20-6-313 . Transactions after approved county high school unification. (1) Whenever a county high school is unified with the elementary district where the county high school building is located, the following transactions must be completed on or before the July 1 when the unification becomes effective:

(a) The county high school trustees, who do not have the capacity to govern the high school district upon unification, shall surrender all minutes, documents, and other records of the county high school to the trustees of the high school district.

(b) The county superintendent shall order the establishment of additional high school trustee nominating areas in the manner prescribed in 20-3-352 and 20-3-353 , if requested to do so by a majority of the outlying elementary districts located in the high school district. When the county superintendent establishes the areas, the county superintendent shall appoint additional high school district trustees from each area, who shall hold office until a successor is elected at the next regular school election and qualified.

(c) The county treasurer, after allowing for any outstanding or registered warrants, shall transfer all end-of-the-year fund cash balances of the county high school to similar funds established for the high school district. All previous years' taxes levied and collected for the county high school shall be credited to the appropriate fund of the high school district.

(2) All county high school bonds outstanding at the time of unification shall remain the obligation of the county or that portion of the county against which the bonds were originally issued. The high school district is responsible for the maintenance of the debt service fund for the bonds. It is the duty of the board of county commissioners and the trustees of the high school district to perform the duties prescribed in the school budgeting and bond redemption provisions of this title for the redemption and interest payments of the county high school bonds in the same manner and by the same means as though the county high school had not been unified.
Mont. Code Ann. § 20-9-326 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-326
20-9-326 Annual inflation-related adjustments to basic entitlements and per-ANB entitlements -- reporting
Status: in_force

20-9-326 . Annual inflation-related adjustments to basic entitlements and per-ANB entitlements -- reporting. (1) In preparing and submitting an agency budget pursuant to 17-7-111 and 17-7-112 , the superintendent of public instruction shall determine the inflation factor for the basic and per-ANB entitlements, the data-for-achievement payment, the per-ANB amount used to calculate the total special education allocation in 20-9-306 , and the general fund payments in 20-9-327 through 20-9-330 in each fiscal year of the ensuing biennium. The inflation factor is calculated as follows:

(a) for the first year of the biennium, divide the consumer price index for July 1 of the prior calendar year by the consumer price index for July 1 of the calendar year 3 years prior to the prior calendar year and raise the resulting ratio to the power of one-third; and

(b) for the second year of the biennium, divide the consumer price index for July 1 of the current calendar year by the consumer price index for July 1 of the calendar year 3 years prior to the current calendar year and raise the resulting ratio to the power of one-third.

(2) (a) The present law base for the entitlements referenced in subsection (1) of this section, calculated under Title 17, chapter 7, part 1, must consist of any enrollment increases or decreases plus the inflation factor calculated pursuant to this section, not to exceed 3% in each year, applied to both years of the biennium.

(b) This subsection (2) does not limit the superintendent or the governor from recommending, or limit the legislature from adopting, inflationary adjustments other than those calculated in this section.

(3) Beginning in fiscal year 2026 and then every even-numbered fiscal year thereafter, the superintendent of public instruction shall provide a report no later than September 1 to the education interim budget committee and the education interim committee and no later than December 31 to the legislative finance committee, in accordance with 5-11-210 , regarding the educational relevance in the implementation of this section. The report must include:

(a) the increase in funding over the prior year on a per-ANB basis for the BASE aid elements represented in [ 20-9-306 (2)(a), (2)(c) through (2)(g), and (2)(i)] budgeted to be provided to school districts in the current fiscal year and provided to school districts in the preceding 5 fiscal years, which must be reported in both dollar and percentage amounts, with the six percentages rounded to the nearest one hundredth;

(b) the percentage change from July of the preceding year to July of the applicable year in the consumer price index for the current year and the preceding 5 years, with the six percentages rounded to the nearest one hundredth; and

(c) a cumulative numerical comparison of the difference between the percentages reported in subsections (3)(a) and (3)(b), rounded to the nearest one hundredth.

(4) For the purposes of this section, "consumer price index" means the consumer price index, U.S. city average, all urban consumers, for all items, using the 1982-84 base of 100, as published by the bureau of labor statistics of the U.S. department of labor.
Mont. Code Ann. § 20-8-110 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-110
20-8-110 Property vested in school
Status: in_force

20-8-110 . Property vested in school. All lands heretofore granted by the government of the United States to the state of Montana for the use and benefit of the deaf and dumb are hereby set apart and declared to be for the use and benefit in perpetuity of the Montana school for the deaf and blind, and all funds arising from the sale or leasing of said lands, or any part or portion thereof, shall be applied to the proper use and benefit thereof and shall vest in the state of Montana for the use and benefit thereof.
Mont. Code Ann. § 20-1-404 — MT Code / Title 20 / Chapter 1 / Part 4 / Section 20-1-404
20-1-404 Drill to sound on disaster evacuation system -- recall signal to be distinct -- control of signal
Status: in_force

20-1-404 . Drill to sound on disaster evacuation system -- recall signal to be distinct -- control of signal. (1) If a disaster drill is signaled, the signal must be sounded on the disaster alarm system and not on the signal system used to dismiss classes.

(2) The recall signal must be separate and distinct from any other signal. The recall signal may be given by distinctive colored flags or banners. If the recall signal is electrical, the push buttons or other controls must be kept under lock and the key kept in the possession of the principal or some other designated person in order to prevent a recall at a time when there is a disaster. Regardless of the method of recall, the means of giving the signal must be kept under lock.
Mont. Code Ann. § 20-7-507 — MT Code / Title 20 / Chapter 7 / Part 5 / Section 20-7-507
20-7-507 District traffic education fund
Status: in_force

20-7-507 . District traffic education fund. The trustees of any district maintaining a traffic education course shall establish a special nonbudgeted fund with the county treasurer for traffic education. All nontax receipts for traffic education must be deposited in the district's traffic education fund. The expenditure of the money deposited in the district's traffic education fund is not subject to the budgeting provisions of this title, and the money may be expended for traffic education.
Mont. Code Ann. § 20-10-125 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-125
20-10-125 Bid letting for contract bus -- payments under transportation contract
Status: in_force

20-10-125 . Bid letting for contract bus -- payments under transportation contract. (1) Before any contract with a private party for the provision of school bus transportation is awarded, the trustees shall:

(a) secure bids by publishing during a period of 21 days at least three calls for bids in a newspaper of the county that will give notice to the largest number of people of the district or in the official newspaper of the county; the trustees shall let the contract to the lowest responsible bidder, and the trustees shall have the right to reject any and all bids; or

(b) negotiate a new contract with the current school bus contractor, provided the negotiated contract costs do not exceed by more than 12% per year the basic costs of the previous year's contract. Such a negotiated contract can be entered into only at a public meeting of the trustees at which meeting the patrons of the district may appear and be heard. Notice of the meeting must have been published in a newspaper of wide circulation within the district at least 1 week prior to the meeting.

(2) The provisions of this section for awarding a contract for school bus transportation shall be subject to the provisions of 20-9-204 .

(3) The trustees shall not expend any moneys of the district for school bus transportation by a private party or for individual transportation unless:

(a) a contract for such transportation services has been completed; and

(b) such contracted services for school bus transportation by a private party have been actually furnished except that the failure to perform may be excused by the trustees for reasons not under the control of the contractor; or

(c) such contracted services for individual transportation have been actually furnished as confirmed by the actual attendance of school by the eligible transportees and recorded on the school attendance records or, in the case of a supervised correspondence course or supervised home study, as confirmed by the trustees; except that the contracted services furnished one way on any school day shall be reimbursed at one-half the daily contract amount.
Mont. Code Ann. § 20-4-103 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-103
20-4-103 Issuance of teacher or specialist certificates
Status: in_force

20-4-103 . Issuance of teacher or specialist certificates. The superintendent of public instruction shall issue all teacher and specialist certificates in the state of Montana. In issuing teacher or specialist certificates, the superintendent of public instruction shall comply with the provisions of this title and the teacher and specialist certification policies adopted by the board of public education. The superintendent of public instruction shall not issue a teacher or specialist certificate to any person who does not satisfy the qualifications or other requirements of this title and of the board of public education policies for teacher or specialist certification.
Mont. Code Ann. § 20-9-437 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-437
20-9-437 School district liable on bonds
Status: in_force

20-9-437 . School district liable on bonds. (1) The full faith, credit, and taxable resources of a school district issuing general obligation bonds under the provisions of this title are pledged for the repayment of the bonds with interest according to the terms of the bonds. For the purpose of making the provisions of this part enforceable, each school district is a body corporate that may sue and be sued by or in the name of the trustees of the school district.

(2) A school district may use up to 25% of its federal impact aid funds received pursuant to 20-9-514 for repayment of general obligation bonds.

(3) Impact aid revenue bonds must be payable solely from the federal impact aid basic support payment received by the school district and deposited to the credit of the impact aid fund established in 20-9-514 and do not constitute a general obligation of the school district. The school district's taxing power is not pledged for the repayment of impact aid revenue bonds.

(4) (a) Oil and natural gas revenue bonds must be payable from the oil and natural gas production taxes received by the school district under the limitations in 20-9-310 and deposited to the debt service fund.

(b) A school district, as long as it has specified that its oil and natural gas revenue bonds are further secured by a deficiency tax levy in the bond election question and notice under 20-9-426 and 20-9-427 , may additionally provide that if for any reason the oil and natural gas production taxes received by the school district and the amounts in the debt service reserve account are inadequate to pay the principal of or interest on the bonds as they become due, payment will be made from a deficiency tax levy.

(5) If for any reason the oil and natural gas taxes or the amounts in the debt service reserve account are inadequate to pay the principal of or interest on any oil and natural gas revenue bonds as to which the school district has pledged a deficiency tax levy in accordance with subsection (4) as it becomes due, the school district shall, at least 15 days before the first day of the month in which the board of county commissioners of the county or counties in which the school district is located levies the amount of taxes required, furnish to the county treasurer an estimate in writing of the amount of money required:

(a) by the school district for the payment of the principal of or interest on the bonded debt as it becomes due and to replenish the debt service reserve account;

(b) to establish reasonable reserve funds for either purpose; and

(c) by the school district for any other purpose set forth in this section.

(6) Annually and at the time and in the manner of levying other county or city and county taxes, the county treasurer shall, as instructed by the school district, to the extent of any deficiency resulting from oil and natural gas taxes to pay or secure oil and natural gas revenue bonds to which a deficiency tax is pledged and for any other purpose set forth in this section:

(a) until the bonded debt is fully paid, levy upon the taxable property located in the school district and collect a school district oil and natural gas revenue bond deficiency tax sufficient for the payment or reimbursement of the payment of the bonded debt in the current or ensuing fiscal year, or both; and

(b) until the bonded debt is fully paid, levy upon all of the taxable property located in the school district and collect a school district oil and natural gas revenue bond deficiency tax sufficient for replenishing amounts in the debt service reserve account.

(7) Taxes for the payment of any oil and natural gas revenue bonds to which the school district has pledged a deficiency tax must be levied on the taxable property located in the school district as stated in the resolution fixing the terms and conditions of the bonds, and all taxes for other purposes must be levied on all property located within the school district.
Mont. Code Ann. § 20-3-331 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-331
20-3-331 Purchase of insurance -- self-insurance plan
Status: in_force

20-3-331 . Purchase of insurance -- self-insurance plan. (1) To provide the district, trustees, and employees with liability insurance pursuant to 2-9-211 and group health and life insurance pursuant to 2-18-702 , the trustees of a district may:

(a) purchase insurance coverage;

(b) participate in a district health insurance trust as defined in 20-3-366 for group health insurance; or

(c) establish a self-insurance plan for the district, trustees, and employees for liability as provided in 2-9-211 and for group health and life insurance as provided in 2-18-702 .

(2) The trustees shall include the cost of coverage in the district's general fund or in any other legally available fund, including the internal service fund referenced in subsection (3).

(3) Whenever the trustees of a district establish a self-insurance plan or participate in a district health insurance trust as defined in 20-3-366 , the trustees shall establish an internal service fund to account for the activities of the self-insurance plan.
Mont. Code Ann. § 20-9-602 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-602
20-9-602 Title to farm mortgage lands vested in state and transfers validated
Status: in_force

20-9-602 . Title to farm mortgage lands vested in state and transfers validated. (1) The transfer of farm mortgage lands, made by Chapter 250, Laws of 1953, shall be deemed to have vested title in such lands in the state of Montana in trust for the state public school fund.

(2) All contracts, certificates of purchase, deeds, and conveyances executed by the state of Montana in the administration of such lands since March 11, 1953, shall be deemed sufficient in law to dispose of the right, title, and interest therein described by the state of Montana.
Mont. Code Ann. § 20-3-202 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-202
20-3-202 Term, oath, and vacancy
Status: in_force

20-3-202 . Term, oath, and vacancy. (1) The county superintendent shall hold office for a term of 4 years. The county superintendent shall:

(a) take the oath of office on or before the last business day of December following the superintendent's election;

(b) assume office at 12:01 a.m. on January 1 following the superintendent's election; and

(c) hold the office until a successor has been elected and qualified.

(2) Any person elected as the county superintendent shall give an official bond, as required by law.

(3) If the office of county superintendent becomes vacant, the board of county commissioners shall appoint a replacement to fill the vacancy. The replacement shall serve until the next general election, when a person must be elected to serve the remainder of the initial term, if there is any remaining term.
Mont. Code Ann. § 20-4-302 — MT Code / Title 20 / Chapter 4 / Part 3 / Section 20-4-302
20-4-302 Discipline and punishment of pupils -- definition of corporal punishment -- penalty -- defense
Status: in_force

20-4-302 . Discipline and punishment of pupils -- definition of corporal punishment -- penalty -- defense. (1) A teacher or principal has the authority to hold a pupil to a strict accountability for disorderly conduct in school, on the way to or from school, or during intermission or recess.

(2) For the purposes of this section, "corporal punishment" means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.

(3) A person who is employed or engaged by a school district may not inflict or cause to be inflicted corporal punishment on a pupil.

(4) (a) A person who is employed or engaged by a school district may use physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary to:

(i) quell a disturbance;

(ii) provide self-protection;

(iii) protect the pupil or others from physical injury;

(iv) obtain possession of a weapon or other dangerous object on the person of the pupil or within control of the pupil;

(v) maintain the orderly conduct of a pupil including but not limited to relocating a pupil in a waiting line, classroom, lunchroom, principal's office, or other on-campus facility; or

(vi) protect property from serious harm.

(b) Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not constitute corporal punishment as long as the restraint is reasonable and necessary.

(5) A teacher in a district employing neither a district superintendent nor a principal at the school where the teacher is assigned has the authority to suspend a pupil for good cause. When either a district superintendent or a school principal is employed, only the superintendent or principal has the authority to suspend a pupil for good cause. Whenever a teacher suspends a pupil, the teacher shall notify the trustees and the county superintendent immediately of the action.

(6) A teacher has the duty to report the truancy or incorrigibility of a pupil to the district superintendent, the principal, the trustees, or the county superintendent, whichever is applicable.

(7) If a person who is employed or engaged by a school district uses corporal punishment or more physical restraint than is reasonable or necessary, the person is guilty of a misdemeanor and, upon conviction of the misdemeanor by a court of competent jurisdiction, shall be fined not less than $25 or more than $500.

(8) A person named as a defendant in an action brought under this section may assert as an affirmative defense that the use of physical restraint was reasonable or necessary. If that defense is denied by the person bringing the charge, the issue of whether the restraint used was reasonable or necessary must be determined by the trier of fact.
Mont. Code Ann. § 20-7-1321 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1321
20-7-1321 Employment assistance for current or former school employees, contractors, and volunteers engaged in sexual misconduct prohibited
Status: in_force

20-7-1321 . Employment assistance for current or former school employees, contractors, and volunteers engaged in sexual misconduct prohibited. (1) Except as provided in subsection (2), a person who is an officer, trustee, employee, agent, or contractor of a school, school district, county superintendent of schools, or the state superintendent of public instruction and who knows or has probable cause to believe that a current or former school employee, contractor, or agent has committed or has attempted, solicited, or conspired to commit an act with a child or enrolled student that constitutes a violation of 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , 45-5-601 , 45-5-625 , 45-5-702 , 45-5-705 , 45-5-706 , or 45-5-711 may not assist that school employee, contractor, or agent in obtaining new employment apart from the routine transmission of administrative and personnel files.

(2) Subsection (1) does not apply if:

(a) the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged violation;

(b) the information has been properly reported to any other authorities as required by the laws of the United States, the state, or any political subdivision of the state, including but not limited to reporting required by Title 41, chapter 3, part 2, and Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., and the regulations implementing that title under Title 34, part 106, Code of Federal Regulations, or any succeeding regulations; and

(c) (i) a peace officer, city attorney, or county attorney with jurisdiction over the alleged misconduct has notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent committed or attempted, solicited, or conspired to commit an act with a child or pupil constituting a violation of the offenses listed in subsection (1);

(ii) the school employee, contractor, or agent has been charged with and acquitted or otherwise exonerated of the alleged violation; or

(iii) there have been no charges filed against the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

(3) This section applies to current or former school employees, contractors, and agents of both public and nonpublic schools.
Mont. Code Ann. § 20-2-503 — MT Code / Title 20 / Chapter 2 / Part 5 / Section 20-2-503
20-2-503 State obligations or rights under compact not altered
Status: in_force

20-2-503 . State obligations or rights under compact not altered. The provisions of this part may not be construed to alter any of the obligations or restrict or impair any rights that this state may have under the compact.
Mont. Code Ann. § 20-9-425 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-425
20-9-425 Trustees' consideration of validated petition proposing bond election
Status: in_force

20-9-425 . Trustees' consideration of validated petition proposing bond election. When a school district receives a school district bond petition from the county registrar, a meeting of the trustees shall be called for the consideration of the petition. The trustees shall be the judges of the adequacy of the petition, and their findings shall be conclusive against the school district in favor of the innocent holder of bonds issued pursuant to the election called and held by reason of the presentation of such petition. The petition shall be valid if the trustees find that it is in proper form and bears the signatures of not less than 20% of the school district electors who are qualified to vote under the provisions of 20-20-301 .
Mont. Code Ann. § 20-1-208 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-208
20-1-208 Educational impact statements
Status: in_force

20-1-208 . Educational impact statements. When a county superintendent of schools finds that a person intends to construct or locate a major industrial facility, as defined in 20-9-407 , or intends to open a new strip mine, as defined by 82-4-103 , within the county, the superintendent may require such person to file with the county an educational impact statement. An educational impact statement is a report estimating the increased demands on public schools in the county as a consequence of the major industrial facility or strip mine. The statement shall indicate:

(1) the number of persons to be employed during the construction or preparation and during the operation of the major industrial facility or strip mine and their anticipated residential distribution;

(2) the number and anticipated distribution of persons employed in providing goods and services to the persons enumerated in the preceding category;

(3) the number of school-age children anticipated to be living with the persons enumerated in the preceding categories; and

(4) the time periods covered by each preceding estimate.
Mont. Code Ann. § 20-1-204 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-204
20-1-204 County attorney's duties
Status: in_force

20-1-204 . County attorney's duties. Upon request of the county superintendent or the trustees of any school district or community college district, the county attorney shall be their legal adviser and shall prosecute and defend all suits to which such persons, in their capacity as public officials, may be a party; however, the trustees of any school district or community college district may, in their discretion, employ any other attorney licensed in Montana to perform any legal services in connection with school or community college board business.
Mont. Code Ann. § 20-9-215 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-215
20-9-215 Destruction of certain financial records
Status: in_force

20-9-215 . Destruction of certain financial records. Any claim, warrant, voucher, bond, or treasurer's general receipt may be destroyed by any county or school district officer after a period of 5 years.
Mont. Code Ann. § 20-1-307 — MT Code / Title 20 / Chapter 1 / Part 3 / Section 20-1-307
20-1-307 Provisions of school code excepted
Status: in_force

20-1-307 . Provisions of school code excepted. Nothing contained in 1-1-216 defining legal holidays shall be deemed to amend or change the provisions of 20-1-305 and 20-1-306 , said sections being hereby expressly declared to define legal holidays for school purposes only.
Mont. Code Ann. § 20-9-143 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-143
20-9-143 Allocation of federal funds in lieu of property taxation
Status: in_force

20-9-143 . Allocation of federal funds in lieu of property taxation. Federal funds received by a district under the provisions of impact aid, as provided in 20 U.S.C. 7701, et seq., or funds designated in lieu of the federal act by the congress of the United States must be deposited in the impact aid fund established in 20-9-514 .
Mont. Code Ann. § 20-7-118 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-118
20-7-118 Remote instruction
Status: in_force

20-7-118 . Remote instruction. (1) A school district may provide remote instruction, including the provision of services through electronic means. A district shall comply with any rules adopted by the board of public education that specify standards for remote instruction. The provision of remote instruction by a district is limited to pupils:

(a) meeting the residency requirements for that district as provided in 1-1-215 ;

(b) living in the district and eligible for educational services under the Individuals With Disabilities Education Act or under 29 U.S.C. 794;

(c) enrolled in the district and physically attending a school or offsite instructional setting of the district under an attendance agreement pursuant to Title 20, chapter 5, part 3; or

(d) seeking remote instruction in another district when the pupil's district of residence does not provide remote or in-person instruction in an equivalent course. A course is not equivalent if the course does not provide the same level of advantage on successful completion, including but not limited to dual credit, advanced placement, and career certification.

(2) A school of a district providing remote instruction shall provide remote instruction to an out-of-district pupil under subsection (1)(d) unless, because of class size restrictions, the accreditation of the school would be adversely impacted by providing remote instruction to the pupil.

(3) (a) A district providing remote instruction shall include pupils in enrollment counts for ANB calculation purposes as described in 20-9-311 .

(b) Except as provided in subsection (1)(c) of this section, the provisions of out-of-district attendance and tuition laws under Title 20, chapter 5, part 3, do not apply to remote instruction.

(4) The superintendent of public instruction shall adopt rules for the administration and enforcement of this section.
Mont. Code Ann. § 20-7-306 — MT Code / Title 20 / Chapter 7 / Part 3 / Section 20-7-306
20-7-306 Distribution of secondary K-12 career and vocational/technical education funds
Status: in_force

20-7-306 . Distribution of secondary K-12 career and vocational/technical education funds. (1) The superintendent of public instruction shall categorize secondary K-12 career and vocational/technical education programs based on weighted factors, including but not limited to:

(a) K-12 career and vocational/technical education enrollment;

(b) approved career and technical student organizations;

(c) field supervision of students beyond the school year for K-12 career and vocational/technical education;

(d) district expenditures related to the K-12 career and vocational/technical education programs; and

(e) student participation in workforce development activities, including but not limited to:

(i) attainment of industry-recognized professional certifications; and

(ii) work-based learning programs, such as internships and registered apprenticeships.

(2) The superintendent of public instruction shall adjust the weighted factors outlined in subsection (1) as necessary to ensure that the allocations do not exceed the amount appropriated.

(3) Except for other expenditures outlined in subsection (1)(d), funding must be based upon the calculation for secondary K-12 career and vocational/technical education programs of the high school district in the year preceding the year for which funding is requested. Funding for the expenditures referred to in subsection (1)(d) must be based on the calculation for the secondary K-12 career and vocational/technical education programs of the high school district for the 2 years preceding the year for which funding is requested. The funding must be computed for each separate secondary K-12 career and vocational/technical education program.

(4) For secondary career and vocational/technical education programs, the total funding must be distributed to eligible programs based on the factors listed in subsection (1).

(5) The superintendent of public instruction shall annually distribute the funds allocated in this section by November 1. The money received by the high school district must be deposited into the subfund of the miscellaneous programs fund established by 20-9-507 and may be expended only for approved secondary K-12 career and vocational/technical education programs. The expenditure of the money must be reported in the annual trustees' report as required by 20-9-213 .

(6) Any increase in the amount distributed to a school district from the biennial state appropriation for secondary K-12 career and vocational/technical education must be used for the expansion and enhancement of career and vocational/technical education programs and may not be used to reduce previous district spending on career and vocational/technical education programs.
Mont. Code Ann. § 20-8-102 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-102
20-8-102 Objects and purposes -- assistance to programs -- tracking children who are deaf or hard of hearing or blind -- fee
Status: in_force

20-8-102 . Objects and purposes -- assistance to programs -- tracking children who are deaf or hard of hearing or blind -- fee. (1) The Montana school for the deaf and blind is a residential and day school for children and adolescents who are deaf or hard of hearing or blind or whose hearing or sight requires specialized support to develop their full educational potential.

(2) The school shall serve as a consultative resource for parents of deaf or hard-of-hearing and visually impaired children not yet enrolled in an educational program and for public schools of the state in which deaf or hard-of-hearing or visually impaired children are enrolled. The school upon request shall ensure that services and programs for deaf or hard-of-hearing or visually impaired children are appropriate and sufficient. The school may provide assistance to the programs that the school determines is needed. The school may collect a reasonable fee for the assistance from the public school or other responsible agency receiving the assistance.

(3) The school shall establish a system for tracking a child identified as deaf or hard of hearing or visually impaired from the time of identification as a child with a disability through the child's exit from intervention or educational services.

(4) The object and purpose of the school are to furnish and provide, by the use of specialized methods and systems, an education for the deaf or hard-of-hearing and visually impaired children of this state that is commensurate with the education provided to children who are not deaf or hard of hearing or blind in the public schools and that will enable children being served by the school to become independent and self-sustaining citizens.
Mont. Code Ann. § 20-9-162 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-162
20-9-162 Authorization for budget amendment adoption
Status: in_force

20-9-162 . Authorization for budget amendment adoption. (1) (a) Notwithstanding the provisions of subsections (2) and (3), a budget amendment may be adopted at any time of the school fiscal year, except that a budget amendment required by an enrollment increase as provided in 20-9-161 (1) may not be adopted until after October 1.

(b) The trustees may approve a budget amendment pursuant to 20-9-161 (2) through (6) by a resolution.

(c) Whenever the trustees of a district decide that a budget amendment is necessary, they may proclaim the need for the budget amendment by a majority vote of the trustees. The proclamation must state the facts constituting the need for the budget amendment, the funds affected by the budget amendment, the anticipated source of financing, the estimated amount of money required to finance the budget amendment, and the time and place the trustees will meet for the purpose of considering and adopting the budget amendment for the current school fiscal year.

(2) The trustees shall send a copy of the proclamation to the county superintendent and to the board of county commissioners of the county.

(3) The trustees shall submit a budget amendment for an enrollment increase to the superintendent of public instruction for approval in the manner provided in 20-9-163 .
Mont. Code Ann. § 20-1-602 — MT Code / Title 20 / Chapter 1 / Part 6 / Section 20-1-602
20-1-602 Purpose
Status: in_force

20-1-602 . Purpose. The purpose of this part is to protect the educational rights of members of the reserve armed forces of the United States and of the Montana national guard who are students at a Montana educational institution and whose education is interrupted by mandatory mobilization to active duty.
Mont. Code Ann. § 20-6-410 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-410
20-6-410 Tenure protected -- hiring preference for employees
Status: in_force

20-6-410 . Tenure protected -- hiring preference for employees. (1) Whenever two or more school districts reorganize or join through annexation to form a single district in the manner provided for in Title 20, chapter 6, a principal, teacher, or other certified employee of the school districts who has a right of tenure under Montana law must be given absolute preference in hiring for the first school fiscal year for any vacant position with the reorganized or enlarged district for which the employee is qualified with the required certification endorsements. Upon acceptance of a position, the certified employee continues to have tenure in the reorganized or enlarged district and the board of trustees of the reorganized or enlarged school district in which the person will perform duties shall recognize and give effect to the right of tenure.

(2) A noncertified, nonprobationary employee of a school district that reorganizes or joins another district through annexation must be given preference in hiring for the first school fiscal year for any vacant position with the reorganized or enlarged district for which the employee has substantially equal qualifications and, upon acceptance of a position, may not be given probationary status.
Mont. Code Ann. § 20-4-702 — MT Code / Title 20 / Chapter 4 / Part 7 / Section 20-4-702
20-4-702 Teacher residency program
Status: in_force

20-4-702 . Teacher residency program. (1) The superintendent of public instruction shall administer a teacher residency program in collaboration with school districts and professional educator preparation programs.

(2) The teacher residency program must involve:

(a) a shared vision and partnership between:

(i) a resident;

(ii) a teacher-leader;

(iii) a school district; and

(iv) an educator preparation program;

(b) ensuring that a resident possesses the cultural competencies to succeed and be an effective educator in the school hosting the resident;

(c) selection and training for teacher-leaders;

(d) a resident being matched with a school district that provides a high-quality and supportive experience for residents working with a teacher-leader;

(e) flexible course delivery to allow a resident to complete required credits in the resident's preparation program;

(f) a cohort model with opportunities for virtual and in-person training and support;

(g) financial and other compensation for residents and teacher-leaders, including:

(i) housing for the resident or a housing allowance provided to the resident by the host school district;

(ii) for a resident in a professional educator preparation program accredited by the board of public education, a last-dollar tuition grant to eliminate tuition costs for the resident for the year of the residency;

(iii) a stipend for the teacher-leader; and

(iv) compensation for the resident, a portion of which may be conditioned on completion of the program and the signing of a teaching contract in a Montana public school for the following year; and

(h) a methodology for evaluating the effectiveness of the program.

(3) The superintendent of public instruction may contract with a professional educator preparation program located in a unit of the Montana university system to coordinate the teacher residency program or aspects of the program.

(4) If a resident does not complete the program or does not teach in a Montana public school for 3 or more years within 5 years of completing the teacher residency program, the superintendent of public instruction shall inform the commissioner of higher education and the commissioner shall convert the amount of any tuition grant provided to the resident under the program to a loan.

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

(a) "Professional educator preparation program" means a postsecondary program intended to lead to teacher licensure that is accredited by the board of public education or recognized by the board as an essentially equivalent program for teacher certification purposes.

(b) "Resident" means a student enrolled in a professional educator preparation program who is selected for participation in a teacher residency program as described in this section and who commits to teaching in a Montana public school following completion of the teacher residency program.

(c) "School district" or "district" means the educational entities eligible for a quality educator and qualified staff payment under 20-9-327 .

(d) "Teacher-leader" means an experienced classroom teacher who is selected to work with, coach, and mentor a resident.

(e) "Teacher residency program" or "program" means a partnership between a district and a professional educator preparation program to provide residents with a year-long, practice-based learning experience working directly with students in a manner that mirrors the experience of teachers in that school and meets the criteria of supervised teaching experience as defined by the board of public education.
Mont. Code Ann. § 20-7-1501 — MT Code / Title 20 / Chapter 7 / Part 15 / Section 20-7-1501
20-7-1501 Short title
Status: in_force

20-7-1501 . Short title. This part may be cited as the "Montana Advanced Opportunity Act".
Mont. Code Ann. § 20-26-203 — MT Code / Title 20 / Chapter 26 / Part 2 / Section 20-26-203
20-26-203 Deposit of funds
Status: in_force

20-26-203 . Deposit of funds. Funds received by the commissioner of higher education for the Montana resident student financial aid program, including funds for the administration of parts 1 and 2, must be deposited in the state treasury.
Mont. Code Ann. § 20-6-104 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-104
20-6-104 Moratorium on creation of new district -- exceptions
Status: in_force

20-6-104 . Moratorium on creation of new district -- exceptions. (1) Except as provided in subsections (2) and (3), a school district may not initiate the creation of a new elementary district or a new high school district.

(2) Pursuant to the provisions of 20-6-326 , the trustees or the electors of an existing elementary district may initiate the creation of a new high school district solely for the purpose of expanding into a K-12 district.

(3) The moratorium in subsection (1) does not apply to a district that results from the procedure for the dissolution of a K-12 school district pursuant to 20-6-704 .
Mont. Code Ann. § 20-8-113 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-113
20-8-113 Duties of superintendent of school for the deaf and blind
Status: in_force

20-8-113 . Duties of superintendent of school for the deaf and blind. The superintendent of the Montana school for the deaf and blind shall:

(1) administer the programs and functions of the school within the guidelines of statutes and under policies prescribed by the board of public education;

(2) prepare and submit reports, summaries, and other information requested by the board;

(3) establish and pursue professional and technical contacts that will contribute information and guidance toward effective and efficient operation of the school;

(4) maintain effective liaison between the school, the superintendent of public instruction, local school districts, and other public and private agencies that have an interest in or influence upon the school;

(5) pursue a program of information for parents, professionals, and the general public.
Mont. Code Ann. § 20-3-102 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-102
20-3-102 Term, oath, and vacancy
Status: in_force

20-3-102 . Term, oath, and vacancy. (1) The superintendent of public instruction shall hold office at the seat of government for a term of 4 years. The superintendent shall assume office on the first Monday of January following election and shall hold the office until a successor has been elected and qualified. Any person elected as the superintendent of public instruction shall take the oath of a civil officer.

(2) If the office of superintendent of public instruction becomes vacant, it must be filled in the manner prescribed by The Constitution of the State of Montana.
Mont. Code Ann. § 20-10-131 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-131
20-10-131 County transportation committee membership
Status: in_force

20-10-131 . County transportation committee membership. (1) To coordinate the orderly provision of a uniform transportation program within a county, there must be a county transportation committee created in each county of the state of Montana. The membership of the committee consists of:

(a) the county superintendent;

(b) the presiding officer of the board of county commissioners or a member of the board designated by the presiding officer; and

(c) one representative of each school district within the county, except that an elementary district and high school district that compose a school system under 20-6-312 or 20-6-508 are limited to one representative for the school system. Each representative must be designated by the trustees of the respective school district or school system.

(2) The county transportation committee must have at least five members, and if this minimum membership cannot be realized in the manner prescribed in subsections (1)(a) through (1)(c), the county superintendent shall appoint a sufficient number of members to satisfy the minimum membership requirement.

(3) The county superintendent is the presiding officer of the county transportation committee, and a quorum is a majority of the membership. A quorum must be present for the committee to conduct business. The committee shall meet on the call of the presiding officer or any three members of the committee. Each member of the committee is a voting member.
Mont. Code Ann. § 20-26-603 — MT Code / Title 20 / Chapter 26 / Part 6 / Section 20-26-603
20-26-603 Definitions
Status: in_force

20-26-603 . Definitions. As used in this part, the following definitions apply:

(1) "Accredited" means a school that is accredited by the board of public education pursuant to 20-7-102 .

(2) "Board" means the board of regents of higher education created by Article X, section 9(2), of the Montana constitution.

(3) "Montana high school" means an accredited public or nonpublic high school.

(4) "Montana private college" means a nonprofit private educational institution:

(a) with its main campus and primary operations located within the state; and

(b) that offers education on the level of a baccalaureate degree and is accredited for that purpose by a national or regional accrediting agency recognized by the board.

(5) "Postsecondary institution" means:

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

(b) a Montana community college, defined and organized as provided in 20-15-101 ; or

(c) an accredited tribal college located in the state of Montana.

(6) "Scholarship" means a payment toward the cost of attendance at a qualifying postsecondary institution, rounded up to the nearest dollar.

(7) "STEM or health care major" means a major that is related to science, technology, engineering, mathematics, or health care. Specific qualifying majors are identified in board policy.

(8) "Title IV" refers to Title IV of the Higher Education Act of 1965, as amended.
Mont. Code Ann. § 20-25-1401 — MT Code / Title 20 / Chapter 25 / Part 14 / Section 20-25-1401
20-25-1401 Purpose
Status: in_force

20-25-1401 . Purpose. The purpose of this part is to establish the structure by which the Montana university system may develop a self-insured student health plan, to work in conjunction with available campus student health services for enrolled students of the Montana university system and their dependents, including students of a community college district, and to clarify that the plan is not regulated by or subject to the provisions of Title 33.
Mont. Code Ann. § 20-3-312 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-312
20-3-312 Trustees of district affected by boundary change
Status: in_force

20-3-312 . Trustees of district affected by boundary change. The trustees of any district to which the territory of another district is attached as a result of annexation, abandonment, territory transfer, or any other method of changing district boundaries, except by the reorganization of districts under 20-6-423 , continue to be the trustees of the district with the same powers, duties, and responsibilities and subject to the same limitations provided by law as if there had been no boundary change. In the case of district reorganization, the appointed trustees of the resulting district shall assume their trustee positions under the authority of 20-6-423 .
Mont. Code Ann. § 20-4-107 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-107
20-4-107 Outstanding teacher certificates
Status: in_force

20-4-107 . Outstanding teacher certificates. (1) No provisions of this title shall affect or impair the validity of any certificate that is in force on January 26, 1971, or the rights and privileges of the holders by virtue thereof, except that any certificates may be suspended or revoked for any of the causes and by the procedures provided by law.

(2) Any holder of an elementary school standard certificate issued prior to July 1, 1959, under the previous statute and in force on July 1, 1959, shall be eligible for renewal of such certificate in accordance with the policies of the board of public education until the holder qualifies for the class 2 standard certificate as provided in 20-4-106 .

(3) Any holder of a class 5 certificate in force on June 30, 1966, or issued between July 1, 1966, and December 31, 1966, shall be eligible for renewal of such certificate in accordance with the policies of the board of public education until the holder qualifies for the class 2 standard certificate as provided in 20-4-106 .
Mont. Code Ann. § 20-6-421 — MT Code / Title 20 / Chapter 6 / Part 4 / Section 20-6-421
20-6-421 Conditions for district annexation
Status: in_force

20-6-421 . Conditions for district annexation. (1) An elementary district may be annexed to a contiguous elementary district under the provisions of 20-6-422 when:

(a) a third-class district where a high school is not located is annexed to a third-class district where a high school is located, to a first-class district, or to a second-class district;

(b) a third-class district where a high school is located is annexed to a first-class district or to a second-class district; or

(c) a second-class district is annexed to a first-class district.

(2) A high school district may be annexed to a contiguous high school district or a K-12 school district may be annexed to a contiguous K-12 school district under the provisions of 20-6-422 when:

(a) a third-class district is annexed to a first-class district or to a second-class district; or

(b) a second-class district is annexed to a first-class district.
Mont. Code Ann. § 20-25-1005 — MT Code / Title 20 / Chapter 25 / Part 10 / Section 20-25-1005
20-25-1005 Standards for motorcycle safety training
Status: in_force

20-25-1005 . Standards for motorcycle safety training. The board of regents may establish minimum motorcycle safety training standards, including instruction, courses, and instructor certification for conducting training authorized by 20-25-1006 . The standards must be based upon national standards promulgated by the motorcycle safety foundation or a similar organization recognized by the board of regents.
Mont. Code Ann. § 20-7-111 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-111
20-7-111 Instruction in public schools
Status: in_force

20-7-111 . Instruction in public schools. (1) Except as provided in subsection (2), the board of public education shall define and specify the basic instructional program for pupils in public schools, and this program must be set forth in the standards of accreditation. Other instruction may be given when approved by the board of trustees.

(2) The trustees of a school district shall ensure that all pupils in grades 3 through 12 receive instruction about the United States constitution and the pledge of allegiance.
Mont. Code Ann. § 20-4-203 — MT Code / Title 20 / Chapter 4 / Part 2 / Section 20-4-203
20-4-203 Teacher tenure
Status: in_force

20-4-203 . Teacher tenure. (1) Except as provided in 20-4-208 , whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a district in a position requiring teacher certification except as a district superintendent or specialist, the teacher is considered to be reelected from year to year as a tenured teacher at the same salary and in the same or a comparable position of employment as that provided by the last-executed contract with the teacher unless the trustees resolve by majority vote of their membership to terminate the services of the teacher in accordance with the provisions of 20-4-204 .

(2) The tenure of a teacher with a district may not be impaired upon termination of services of the teacher if the following conditions exist:

(a) the tenure teacher is terminated because the financial condition of the district requires a reduction in the number of teachers employed; and

(b) continued employment rights are provided for in a collectively bargained contract of the district.

(3) (a) For the purposes of subsection (1), "same salary" means the daily rate of pay, excluding benefits and excluding stipends for nonteaching duties, multiplied by the number of days worked under the last-executed contract with the teacher, up to the total number of days funded by the state in the per-ANB entitlements, as provided in 20-9-311 , including pupil-instruction-related days. The calculation of daily rate of pay is determined by dividing the salary in the last-executed contract with the teacher for pupil-instruction and pupil-instruction-related days, excluding benefits and excluding stipends for nonteaching duties, by the total number of contracted days under the last-executed contract.

(b) The definition of same salary may be modified if negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31, or in an individual contract between the district and a teacher in a district in which the teachers have no exclusive representative as provided in Title 39, chapter 31.

(4) Upon receiving tenure, the employment of a teacher may be terminated for good cause.
Mont. Code Ann. § 20-7-403 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-403
20-7-403 Duties of superintendent of public instruction
Status: in_force

20-7-403 . Duties of superintendent of public instruction. The superintendent of public instruction shall supervise and coordinate the conduct of special education in the state by:

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

(2) administering the policies adopted by the board of public education;

(3) certifying special education teachers on the basis of the special qualifications for the teachers as prescribed by the board of public education;

(4) establishing procedures to be used by school district personnel in identifying a child with a disability;

(5) preparing appropriate technical assistance documents to assist local districts in implementing special education policies and procedures;

(6) seeking for local districts appropriate interdisciplinary assistance from public and private agencies in identifying the special education needs of children, in planning programs, and in admitting and discharging children from those programs;

(7) assisting local school districts, institutions, and other agencies in developing full-service programs for a child with a disability;

(8) providing technical assistance to district superintendents, principals, teachers, and trustees;

(9) conducting conferences, offering advice, and otherwise cooperating with parents and other interested persons;

(10) ensuring appropriate training and instructional material for persons appointed as surrogate parents that outlines their duties toward the child, limitations on what they may do for the child, duties in relation to the child's records, sources of assistance available to the surrogate parent, and the need to seek competent legal assistance in implementing hearing or appeal procedures;

(11) ensuring that the requirements of the Individuals With Disabilities Education Act are met and that each educational program for a child with a disability, including a homeless child with a disability, administered within the state, including each program administered by any other agency, is under the general supervision of the superintendent of public instruction, meets the education standards of the board of public education, and meets the requirements of the superintendent of public instruction, reserving to the other agencies and political subdivisions their full responsibilities for other aspects of the care of children needing special education or for providing or paying for some or all of the costs of a free appropriate public education to a child with a disability within the state;

(12) contracting for the delivery of audiological services to those children allowed by Montana law in accordance with policies of the board of public education; and

(13) contracting, pursuant to 20-7-435 , for the provision of appropriate educational opportunity for a child receiving in-state inpatient treatment at a qualifying facility, including the provision of a free appropriate public education for a child with a disability.
Mont. Code Ann. § 20-7-1305 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1305
20-7-1305 Short title
Status: in_force

20-7-1305 . (Temporary) Short title. Sections 20-7-1305 through 20-7-1307 may be cited as the "Save Women's Sports Act". (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
Mont. Code Ann. § 20-9-410 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-410
20-9-410 Limitation of term and interest -- timing for redemption
Status: in_force

20-9-410 . Limitation of term and interest -- timing for redemption. (1) School district bonds may not be issued for a term longer than 30 years, except that bonds issued to refund or redeem outstanding bonds may not be issued for a term longer than 10 years unless the unexpired term of the bonds to be refunded or redeemed is in excess of 10 years, in which case the refunding or redeeming bonds may be issued for the unexpired term. Other than refunding or redeeming bonds, all bonds issued for a longer term than 5 years must be redeemable at the option of the school district on any interest payment date after one-half of the term for which they were issued has expired, and the redemption option must be stated on the face of the bonds. The interest must be as provided under 17-5-102 and must be payable semiannually.

(2) For purposes of this section, the term of a bond issue commences on July 1 of the fiscal year in which the school district first levies taxes to pay the principal and interest on the bonds.
Mont. Code Ann. § 20-6-804 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-804
20-6-804 Board of public education responsibilities
Status: in_force

20-6-804 . Board of public education responsibilities. (1) In accordance with this part, the board of public education is responsible for executing the following essential powers and duties:

(a) soliciting and evaluating charter proposals;

(b) approving charter proposals that meet identified educational needs and promote a diversity of educational choices, including but not limited to:

(i) increasing standards for student achievement;

(ii) closing achievement gaps between high-performing and low-performing groups of public school students;

(iii) increasing educational opportunities within the public education system;

(iv) providing alternative learning environments for students who are not thriving in traditional school settings;

(v) lowering the dropout rate;

(vi) creating new professional opportunities for teachers and other school personnel;

(vii) encouraging the use of different models of teaching and learning; and

(viii) providing students, parents, community members, and local entities with expanded opportunities for involvement in the public education system;

(c) denying approval of charter proposals that fail to provide clear and convincing proof of their likelihood of success;

(d) negotiating and executing sound charter contracts with each approved public charter school;

(e) monitoring approved public charter schools' performance and legal compliance with charter contract terms;

(f) determining whether each charter contract merits renewal, nonrenewal, or revocation; and

(g) informing the office of public instruction and the relevant county superintendent of schools regarding the status of public charter schools in a timely manner.

(2) On or before December 1 of each year, beginning in the first year that a public charter school has been in operation for a full school year, the board of public education shall publish to the board's website and submit to the legislature in accordance with 5-11-210 an annual report on the state's public charter schools for the school year ending in the preceding calendar year. The annual report must include:

(a) a comparison of the performance of public charter school students with the performance of academically, ethnically, and economically comparable groups of students in noncharter public schools; and

(b) the board's assessment of the successes, challenges, and areas for improvement in meeting the purposes of this part, including the board's assessment of the sufficiency of funding for public charter schools and any suggested changes in state law or policy necessary to strengthen the state's public charter schools.
Mont. Code Ann. § 20-26-103 — MT Code / Title 20 / Chapter 26 / Part 1 / Section 20-26-103
20-26-103 Definitions
Status: in_force

20-26-103 . Definitions. As used in parts 1 and 2, the following definitions apply:

(1) "Postsecondary institution" means:

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

(b) a Montana community college, defined and organized as provided in 20-15-101 ; or

(c) an accredited tribal college located in the state of Montana.

(2) "Resident student" means a person who was a resident of Montana prior to enrolling and who is attending a qualified postsecondary institution within Montana.
Mont. Code Ann. § 20-6-635 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-635
20-6-635 Contracts with Montana firms encouraged
Status: in_force

20-6-635 . Contracts with Montana firms encouraged. The trustees are encouraged but not required to award architectural contracts to firms based or operating in Montana.
Mont. Code Ann. § 20-11-108 — MT Code / Title 20 / Chapter 11 / Part 1 / Section 20-11-108
20-11-108 Authorizer responsibilities
Status: in_force

20-11-108 . Authorizer responsibilities. (1) In accordance with this part, an authorizer is responsible for executing the following essential powers and duties:

(a) soliciting and evaluating choice school proposals;

(b) approving choice school proposals that meet identified educational needs and promote a diversity of educational choices, including but not limited to:

(i) creating more schools with high standards for pupil performance;

(ii) closing achievement gaps between high-performing and low-performing groups of public school students;

(iii) increasing educational opportunities within the public education system;

(iv) providing alternative learning environments for students who are not thriving in traditional school settings;

(v) addressing the dropout rate;

(vi) creating new professional opportunities for teachers, leaders, and other school personnel;

(vii) encouraging the use of innovative models of teaching, delivering content, and providing other aspects of K-12 education; and

(viii) providing students, parents, community members, and other local and philanthropic entities with expanded opportunities for involvement in the public education system;

(c) declining to approve inadequate choice school proposals;

(d) negotiating and executing sound charter contracts with each approved choice school;

(e) monitoring, in accordance with charter contract terms, the performance and legal compliance of choice schools; and

(f) determining whether each charter contract merits renewal, nonrenewal, or revocation.

(2) An authorizer may delegate its duties to its officers, employees, and contractors.

(3) Regulation of choice schools by authorizers is limited to the powers and duties described in this part, consistent with the intent of this part.

(4) An authorizer shall develop, carry out, and maintain authorizing policies and practices consistent with nationally recognized principles and standards for authorizing in all major areas of authorizing responsibility, including:

(a) organizational capacity and infrastructure;

(b) soliciting and evaluating choice school proposals;

(c) performance contracting;

(d) ongoing community choice school oversight and evaluation; and

(e) charter contract renewal decisionmaking.

(5) Evidence of material or persistent failure to carry out the duties enumerated in this section constitutes grounds for rescission of authorizing powers by the commission.

(6) Each authorizer shall submit to the commission an annual report summarizing:

(a) the authorizer's strategic vision for authorizing and progress toward achieving that vision;

(b) the academic and financial performance of all operating choice schools overseen by the authorizer, according to the performance expectations for choice schools set forth in this part;

(c) the status of the authorizer's choice school portfolio, identifying all choice schools approved but not yet open, operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened;

(d) the authorizing functions provided by the authorizer to the choice schools under its direction, including the authorizer's operating costs and expenses detailed in annual audited financial statements that conform with generally accepted accounting principles; and

(e) the services purchased from the authorizer by a choice school under the authorizer's direction, including an itemized accounting of the actual costs of these services, as required in 20-11-109 .

(7) An employee, trustee, agent, or representative of an authorizer may not simultaneously serve as an employee, trustee, agent, representative, vendor, or contractor of a community choice school authorized by that entity.

(8) A government unit or other entity, other than those expressly granted authority under 20-11-107 , may not assume any authorizing function or duty in any form unless expressly allowed by law.
Mont. Code Ann. § 20-6-801 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-801
20-6-801 Short title
Status: in_force

20-6-801 . Short title. This part may be cited as the "Public Charter Schools Act".
Mont. Code Ann. § 20-25-456 — MT Code / Title 20 / Chapter 25 / Part 4 / Section 20-25-456
20-25-456 Voluntary contribution account for Montana's universities, colleges, and community colleges
Status: in_force

20-25-456 . Voluntary contribution account for Montana's universities, colleges, and community colleges. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the Montana university system assistance account. The board of regents shall deposit donations to the Montana university system assistance program in the account as provided in 20-25-455 .

(2) All donations must be from a private source and may not be expended for any purpose other than for the benefit of qualifying institutions.

(3) Earnings in the account are allocable to each qualifying institution in proportion to each qualifying institution's share of the account balance.

(4) The board of regents shall distribute donor contributions to the qualifying institution's endowment fund. A distribution may not exceed the institution's allocation and must be used for the purpose established by the donor as provided in 20-25-455 (2)(d). The distributions are derived from a private nonstate source and are payable without an appropriation pursuant to 17-8-101 .
Mont. Code Ann. § 20-5-104 — MT Code / Title 20 / Chapter 5 / Part 1 / Section 20-5-104
20-5-104 Attendance officer
Status: in_force

20-5-104 . Attendance officer. In order to enforce the compulsory attendance provisions of this title, each district shall have at least one person serving as an attendance officer according to the following requirements:

(1) districts of the first class and districts of the second class with a dropout rate higher than the statewide average dropout rate as calculated by the office of public instruction shall appoint one or more of the district's staff as attendance officers;

(2) districts of the second class with a dropout rate at or below the statewide average dropout rate as calculated by the office of public instruction and districts of the third class may appoint one or more of the district's staff as attendance officers; or

(3) the county superintendent must be the attendance officer in second-class or third-class districts that do not appoint an attendance officer.
Mont. Code Ann. § 20-4-301 — MT Code / Title 20 / Chapter 4 / Part 3 / Section 20-4-301
20-4-301 Duties of teacher -- nonpayment for failure to comply
Status: in_force

20-4-301 . Duties of teacher -- nonpayment for failure to comply. (1) A teacher under contract with a district shall:

(a) conform to and enforce the laws, board of public education policies, and policies of the trustees of the district;

(b) use the course of instruction prescribed by the trustees;

(c) keep, in a neat and businesslike manner, a teacher's register of attendance and grades;

(d) within 10 days after the conclusion of each school semester, prepare a report that must include the pupil attendance and absence data from the teacher's register and grades. The report must be submitted to:

(i) the district superintendent, if there is one;

(ii) the principal of the school, if there is one and there is no district superintendent; or

(iii) the county superintendent or all county superintendents when the teacher is reporting for a joint district, if there is no district superintendent or principal.

(e) exercise due diligence in the care of school grounds and buildings, furniture, equipment, books, and supplies; and

(f) provide moral and civic instruction by:

(i) endeavoring to impress the pupils with the principles of morality, truth, justice, and patriotism, including any curriculum related to the flag prescribed by the trustees;

(ii) teaching the pupils to avoid idleness, profanity, and falsehood;

(iii) instructing the pupils in the principles of free government and training them to comprehend the rights, responsibilities, and dignity of American citizenship.

(2) The trustees are authorized to withhold the salary warrant of any teacher who does not comply with the provisions of subsection (1)(a) or (1)(b) until the teacher does comply with the provisions.

(3) The trustees may not pay any teacher the teacher's last month's salary until the teacher has provided a complete and accurate semester report to the required person, as determined by the person and as required in subsection (1)(d).
Mont. Code Ann. § 20-4-134 — MT Code / Title 20 / Chapter 4 / Part 1 / Section 20-4-134
20-4-134 Professional stipends for teachers certified by national board for professional teaching standards
Status: in_force

20-4-134 . Professional stipends for teachers certified by national board for professional teaching standards. (1) Pursuant to subsection (5), an annual stipend of up to an amount equivalent to 50% of the quality educator and qualified staff payment amount provided in 20-9-306 for the applicable year must be provided to each teacher who holds a current certificate from the national board for professional teaching standards if the teacher is:

(a) a full-time classroom teacher, librarian, or other full-time employee serving in an assignment covered by national board certification assessment;

(b) certified to teach in Montana under the provisions of 20-4-103 ; and

(c) a full-time employee of:

(i) a Montana public school district, as defined in 20-6-101 ;

(ii) an education cooperative, as described in 20-7-451 ;

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

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

(2) An annual stipend of up to an amount equivalent to 85% of the quality educator and qualified staff payment amount provided in 20-9-306 for the applicable year must be provided to each teacher who meets the criteria for the stipend in subsection (1) and who has an instructional assignment in a school identified as:

(a) a school in a high-poverty area eligible to participate in the community eligibility provision under Public Law 111-296; or

(b) an impacted school as defined in 20-4-502 .

(3) A teacher becomes eligible for the stipend in subsection (1) in the school year beginning July 1 after the teacher obtains certification or recertification from the national board for professional teaching standards.

(4) By March 1, the superintendent of public instruction shall distribute stipend payments to any entity listed in subsections (1)(c)(i) through (1)(c)(iv) that employs an eligible teacher.

(5) The obligation for funding a portion of the professional stipends is an obligation of the state. This section may not be construed to require a school district to provide its matching portion of a stipend to a qualifying teacher without a payment from the state to the district. If the money appropriated for the stipends is not enough to provide the full amount for each eligible teacher, the superintendent of public instruction shall request the state budget director to submit a request for a supplemental appropriation in the second year of the biennium that is sufficient to complete the funding of the stipends.

(6) (a) For a stipend under subsection (1), the state shall pay 50% of the maximum stipend amount under subsection (1) and another 1% of the amount for each 1% of the amount contributed by the teacher's school district, up to a maximum state contribution of 75% of the amount.

(b) For a stipend under subsection (2), the state shall pay 55% of the maximum stipend amount under subsection (2) and another 2% of the amount for each 1% of the amount contributed by the teacher's school district, up to a maximum state contribution of 85% of the amount.
Mont. Code Ann. § 20-10-109 — MT Code / Title 20 / Chapter 10 / Part 1 / Section 20-10-109
20-10-109 Liability insurance for school bus
Status: in_force

20-10-109 . Liability insurance for school bus. Whenever a bus is owned and operated by a district or the bus is operated by a private party under a contract but no condition of such contract requires the private party to carry liability insurance, the trustees shall carry automobile bodily injury and liability insurance in an amount not less than $10,000 per person and $100,000 for each accident for each bus operated by or under contract with the district.
Mont. Code Ann. § 20-7-1303 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1303
20-7-1303 Youth athletes -- concussion education requirements
Status: in_force

20-7-1303 . Youth athletes -- concussion education requirements. (1) Each school district, nonpublic school, or youth athletic organization in this state offering organized youth athletic activities shall adopt policies and procedures to inform coaches, officials, youth athletes, and parents or guardians of the nature and risk of brain injuries, including the effects of continuing to play after a concussion. The policies, content, and protocols must be consistent with current medical knowledge as to:

(a) the nature and risk of brain injuries associated with athletic activity;

(b) the signs, symptoms, and behaviors consistent with a brain injury;

(c) the need to alert a licensed health care professional for urgent recognition and treatment when a youth athlete exhibits signs, symptoms, or behaviors consistent with a concussion; and

(d) the need to follow proper medical direction and protocols for treatment and returning to play after a youth athlete sustains a concussion.

(2) A form documenting that educational materials referred to in subsection (1) have been provided to and viewed by each youth athlete and the youth athlete's parent or guardian must be signed by each youth athlete and the youth athlete's parent or guardian and returned to an official designated by the school district, nonpublic school, or youth athletic organization prior to the youth athlete's participation in organized youth athletic activities. The form must apply for a period not to exceed 1 year.

(3) School districts, nonpublic schools, and youth athletic organizers shall ensure access to a training program consistent with subsection (1). Each coach and official participating in organized youth athletic activities shall complete the training program at least once each year.

(4) School districts, nonpublic schools, and youth athletic organizations may invite the participation of appropriate advocacy groups and appropriate sports governing bodies to facilitate the requirements of subsections (1) through (3).
Mont. Code Ann. § 20-25-322 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-322
20-25-322 Traffic citations -- agreements with city or county
Status: in_force

20-25-322 . Traffic citations -- agreements with city or county. The president of each unit may enter into an agreement with the city or county in which the unit is located to authorize members of the unit's security department to issue citations for parking or moving traffic violations as defined by state or municipal laws that occur within the boundaries of the campus or on streets or alleys contiguous to the campus. All citations must be considered within the jurisdiction of the appropriate local authority and must be handled in the same manner as citations issued by peace officers of the local authority.
Mont. Code Ann. § 20-25-604 — MT Code / Title 20 / Chapter 25 / Part 6 / Section 20-25-604
20-25-604 Department in advisory capacity
Status: in_force

20-25-604 . Department in advisory capacity. The department of public health and human services shall act in an advisory capacity in establishing all courses required under this part, and the courses may be established only after consultation with and advice by the department.
Mont. Code Ann. § 20-1-407 — MT Code / Title 20 / Chapter 1 / Part 4 / Section 20-1-407
20-1-407 Inspection of exits -- cooperation with local authorities having jurisdiction in drills
Status: in_force

20-1-407 . Inspection of exits -- cooperation with local authorities having jurisdiction in drills. It is the duty of the school authorities to inspect all exit facilities periodically in order to make sure that all stairways, doors, and other exits are in proper condition. School authorities shall cooperate with the local authorities having jurisdiction in conducting disaster drills.
Mont. Code Ann. § 20-9-235 — MT Code / Title 20 / Chapter 9 / Part 2 / Section 20-9-235
20-9-235 Authorization for school district investment account
Status: in_force

20-9-235 . (Temporary) Authorization for school district investment account. (1) The trustees of a school district may establish investment accounts and may temporarily transfer into the accounts all or a portion of any of its budgeted or nonbudgeted funds.

(2) Money transferred into investment accounts established under this section may be expended from a subsidiary checking account under the conditions specified in subsection (3)(b).

(3) The district may either:

(a) establish and use the accounts as nonspending accounts to ensure that district funds remain in an interest-bearing status until money is reverted to the budgeted or nonbudgeted fund of original deposit as necessary for use by the county treasurer to pay claims against the district. The district shall ensure that sufficient money is reverted to the district's budgeted and nonbudgeted funds maintained by the county treasurer in sufficient time to pay all claims presented against the applicable funds of the district. The county treasurer shall accept all money that is reverted upon tendered transfer of the district.

(b) establish a subsidiary checking account for expenditures from the investment accounts. The district may write checks on or provide electronic payments from the account if:

(i) the payments made from the accounts representing budgeted funds are in compliance with the budget adopted by the trustees;

(ii) the accounts are subject to the audit of district finances completed for compliance with 2-7-503 and 20-9-503 ; and

(iii) the district complies with all accounting system requirements required by the superintendent of public instruction.

(4) (a) A district that chooses to establish a school district investment account described in this section shall enter into a written agreement with the county treasurer. The agreement must:

(i) establish specific procedures and reporting dates to comply with the requirements of subsection (3);

(ii) be binding upon the district and the county treasurer for a negotiated period of time;

(iii) be signed by the presiding officer of the board of trustees and the county treasurer; and

(iv) coincide with fiscal years beginning on July 1 and ending on June 30.

(b) The district and the county treasurer may renew an agreement, including terms and conditions on which they agree, provided that the terms and conditions comply with the provisions of this section.

(5) Unless otherwise provided by law, all other revenue may be sent directly to a participating district's investment account.

(6) The trustees shall implement an accounting system for the investment account pursuant to rules adopted by the superintendent of public instruction. The rules for the accounting system must include but are not limited to:

(a) providing for the internal control of deposits into and transfers between a district's investment accounts and budgeted and nonbudgeted funds of the district;

(b) requiring that the principal and interest earned on the principal is allocated to the budgeted or nonbudgeted fund from which the deposit was originally made; and

(c) ensuring that other proper accounting principles are followed.

(7) All interest earned on the district's general fund deposits must be allocated for district property tax reduction as required by 20-9-141 .

(8) In making deposits to investment accounts under this section, a district shall comply with the requirements of Title 17, chapter 6, part 1, with respect to deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration, as applicable.

(9) A district establishing investment accounts under the section shall pay the automated clearinghouse system charges for all automated clearinghouse transfers made by the office of public instruction to the district's accounts.
Mont. Code Ann. § 20-20-107 — MT Code / Title 20 / Chapter 20 / Part 1 / Section 20-20-107
20-20-107 Election expenses
Status: in_force

20-20-107 . Election expenses. (1) All expenses necessarily incurred in the matter of holding school elections must be paid out of the school funds of the district, except when the expenses are by law to be shared by a community college district for which the district is conducting an election.

(2) The trustees shall pay the election judges of a school election at least the state or federal minimum wage, whichever is greater, for each hour of service in connection with the election, including the number of hours required to attend training pursuant to 20-20-109 .

(3) Election judges are exempt from unemployment insurance coverage for services performed pursuant to this chapter if the remuneration received by the election judge is less than $1,000 per calendar year.
Mont. Code Ann. § 20-5-413 — MT Code / Title 20 / Chapter 5 / Part 4 / Section 20-5-413
20-5-413 Limits on liability
Status: in_force

20-5-413 . Limits on liability. (1) A parent-designated adult who administers glucagon pursuant to 20-5-412 is not liable to a person for civil damages resulting from administering the glucagon unless the acts or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.

(2) The school district employing the parent-designated adult is not liable to a person for civil damages resulting from the administration of the glucagon unless the acts or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
Mont. Code Ann. § 20-6-301 — MT Code / Title 20 / Chapter 6 / Part 3 / Section 20-6-301
20-6-301 High school district classification
Status: in_force

20-6-301 . High school district classification. The classification of a high school district must be the same as the classification of the elementary district ( 20-6-201 ) where the high school building is located. If there is more than one elementary district in which operating high school buildings are located, the classification of the high school district must be the same as the classification of the elementary district described in 20-6-201 in which the operating high school building that was first constructed is located. Whenever the classification of such elementary district is changed, the classification of a high school district must be changed accordingly and the county superintendent shall adjust the number of additional high school district trustee positions in accordance with the method prescribed in 20-3-354 for the determination of the number of additional trustee positions required for a high school district. An increased number of trustee positions must be filled by the appointment of the county superintendent, and those positions are subject to election at the next regular trustee election. When the number of positions is decreased, the next additional high school trustee positions that become vacant under any circumstances may not be filled until the number of trustee positions has been reduced to the number required by law.
Mont. Code Ann. § 20-25-224 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-224
20-25-224 Agricultural research centers
Status: in_force

20-25-224 . Agricultural research centers. (1) The following agricultural research centers are established as a part of the agricultural experiment station:

(a) the central agricultural research center, located near Moccasin;

(b) the western agricultural research center, located near Corvallis;

(c) the northern agricultural research center, located near Havre;

(d) the southern agricultural research center, located near Huntley;

(e) the northwestern agricultural research center, located near Kalispell;

(f) the eastern agricultural research center, located near Sidney.

(2) All research centers shall be under the general supervision of the director of the agricultural experiment station.
Mont. Code Ann. § 20-25-1501 — MT Code / Title 20 / Chapter 25 / Part 15 / Section 20-25-1501
20-25-1501 Definitions
Status: in_force

20-25-1501 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Materially and substantially disrupt" means conduct by a person who acts purposely or knowingly to:

(i) significantly hinder the expressive activity of another person or group;

(ii) prevent the communication of an expressive activity; or

(iii) prevent the transaction of business at a lawful meeting, gathering, or procession by:

(A) engaging in fighting or other violent or unlawful behavior; or

(B) physically blocking or using threats of violence to prevent another person from attending, listening to, viewing, or otherwise participating in an expressive activity.

(b) The term does not include conduct that is protected under the first amendment of the United States constitution or under Article II, section 7, of the Montana constitution, including but not limited to:

(i) lawful protests in outdoor areas of campus; or

(ii) minor, brief, or fleeting nonviolent disruption of an event that is isolated or short in duration.

(2) (a) "Outdoor area of campus" means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas.

(b) The term does not include an outdoor area where access is restricted from a majority of the public.

(3) "Public postsecondary institution" means:

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

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

(4) "Student" means a person who is enrolled full-time or part-time at a public postsecondary institution.

(5) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.
Mont. Code Ann. § 20-10-207 — MT Code / Title 20 / Chapter 10 / Part 2 / Section 20-10-207
20-10-207 School food services fund
Status: in_force

20-10-207 . School food services fund. The trustees of any district offering school food services shall establish a school food services fund under the provisions of 20-10-204 . Such fund shall be a nonbudgeted fund and shall be financially administered under the provisions of this title for a nonbudgeted fund.
Mont. Code Ann. § 20-9-465 — MT Code / Title 20 / Chapter 9 / Part 4 / Section 20-9-465
20-9-465 Action to restrain bond issue -- time for bringing
Status: in_force

20-9-465 . Action to restrain bond issue -- time for bringing. (1) No action may be brought for the purpose of restraining the issuance and sale of bonds or other obligations by any school district or for the purpose of restraining the levy and collection of taxes for the payment of such bonds or other obligations after the expiration of 60 days from the date of the election on such bonds or obligations or, if no election was held thereon, after the expiration of 60 days from the date of the resolution authorizing the issuance thereof on account of any defect, irregularity, or informality in giving notice of or in holding the election; nor may any defense based upon any such defect, irregularity, or informality be interposed in any action unless brought within this period.

(2) This section applies but is not limited to any action and defense in which the issue is raised whether a voted debt or liability has carried by the required majority vote of the electors qualified and offering to vote thereon.
Mont. Code Ann. § 20-9-383 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-383
20-9-383 Incentives for school districts based on sharing resources
Status: in_force

20-9-383 . Incentives for school districts based on sharing resources. (1) Beginning in school fiscal year 2027, a school district must receive an enhanced quality educator and qualified staff payment, calculated as provided in 20-9-306 and this section, if it meets the legislative goals for resource sharing as described in this section.

(2) If two or more school districts, or three or more school districts when one district is either an elementary or high school district of a unified school system, cooperate to jointly employ an individual who qualifies as a quality educator or qualified staff under 20-9-327 , with each district employing the individual as no less than a 0.33 full-time equivalent employee, that employee must be counted as a 1.0 full-time equivalent employee for the purposes of calculating the total quality educator and qualified staff payment provided in 20-9-306 for each district participating in the joint employment of the individual.

(3) Joint employment for school districts [is met] if the districts employ the individual directly or through the terms of a multidistrict agreement as provided in 20-3-363 .
Mont. Code Ann. § 20-25-301 — MT Code / Title 20 / Chapter 25 / Part 3 / Section 20-25-301
20-25-301 Regents' powers and duties
Status: in_force

20-25-301 . Regents' powers and duties. The board of regents of higher education shall serve as regents of the Montana university system, shall use and adopt this style in all its dealings with the university system, and:

(1) must have general control and supervision of the units of the Montana university system, which is considered for all purposes one university;

(2) shall adopt rules for its own government that are consistent with the constitution and the laws of the state and that are proper and necessary for the execution of the powers and duties conferred upon it by law;

(3) shall provide, subject to the laws of the state, rules for the government of the system;

(4) shall grant diplomas and degrees to the graduates of the system upon the recommendation of the faculties and have discretion to confer honorary degrees upon persons other than graduates upon the recommendation of the faculty of the institutions;

(5) shall keep a record of its proceedings;

(6) must have, when not otherwise provided by law, control of all books, records, buildings, grounds, and other property of the system;

(7) must receive from the board of land commissioners, from other boards or persons, or from the government of the United States all funds, income, and other property that the system may be entitled to and use and appropriate the property for the specific purpose of the grant or donation;

(8) must have general control of all receipts and disbursements of the system;

(9) shall appoint a president or chancellor and faculty for each of the institutions of the system, appoint any other necessary officers, agents, and employees, and fix their compensation;

(10) shall confer, at the regents' discretion, upon the president and faculty of each of the units of the system for the best interest of the unit authority relating to the immediate control and management, other than financial, and the selection of teachers and employees;

(11) shall prevent unnecessary duplication of courses at the units of the system;

(12) shall appoint a certified professional geologist or registered mining engineer as the director of the Montana state bureau of mines and geology, who is the state geologist, and appoint any other necessary assistants and employees and fix their compensation;

(13) shall supervise and control the agricultural experiment station, along with any executive or subordinate board or authority that may be appointed by the governor with the advice and consent of the regents;

(14) shall adopt a seal bearing on its face the words "Montana university system", which must be affixed to all diplomas and all other papers, instruments, or documents that may require it;

(15) shall ensure an adequate level of security for data, as defined in 2-15-102 , within the state university system. In carrying out this responsibility, the board of regents shall, at a minimum, address the responsibilities prescribed in 2-15-114 .

(16) shall offer courses in vocational-technical education of a type and in a manner considered necessary or practical by the regents.
Mont. Code Ann. § 20-3-101 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-101
20-3-101 Election and qualifications
Status: in_force

20-3-101 . Election and qualifications. (1) A superintendent of public instruction for the state of Montana must be elected by the qualified electors of the state at the general election preceding the expiration of the term of office of the incumbent.

(2) A person is qualified to assume the office of superintendent of public instruction who:

(a) is 25 years of age or older at the time of election;

(b) has resided within the state for the 2 years preceding the election;

(c) holds at least a bachelor's degree from an accredited college or university; and

(d) otherwise possesses the qualifications for office that are required by The Constitution of the State of Montana.
Mont. Code Ann. § 20-25-223 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-223
20-25-223 Director of agricultural experiment station -- duties
Status: in_force

20-25-223 . Director of agricultural experiment station -- duties. The director shall have the immediate direction, management, and control of the agricultural experiment station, subject to the general supervision, direction, and control of the regents and the president of the state university.
Mont. Code Ann. § 20-20-417 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-417
20-20-417 Request for county election administrator to conduct election
Status: in_force

20-20-417 . Request for county election administrator to conduct election. (1) By June 1 of each year, the trustees of a district may request the county election administrator to conduct certain school elections during the ensuing school fiscal year. The request must be made by a resolution of the board of trustees.

(2) Whenever the county election administrator agrees to conduct a school election, the administrator shall:

(a) perform the duties imposed on the trustees and the clerk of the district for school elections in 20-20-203 , 20-20-313 , and 20-20-401 ; and

(b) deliver to the trustees, for the purpose of canvassing the vote, the certified tally sheets and other items as provided in 13-15-301 .

(3) Whenever the trustees request and the county election administrator agrees to conduct a school election, the school district shall pay the costs of the election as provided in 13-1-302 .
Mont. Code Ann. § 20-3-110 — MT Code / Title 20 / Chapter 3 / Part 1 / Section 20-3-110
20-3-110 State high school diploma -- duties of superintendent of public instruction -- rulemaking
Status: in_force

20-3-110 . State high school diploma -- duties of superintendent of public instruction -- rulemaking. (1) The superintendent of public instruction shall develop a process through which a resident of the state who has exhausted, in the determination of the superintendent, the possibility of earning a diploma from a high school accredited by the board of public education can pursue a Montana proficiency-based diploma by demonstrating:

(a) proficiency of the content standards adopted by the board of public education through alternative means; and

(b) perseverance and dedication in accomplishing a rigorous, long-term goal requiring maturity and the application of knowledge to real-world situations.

(2) When an individual demonstrates proficiency, perseverance, and dedication as determined by the superintendent of public instruction under subsection (1), the superintendent may issue to the individual a Montana proficiency-based diploma.

(3) An individual enrolled in a home school or nonpublic school is not eligible for a Montana proficiency-based diploma under this section.

(4) The superintendent of public instruction shall by rule prescribe the eligibility and qualifications for pursuing a Montana proficiency-based diploma under this section.
Mont. Code Ann. § 20-6-109 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-109
20-6-109 Advisory council
Status: in_force

20-6-109 . Advisory council. (1) A school district with an enrollment of isolated pupils comprising 5% or more of its budgeted ANB shall establish an advisory council dedicated to fostering open dialogue and collaboration on matters that impact isolated pupils and other nonresident pupils from the areas in which isolated pupils reside. The council shall serve in an advisory capacity as a vital forum for listening to and voicing the concerns and insights of parents, guardians, and community members regarding the educational experiences of isolated pupils.

(2) The board of trustees of the school district of attendance shall appoint members to the advisory council following a public notice process that invites community participation and expressions of interest. The size of the council, the terms of service, and specific responsibilities must be outlined by district policy. A majority of the council's members must be parents or legal guardians of isolated pupils. The board may appoint other stakeholders at its discretion.

(3) The agenda for regular meetings of the board may include, at the council's request, a dedicated item for a report from the advisory council.
Mont. Code Ann. § 20-3-332 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-332
20-3-332 Personal immunity of trustees
Status: in_force

20-3-332 . Personal immunity of trustees. (1) When acting in their official capacity at a regular or special meeting of the board or a committee of the board, the trustees of each district are individually immune from suit for damages, as provided in 2-9-305 .

(2) The trustees of each district are responsible for the proper administration and use of all money of the district in accordance with the provisions of law and this title. Failure or refusal to do so constitutes grounds for removal from office.

(3) An additional trustee, as provided for in 20-3-352 (2), who is chosen as a nonvoting presiding officer of the board of trustees of an elementary district is entitled to all of the immunization, defenses, and indemnifications described in subsection (1) of this section.
Mont. Code Ann. § 20-7-205 — MT Code / Title 20 / Chapter 7 / Part 2 / Section 20-7-205
20-7-205 Reporting school library information
Status: in_force

20-7-205 . Reporting school library information. The trustees shall report school library information requested by the superintendent of public instruction, by the board of public education, or when there is no district superintendent or principal, by the county superintendent.
Mont. Code Ann. § 20-6-102 — MT Code / Title 20 / Chapter 6 / Part 1 / Section 20-6-102
20-6-102 Confirmation of existing district boundaries
Status: in_force

20-6-102 . Confirmation of existing district boundaries. All districts established under the laws of the state of Montana or the territory of Montana and defined by the boundaries described in the records of each county on January 26, 1971, shall be recognized as the districts of the state on such date.
Mont. Code Ann. § 20-6-624 — MT Code / Title 20 / Chapter 6 / Part 6 / Section 20-6-624
20-6-624 School building plans and specifications approval before payment
Status: in_force

20-6-624 . School building plans and specifications approval before payment. (1) The trustees of a district may not make any payment under a contract for the construction of school facilities until the plans and specifications for the construction have been approved under the provisions of 20-6-622 .

(2) A contractor, architect, trustee, or any other person, firm, or corporation who violates the provisions of 20-6-622 , this section, or any regulation promulgated by the department of public health and human services or the department of justice is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 or more than $500.
Mont. Code Ann. § 20-31-101 — MT Code / Title 20 / Chapter 31 / Part 1 / Section 20-31-101
20-31-101 Definitions
Status: in_force

20-31-101 . Definitions. In this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Board" means the board of regents provided for in Article X, section 9, subsection (2), of the 1972 Montana constitution and 2-15-1505 .

(2) "Council" means the fire services training advisory council provided for in 2-15-1519 .

(3) "Director" means the director of the fire services training school provided for in 2-15-1518 .
Mont. Code Ann. § 20-9-101 — MT Code / Title 20 / Chapter 9 / Part 1 / Section 20-9-101
20-9-101 Application of budget system for districts and counties
Status: in_force

20-9-101 . (Temporary) Application of budget system for districts and counties. The school budgeting procedure and provisions of this title apply to elementary and high school districts, to county funds supporting school district transportation and retirement obligations, and, whenever specified, to community college districts and to all funds requiring the adoption of a budget. Each district shall separately propose and adopt a budget in accordance with the requirements of this title.
Mont. Code Ann. § 20-7-411 — MT Code / Title 20 / Chapter 7 / Part 4 / Section 20-7-411
20-7-411 Regular classes preferred -- obligation to establish special education program
Status: in_force

20-7-411 . Regular classes preferred -- obligation to establish special education program. (1) A child with a disability in Montana is entitled to a free appropriate public education provided in the least restrictive environment. To the maximum extent appropriate, a child with a disability, including a child in a public or private institution or other care facility, must be educated with children who do not have disabilities. Separate schooling or other removal of a child with a disability from the regular educational environment may occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(2) The board of trustees of every school district or a state-operated adult health care facility providing special education services to its residents shall provide or establish and maintain a special education program for each child with a disability who is 5 years of age or older and under 19 years of age.

(3) The board of trustees of each elementary district shall provide or establish and maintain a special education program for each preschool child with a disability who is 3 years of age or older and under 7 years of age.

(4) (a) The board of trustees of a school district or a state-operated adult health care facility providing special education services to its residents may provide or establish and maintain a special education program for a child with a disability who is 2 years of age or under or who is 19 years of age or older and under 22 years of age.

(b) Programs established pursuant to subsection (4)(a) do not obligate the state, a school district, or a state-operated adult health care facility providing special education services to its residents to offer regular educational programs to a similar age group unless specifically provided by law.

(5) The board of trustees of a school district or a state-operated adult health care facility providing special education services to its residents may meet its obligation to serve persons with disabilities by establishing its own special education program, by establishing a cooperative special education program, by participating in a regional services program, or by contracting for services from qualified providers. A state-operated adult health care facility providing special education services to its residents may also meet its obligation by coordinating appropriate services with the resident's school district of residence, the local high school district, or both.

(6) The trustees of a school district or a state-operated adult health care facility providing special education services to its residents shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child's special education services, related services, or supplementary aids.
Mont. Code Ann. § 20-7-103 — MT Code / Title 20 / Chapter 7 / Part 1 / Section 20-7-103
20-7-103 Montana pathway to excellence program -- purpose
Status: in_force

20-7-103 . Montana pathway to excellence program -- purpose. (1) Sections 20-7-103 and 20-7-104 may be known as the pathway to excellence program.

(2) The purpose of the pathway to excellence program is to promote educational excellence in Montana's public schools through data-driven decisionmaking.

(3) It is the intent of the program that Montana K-12 public education remain focused on continuous improvement and increased academic achievement for students in public schools.
Mont. Code Ann. § 20-3-341 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-341
20-3-341 Number of trustee positions in elementary districts -- transition
Status: in_force

20-3-341 . Number of trustee positions in elementary districts -- transition. The number of trustee positions in each elementary district shall vary according to the district's classification, as established by 20-6-201 :

(1) There must be seven trustee positions in a first-class elementary district.

(2) There must be five trustee positions in a second-class elementary district; however, on a majority vote of the board of trustees, the number may be increased to seven trustee positions at the next trustee election if notice of the action of the board of trustees is published by the clerk of the district in a newspaper of general circulation in the county prior to January 1 of the year of the trustee election. The board of trustees may reduce the number of trustee positions from seven to five upon receiving a petition for that purpose from at least 10 qualified electors of the district.

(3) There must be three trustee positions in a third-class elementary district; however, on a majority vote of the board of trustees, the number may be increased to five trustee positions at the next trustee election if notice of the action of the board of trustees is published by the clerk of the district in a newspaper of general circulation in the county prior to January 1 of the year of the trustee election. The board of trustees may reduce the number of trustee positions from five to three upon receiving a petition for that purpose from at least 10 qualified electors of the district.

(4) (a) If the number of trustee positions in a second-class elementary district is decreased from seven to five in accordance with the provisions of subsection (2), one position is eliminated at the time of the first subsequent regular school election and one position is eliminated at the next regular school election.

(b) If the number of trustee positions in a third-class elementary district is decreased from five to three in accordance with the provisions of subsection (3), one position is eliminated at the time of the first subsequent school election when two trustee positions would have been filled and one position is eliminated at the next school election when two trustee positions would have been filled.
Mont. Code Ann. § 20-9-333 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-333
20-9-333 Basic county tax for high school equalization and other revenue for county equalization of high school BASE funding program
Status: in_force

20-9-333 . Basic county tax for high school equalization and other revenue for county equalization of high school BASE funding program. (1) The county commissioners of each county shall levy an annual basic county tax of 22 mills on the dollar of the taxable value of all taxable property within the county, except for property subject to a tax or fee under 61-3-321 (2) or (3), 61-3-529 , 61-3-537 , 61-3-562 , 61-3-570 , and 67-3-204 , for the purposes of high school equalization and state BASE funding program support. The revenue collected from this levy must be apportioned to the support of the BASE funding programs of high school districts in the county and to the school equalization and property tax reduction account established in 20-9-336 in the following manner:

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

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

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

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

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

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

(b) In accordance with 20-9-212 (1), the county treasurer shall keep a separate accounting of the revenue provided for in subsection (2)(a).
Mont. Code Ann. § 20-7-1337 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1337
20-7-1337 School marshal program -- trustees' duties
Status: in_force

20-7-1337 . School marshal program -- trustees' duties. (1) To implement a school marshal program, the trustees shall:

(a) ensure that a school district employee who is appointed as a school marshal satisfies the qualifications required under 20-7-1335 ; and

(b) adopt a written school marshal program policy as required under 20-7-1336 (3).

(2) An individual's status as a school marshal ends if:

(a) the individual's license to carry a concealed weapon is suspended or revoked;

(b) the school marshal is an employee of the school district and the employee's employment with the school district ends; or

(c) the board of trustees sends written notice to the individual that the individual's services as a school marshal are no longer required.
Mont. Code Ann. § 20-25-231 — MT Code / Title 20 / Chapter 25 / Part 2 / Section 20-25-231
20-25-231 Federal grants and cooperative research studies
Status: in_force

20-25-231 . Federal grants and cooperative research studies. The director of the agricultural experiment station may take appropriate steps to qualify for and receive grants and other forms of assistance made available by the government of the United States and may enter into agreements with governmental agencies for cooperative research studies.
Mont. Code Ann. § 20-2-122 — MT Code / Title 20 / Chapter 2 / Part 1 / Section 20-2-122
20-2-122 Executive secretary to board of public education -- staff
Status: in_force

20-2-122 . Executive secretary to board of public education -- staff. The board of public education may:

(1) appoint an executive secretary and employ other persons within legislatively authorized appropriations;

(2) prescribe the term, duties, and compensation of its executive secretary;

(3) provide office space for its staff to carry out its duties.
Mont. Code Ann. § 20-20-410 — MT Code / Title 20 / Chapter 20 / Part 4 / Section 20-20-410
20-20-410 Oath of judges
Status: in_force

20-20-410 . Oath of judges. Before votes are cast, the school election judges shall take and subscribe the official oath prescribed by the constitution. The election judges may administer the oath to each other.
Mont. Code Ann. § 20-7-1302 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1302
20-7-1302 Definitions
Status: in_force

20-7-1302 . Definitions. As used in 20-7-1301 through 20-7-1304 , the following definitions apply:

(1) "Concussion" means an injury to the brain arising from blunt trauma, an acceleration force, or a deceleration force, which may include one of the following observed or self-reported conditions attributable to the injury:

(a) transient confusion, disorientation, or impaired consciousness;

(b) dysfunction of memory;

(c) loss of consciousness; or

(d) signs of other neurological or neuropsychological dysfunction, including:

(i) increased irritability;

(ii) lethargy;

(iii) vomiting;

(iv) headache;

(v) dizziness;

(vi) fatigue;

(vii) decreased balance; and

(viii) seizures.

(2) "Licensed health care professional" means a registered, licensed, certified, or otherwise statutorily recognized health care professional whose training includes the evaluation and management of concussions consistent with current medical knowledge.

(3) (a) "Organized youth athletic activity" means an athletic activity organized or sponsored by a school district, nonpublic school, or youth athletic organization in which the participants are engaged in an athletic game or competition against another team, club, or entity, in practice, tryouts, training exercises, or sports camps, or in preparation for an athletic game or competition against another team, club, or entity.

(b) The term does not include recess or physical education classes conducted by a school district or nonpublic school.

(4) "Youth athlete" means an individual who is an active participant in an organized youth athletic activity.

(5) "Youth athletic organization" means any entity that organizes or sponsors an organized youth athletic activity.
Mont. Code Ann. § 20-3-306 — MT Code / Title 20 / Chapter 3 / Part 3 / Section 20-3-306
20-3-306 Conduct of election
Status: in_force

20-3-306 . Conduct of election. (1) The trustees of each district shall call a trustee election on the regular school election day of each school fiscal year under the provisions of 20-20-201 , except as provided in 20-3-313 . The trustees shall call and conduct the trustee election in the manner prescribed in this title for school elections and Title 13. Any elector qualified to vote under the provisions of 20-20-301 may vote at a trustee election.

(2) The trustee election ballots must be substantially in the following form:

OFFICIAL BALLOT SCHOOL TRUSTEE ELECTION

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

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

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

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

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

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

☐ (List the names of the candidates for a 1-year term with a vacant square in front of each name.)
Mont. Code Ann. § 20-5-314 — MT Code / Title 20 / Chapter 5 / Part 3 / Section 20-5-314
20-5-314 Reciprocal attendance agreement with adjoining state or province
Status: in_force

20-5-314 . Reciprocal attendance agreement with adjoining state or province. (1) The superintendent of public instruction may execute a reciprocal attendance agreement with the superintendent of public instruction or a department of education of any state or province adjoining Montana to allow a child who is a Montana resident to attend school in the adjoining state or province and a child of the adjoining state or province to attend school in Montana. In negotiating a reciprocal attendance agreement, the tuition rates prescribed by 20-5-323 are waived and the reciprocal tuition rate may be negotiated as a flat amount or an actual-cost-per-pupil amount. The superintendent of public instruction shall supply a copy of any reciprocal attendance agreement that is executed to the county superintendent of each county that may be affected by the agreement.

(2) An out-of-district attendance agreement approved under the provisions of 20-5-320 and 20-5-321 must be completed for a child's attendance at a school outside the state or for an out-of-state child to attend a school in Montana.
Mont. Code Ann. § 20-6-806 — MT Code / Title 20 / Chapter 6 / Part 8 / Section 20-6-806
20-6-806 Charter contract -- terms
Status: in_force

20-6-806 . Charter contract -- terms. (1) An initial charter must be granted for a term of 5 operating years, commencing on July 1 of the first school year the public charter school will operate. An approved public charter school may delay its opening for 1 school year to plan and prepare for the school's opening. If the school requires an opening delay of more than 1 school year, the school shall request an extension from the board of public education. The board of public education may grant or deny the extension depending on the school's circumstances.

(2) Within 45 business days of approval of a charter proposal, the board of public education and the governing board of the approved public charter school district shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged.

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

(4) The charter contract must be signed by the presiding officers of the board of public education and the public charter school's governing board.

(5) A public charter school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the board of public education.

(6) The board of public education may establish reasonable preopening requirements or conditions to monitor the startup progress of a newly approved public charter school to ensure that the school is prepared to open smoothly on the date agreed and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening. Public charter schools approved by the board of public education are exempt from the requirements for school opening under Title 20, chapter 6, part 5.
Mont. Code Ann. § 20-6-702 — MT Code / Title 20 / Chapter 6 / Part 7 / Section 20-6-702
20-6-702 Funding for K-12 school districts
Status: in_force

20-6-702 . (Temporary) Funding for K-12 school districts. (1) Notwithstanding the provisions of subsections (2) through (6), a K-12 school district formed under the provisions of 20-6-701 is subject to the provisions of law for high school districts.

(2) The number of elected trustees of the K-12 school district must be based on the classification of the attached elementary district under the provisions of 20-3-341 and 20-3-351 .

(3) Calculations for the following must be made separately for the elementary school program and the high school program of a K-12 school district:

(a) the calculation of ANB for purposes of determining the total per-ANB entitlements must be in accordance with the provisions of 20-9-311 ;

(b) the basic county tax for elementary equalization and revenue for the elementary BASE funding program for the district must be determined in accordance with the provisions of 20-9-331 , and the basic county tax for high school equalization and revenue for the high school BASE funding program for the district must be determined in accordance with 20-9-333 ;

(c) the guaranteed tax base aid for BASE funding program purposes for a K-12 school district must be calculated separately, using each district's guaranteed tax base ratio, as defined in 20-9-366 . The BASE budget levy to be levied for the K-12 school district must be prorated based on the ratio of the BASE funding program amounts for elementary school programs to the BASE funding program amounts for high school programs.

(d) the levy authority limits under 20-9-502 (3) and the corresponding state school major maintenance aid under 20-9-525 for a K-12 school district must be calculated separately for the K-12 school district's elementary and high school programs in the same manner as those limits and aid would be calculated if the K-12 school district consisted of a separate elementary and high school district.

(4) The retirement obligation and eligibility for retirement guaranteed tax base aid for a K-12 school district must be calculated and funded as a high school district retirement obligation under the provisions of 20-9-501 .

(5) For the purposes of budgeting for a K-12 school district, the trustees shall adopt a single fund for any of the budgeted or nonbudgeted funds described in 20-9-201 for the costs of operating all grades and programs of the district.

(6) Tuition for attendance in the K-12 school district must be determined separately for high school pupils and for elementary pupils under the provisions of 20-5-320 through 20-5-324 .
Mont. Code Ann. § 20-7-802 — MT Code / Title 20 / Chapter 7 / Part 8 / Section 20-7-802
20-7-802 How program operated -- independently or cooperatively -- delegation
Status: in_force

20-7-802 . How program operated -- independently or cooperatively -- delegation. Any city, town, school district, or any board thereof, including a board of park commissioners, may:

(1) (a) operate such a program independently; or

(b) cooperate in its operation and conduct with any other body authorized hereby to conduct such a program and in any manner upon which they may mutually agree; or

(2) delegate the operation of the program to a board of recreation created by any city, town, school district, or any board thereof, including any board of park commissioners, operating or proposing to operate a program independently or with any cooperating bodies in such manner as they may agree, and all moneys appropriated for the purposes of such program may be expended by such board.
Mont. Code Ann. § 20-9-601 — MT Code / Title 20 / Chapter 9 / Part 6 / Section 20-9-601
20-9-601 Public school fund
Status: in_force

20-9-601 . Public school fund. The public school fund must be maintained by the state treasurer as a fund in the permanent fund type, and the principal amount of the fund is irreducible and permanent. The following money must be credited to the fund as an addition to the irreducible and permanent principal amount:

(1) appropriations and donations by the state;

(2) donations and bequests by individuals to the state or schools;

(3) the proceeds of land and other property that revert to the state by escheat and forfeiture;

(4) the proceeds of all property granted to the state, when the purpose of the grant is not specified or is uncertain;

(5) funds accumulated in the treasury of the state for the disbursement of which provision has not been made by law;

(6) except as provided in 77-1-109 , the proceeds of the sale of stone, materials, or other property from school lands other than those granted for specific purposes and all money other than rental recovered from persons trespassing on the lands;

(7) the principal of all money arising from the sale of lands and other property that has been and may be granted to the state for the support of common schools;

(8) except as provided in 77-1-109 , the amount earmarked for deposit in this fund under the provisions of 20-9-341 ; and

(9) other money as may be provided by the legislature.
Mont. Code Ann. § 20-3-206 — MT Code / Title 20 / Chapter 3 / Part 2 / Section 20-3-206
20-3-206 Additional positions
Status: in_force

20-3-206 . Additional positions. In the capacity as county superintendent, the county superintendent shall also serve as:

(1) the presiding officer of the county transportation committee, as prescribed by 20-10-131 ;

(2) an attendance officer for a district under the conditions prescribed by 20-5-104 ; and

(3) the clerk of a joint board of trustees under the conditions prescribed by 20-3-361 .
Mont. Code Ann. § 20-1-212 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-212
20-1-212 Destruction of records by school officer
Status: in_force

20-1-212 . Destruction of records by school officer. (1) Upon the order of the board of trustees, a school officer may destroy records that have met the retention period, as contained in the local government records retention and disposition schedules, and, with written approval of the local government records destruction subcommittee provided for in 2-6-1202 , any records not referenced in the retention and disposition schedule that are no longer needed by the office.

(2) Each student's permanent file, as defined by the board of public education, must be permanently kept in a secure location. Other student records must be maintained and destroyed as provided in subsection (1). Personnel files must be kept for 10 years after termination.
Mont. Code Ann. § 20-9-706 — MT Code / Title 20 / Chapter 9 / Part 7 / Section 20-9-706
20-9-706 Running start program -- authorizing class credits at postsecondary institution -- eligibility -- payment for credits
Status: in_force

20-9-706 . Running start program -- authorizing class credits at postsecondary institution -- eligibility -- payment for credits. (1) As used in this section, "postsecondary institution" means a unit of the Montana university system, a public community college, or a tribal college.

(2) A school district may enter into an interlocal agreement pursuant to Title 7, chapter 11, with a postsecondary institution to institute a "running start" program to allow 11th and 12th grade students, as defined by the district, to attend classes at the postsecondary institution at a cost determined by the interlocal agreement and to obtain credits in classes not available through the school district.

(3) An agreement entered into by the district and the postsecondary institution must state the amount for each credit to be paid to the postsecondary institution by the district or the student.

(4) To participate in the program, a student shall complete a running start application provided by the district. The district shall determine whether the student has the skills needed to succeed in the proposed college coursework. If accepted, a student may earn both high school and college credits as determined by the interlocal agreement.

(5) In registering 11th and 12th grade students in the program, a postsecondary institution may not displace adult students attending the postsecondary institution.

(6) If accepted into the program, the student is responsible for transportation, books, and all supplies.

(7) If a student accepted into the program drops out of a class or classes at the postsecondary institution during the drop period established by the postsecondary institution, the postsecondary institution shall reimburse the district or the student the cost associated with the student's credits as determined by the interlocal agreement.
Mont. Code Ann. § 20-8-109 — MT Code / Title 20 / Chapter 8 / Part 1 / Section 20-8-109
20-8-109 Time of regular school term
Status: in_force

20-8-109 . Time of regular school term. The regular term of school shall be as provided in 20-1-301 .
Mont. Code Ann. § 20-9-330 — MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-330
20-9-330 American Indian achievement gap payment
Status: in_force

20-9-330 . American Indian achievement gap payment. (1) The state shall provide an American Indian achievement gap payment to public school districts, as defined in 20-6-101 and 20-6-701 , for the purpose of closing the educational achievement gap that exists between American Indian students and non-Indian students.

(2) (a) The American Indian achievement gap payment is calculated as provided in 20-9-306 , using the number of American Indian students enrolled in the district based on the count of regularly enrolled students on the first Monday in October of the prior school year as reported to the office of public instruction.

(b) A school district may not require a student to disclose the student's race.

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

(4) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the change in status of standardized test scores, graduation rates, and drop-out rates of American Indian students.
Mont. Code Ann. § 20-7-1502 — MT Code / Title 20 / Chapter 7 / Part 15 / Section 20-7-1502
20-7-1502 Purpose -- intent
Status: in_force

20-7-1502 . Purpose -- intent. (1) The purposes of this part are to:

(a) expand personalized career and technical education opportunities for middle school and high school pupils;

(b) reduce out-of-pocket costs for pupils and families in support of a pupil's postsecondary success;

(c) empower pupils to actively engage in forming their postsecondary success path; and

(d) provide expanded flexibility to districts in supporting each pupil's postsecondary success path to align with each pupil's individual interests, passions, strengths, needs, and culture.

(2) The legislature intends to fulfill the purposes under subsection (1) by authorizing elected boards of school districts to develop initiatives using advanced opportunity aid that makes a prudent long-term investment in Montana youth by providing state funding for advanced educational opportunities and individualized pathways for career and postsecondary opportunities for pupils through career and technical education that allow pupils to accelerate and self-direct their learning.
Mont. Code Ann. § 20-1-205 — MT Code / Title 20 / Chapter 1 / Part 2 / Section 20-1-205
20-1-205 Conflict of interest
Status: in_force

20-1-205 . Conflict of interest. In the event there should arise a conflict of interest relating solely to the performance of the official duties of the county attorney and which does not relate to a conflict of interest involving the private employment of the county attorney, the trustees of any school district shall employ any other attorney licensed in Montana.
Mont. Code Ann. § 20-25-708 — MT Code / Title 20 / Chapter 25 / Part 7 / Section 20-25-708
20-25-708 Approval of salaries
Status: in_force

20-25-708 . Approval of salaries. The salaries paid to students employed under this program and the number of hours each student works shall be approved by institution officers administering the program, subject to guidelines promulgated by the board of regents of higher education; provided that in no case will any student employed under the program be paid less than the minimum wage as provided by law.
Mont. Code Ann. § 20-7-1326 — MT Code / Title 20 / Chapter 7 / Part 13 / Section 20-7-1326
20-7-1326 Pupil records -- online privacy protections
Status: in_force

20-7-1326 . Pupil records -- online privacy protections. (1) A school district may, pursuant to a policy adopted by its trustees, enter into a contract with a third party to:

(a) provide services, including cloud-based services, for the digital storage, management, and retrieval of pupil records; or

(b) provide digital educational software that authorizes a third-party provider of digital educational software to access, store, and use pupil records in accordance with the contractual provisions listed in subsection (2).

(2) A school district that enters into a contract with a third party for purposes of subsection (1) shall ensure the contract contains all of the following:

(a) a statement that pupil records continue to be the property of and under the control of the school district;

(b) notwithstanding subsection (2)(a), a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account;

(c) a prohibition against the third party for using any information in pupil records for any purpose other than those required or specifically permitted by the contract;

(d) a description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil's records and correct erroneous information;

(e) a description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records. Compliance with this requirement does not, in itself, absolve the third party of liability in the event of an unauthorized disclosure of pupil records.

(f) a description of the procedures for notifying the affected parent, legal guardian, or pupil if 18 years of age or older in the event of an unauthorized disclosure of the pupil's records;

(g) a certification that pupil records will not be retained or available to the third party upon completion of the terms of the contract and a description of how that certification will be enforced. This requirement does not apply to pupil-generated content if a pupil chooses to establish or maintain an account with the third party for the purpose of storing that content pursuant to subsection (2)(b).

(h) a description of how the school district and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g); and

(i) a prohibition against the third party using personally identifiable information in pupil records to engage in targeted advertising.

(3) In addition to any other penalties, a contract that fails to comply with the requirements of this section is void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any party to the contract. All parties subject to a contract voided under this subdivision shall return all pupil records in their possession to the school district.

(4) If the provisions of this section are in conflict with the terms of a contract in effect before May 7, 2019, the provisions of this section do not apply to the school district or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement.

(5) Nothing in this section may be construed to impose liability on a third party for content provided by any other third party.