reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-328. Legislative intent

20-7-328. Legislative intent.
(1) It is the intent of the legislature that the administration of the programs authorized by the Carl D. Perkins Career and Technical Education Improvement Act of 2006 provide a seamless system of services to those people seeking to improve their career and technical skills.
(2) It is the intent of the legislature that the superintendent of public instruction and the commissioner work cooperatively in providing that system of career and technical services at both the secondary and postsecondary levels.
(3) It is the intent of the legislature that the development of the state plan for career and technical education be a cooperative effort of the superintendent of public instruction and the commissioner in consultation with teachers, students, and institutions or agencies that provide the services and activities.
History: En. Sec. 1, Ch. 460, L. 1999; amd. Sec. 43, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-329. Eligible agency for federal vocational education requirements

20-7-329. Eligible agency for federal vocational education requirements.
(1) The board of regents is the eligible agency for purposes of the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, which requires a state participating in programs under that act to designate a state board as the eligible agency responsible for administration or supervision of those programs.
(2) The board of regents shall contract with the superintendent of public instruction for the administration and supervision of K-12 career and technical education programs, services, and activities allowed by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, and in concert with the state plan for career and technical education required by the act. The board of regents may contract with other agencies for the administration and supervision of technical education programs, services, and activities that receive funding allowed by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended.
History: En. Sec. 2, Ch. 460, L. 1999; amd. Sec. 11, Ch. 133, L. 2001; amd. Sec. 44, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-330. Creation of state plan committee -- meetings -- report

20-7-330. Creation of state plan committee -- meetings -- report.
(1) The superintendent of public instruction and the commissioner shall each appoint three people from their respective advisory boards to serve on a committee to review and update the 5-year state plan for career and technical education as required by 20 U.S.C. 2323. Two members appointed from each advisory board must be educators, and the remaining member appointed from each advisory board must be a representative of a business or community interest.
(2) At least four times a year, the board of regents shall meet with the superintendent of public instruction, teachers, students, labor organizations, businesses, and institutions or agencies involved in vocational and technical education to:
(a) discuss the state plan;
(b) identify any issues or concerns with the administration of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 in Montana;
(c) identify the needs of technical students and programs in Montana and determine the best way to meet those needs; and
(d) if necessary, make changes in the administration and operation of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 in Montana.
(3) The board of regents shall report the results of the meetings required in subsection (2) to the legislature in accordance with the provisions of 5-11-210.
History: En. Sec. 3, Ch. 460, L. 1999; amd. Sec. 1, Ch. 130, L. 2001; amd. Sec. 45, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-331. Repealed

20-7-331. Repealed.
Sec. 31, Ch. 658, L. 1987.
History: En. 75-7712 by Sec. 415, Ch. 5, L. 1971; (amd. Sec. 12, Ch. 434, L. 1975 -- [unconstitutional, 167 M 261]; Sec. 12, Ch. 434, L. 1975 repealed by Sec. 1, Ch. 4, L. 1977); R.C.M. 1947, 75-7712.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-334. Advancing agricultural education in Montana program account

20-7-334. Advancing agricultural education in Montana program account.
(1) There is an advancing agricultural education in Montana program account in the state special revenue fund provided for in 17-2-102.
(2) Money in the account and money appropriated by the legislature for the purpose of this section must be used by the office of public instruction for addressing the stability of and making improvements to Montana's agricultural education programs. The office of public instruction shall adopt rules to implement the national quality program standards.
(3) (a) Each agricultural education program in the state that completes the national quality program standard evaluation as adopted by rule and submits a plan of improvement to the office of public instruction's agricultural education specialist may receive a payment of $1,000 prorated per full-time equivalent teacher endorsed in agricultural education who teaches approved agricultural education courses through the local agricultural education program.
(b) Each agricultural education program in the state that submits a detailed budget to increase the quality of its agricultural education program based on the plan of improvement may receive a payment of up to $1,000 prorated per full-time equivalent teacher endorsed in agricultural education who teaches approved agricultural education courses through the local agricultural education program.
(c) Each school that adds agricultural education to its curriculum and recruits and retains an endorsed agricultural education teacher must receive a payment of up to $7,500. A school with an existing agricultural education program is eligible for an additional payment of up to $7,500 each time the school expands the program's teaching staff by adding a full-time equivalent teacher endorsed in agricultural education.
(d) Program administrators in Bozeman and Helena must receive a total of $20,000 annually for the costs of providing a minimum of one onsite visit each year to each participating school.
History: En. Sec. 1, Ch. 418, L. 2009; amd. Sec. 1, Ch. 337, L. 2011; amd. Sec. 1, Ch. 245, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 3. Vocational and Technical Education › 20-7-335. Career coaching for career technical education and K-12 career and vocational/technical education -- duties

20-7-335. Career coaching for career technical education and K-12 career and vocational/technical education -- duties.
(1) A high school district may utilize a career coach for educational and career counseling opportunities for students.
(2) A career coach may offer opportunities for internships or apprenticeships within a community and assist students with high school course offerings, career options, occupational training, and postsecondary opportunities associated with the student's field of interest within the career technical education and K-12 career and vocational/technical education programs provided for in Title 20, chapter 7, part 3.
(3) To be eligible to be a career coach, a person must have:
(a) a bachelor's degree or a class 4 vocational, recreational, or adult education certificate in accordance with 20-4-106;
(b) an associate degree and have completed a minimum of 5,000 hours of documented, relevant work experience with recognized credentials, which may include apprenticeship training; or
(c) a high school diploma or high school equivalency diploma and have completed a minimum of 10,000 hours of documented, relevant work experience with recognized credentials, which may include apprenticeship training.
History: En. Sec. 1, Ch. 724, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-401. Definitions

20-7-401. Definitions.
In this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Child with a disability" means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services.
(2) "Free appropriate public education" means special education and related services that:
(a) are provided at public expense under public supervision and direction and without charge;
(b) meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;
(c) include preschool, elementary school, and high school education in Montana; and
(d) are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.
(3) "Related services" means services in accordance with regulations of the Individuals With Disabilities Education Act that are required to assist a child with a disability to benefit from special education.
(4) "Special education" means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with a disability, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.
(5) "State-operated adult health care facility providing special education services to its residents" means the Montana state hospital, the Montana mental health nursing care center, or the Montana chemical dependency treatment center.
(6) "Surrogate parent" means an individual appointed to safeguard a child's rights and protect the child's interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.
History: En. 75-7801 by Sec. 419, Ch. 5, L. 1971; amd. Sec. 1, Ch. 93, L. 1974; amd. Sec. 27, Ch. 266, L. 1977; amd. Sec. 1, Ch. 539, L. 1977; R.C.M. 1947, 75-7801; amd. Sec. 1, Ch. 311, L. 1981; amd. Sec. 1, Ch. 461, L. 1983; amd. Sec. 1, Ch. 560, L. 1985; amd. Sec. 1, Ch. 618, L. 1985; amd. Sec. 6, Ch. 413, L. 1989; amd. Sec. 19, Ch. 16, L. 1991; amd. Sec. 3, Ch. 249, L. 1991; amd. Sec. 1, Ch. 356, L. 1993; amd. Sec. 19, Ch. 472, L. 1997; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 479, L. 2003; amd. Sec. 1, Ch. 44, L. 2011; amd. Sec. 6, Ch. 444, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-402. Special education to comply with board policies

20-7-402. Special education to comply with board policies.
(1) The conduct of special education programs must comply with the policies recommended by the superintendent of public instruction and adopted by the board of public education. These policies must ensure and include but are not limited to:
(a) placement of a child with a disability in the least restrictive environment;
(b) due process for a child with a disability, including the appointment of a surrogate parent if necessary;
(c) use of an evaluation team to identify a child with a disability and to plan individual education programs;
(d) an evaluation process consistent with the requirements of the Individuals With Disabilities Education Act; and
(e) other policies needed to ensure a free appropriate public education.
(2) The superintendent of public instruction shall promulgate rules to administer the policies of the board of public education.
History: En. 75-7802 by Sec. 420, Ch. 5, L. 1971; amd. Sec. 2, Ch. 539, L. 1977; R.C.M. 1947, 75-7802; amd. Sec. 2, Ch. 618, L. 1985; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 255, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-404. Cooperation of state agencies

20-7-404. Cooperation of state agencies.
(1) The department of public health and human services and the state school for the deaf and blind shall cooperate with the superintendent of public instruction in:
(a) assisting school districts in discovering children in need of special education; and
(b) carrying out the provisions of Title 52, chapter 2, part 9.
(2) This section may not be construed to interfere with the purpose and function of these state agencies.
History: En. 75-7804 by Sec. 422, Ch. 5, L. 1971; amd. Sec. 5, Ch. 539, L. 1977; R.C.M. 1947, 75-7804; amd. Sec. 23, Ch. 609, L. 1987; amd. Sec. 69, Ch. 546, L. 1995; amd. Sec. 4, Ch. 521, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-412. Repealed

20-7-412. Repealed.
Sec. 10, Ch. 255, L. 2005.
History: En. 75-7806 by Sec. 424, Ch. 5, L. 1971; amd. Sec. 1, Ch. 122, L. 1971; amd. Sec. 2, Ch. 123, L. 1971; amd. Sec. 3, Ch. 93, L. 1974; amd. Sec. 7, Ch. 539, L. 1977; R.C.M. 1947, 75-7806; amd. Sec. 4, Ch. 558, L. 1979; amd. Sec. 5, Ch. 249, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-413. Repealed

20-7-413. Repealed.
Sec. 7, Ch. 356, L. 1993.
History: En. 75-7807 by Sec. 425, Ch. 5, L. 1971; amd. Sec. 3, Ch. 123, L. 1971; amd. Sec. 4, Ch. 93, L. 1974; amd. Sec. 8, Ch. 539, L. 1977; R.C.M. 1947, 75-7807.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-414. Determination of children in need and type of special education needed

20-7-414. Determination of children in need and type of special education needed.
(1) The determination of the children requiring special education and the type of special education needed by these children is the responsibility of the school district, and the determination must be made in compliance with the procedures established in the rules of the superintendent of public instruction. The school district shall make available a free appropriate public education, in accordance with 20-7-411, to all children who are eligible under the Individuals With Disabilities Education Act and who reside in the school district.
(2) The trustees of a school district shall establish and implement policies and procedures for the conduct of special education that are consistent with the Individuals With Disabilities Education Act and with state laws and rules of the board of public education and the superintendent of public instruction.
History: En. 75-7811 by Sec. 429, Ch. 5, L. 1971; amd. Sec. 12, Ch. 539, L. 1977; R.C.M. 1947, 75-7811; amd. Sec. 4, Ch. 618, L. 1985; amd. Sec. 17, Ch. 11, Sp. L. June 1989; amd. Sec. 6, Ch. 249, L. 1991; amd. Sec. 4, Ch. 356, L. 1993; amd. Sec. 55, Ch. 633, L. 1993; amd. Sec. 4, Ch. 255, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-415. Repealed

20-7-415. Repealed.
Sec. 7, Ch. 356, L. 1993.
History: En. 75-7817 by Sec. 4, Ch. 539, L. 1977; R.C.M. 1947, 75-7817; amd. Sec. 10, Ch. 249, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-419. Rules

20-7-419. Rules.
The superintendent of public instruction shall adopt rules for the implementation of 20-7-420, 20-7-421, 20-7-422, 20-7-435, and 20-7-436, including but not limited to:
(1) the calculation of tuition under 20-7-420;
(2) the calculation and distribution of funds under 20-7-435; and
(3) the determination of responsibilities of children's psychiatric hospitals, residential treatment facilities, therapeutic group homes, and public schools pursuant to 20-7-435.
History: En. Sec. 7, Ch. 375, L. 1993; amd. Sec. 2, Ch. 156, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-420. Residency requirements -- financial responsibility for special education

20-7-420. Residency requirements -- financial responsibility for special education.
(1) Except for a pupil attending the Montana youth challenge program or a job corps program pursuant to 20-9-707, a child's district of residence for special education purposes must be determined in accordance with the provisions of 1-1-215.
(2) The superintendent of public instruction is financially responsible for a portion of tuition and transportation as established under 20-5-323 and 20-5-324 for a child with a disability, as defined in 20-7-401, who attends school outside the district of residence because the student has been placed in a foster care or group home licensed by the state. The superintendent of public instruction is not financially responsible for tuition and transportation for a child who is placed by a state agency in an out-of-state public school or an out-of-state private residential facility.
(3) A state agency that makes a placement of a child with a disability is responsible for the financial costs of room and board and the treatment of the child. The state agency that makes an out-of-state placement of a child with a disability is responsible for the education fees required to provide a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
History: En. Sec. 1, Ch. 470, L. 1979; amd. Sec. 4, Ch. 765, L. 1991; amd. Sec. 1, Ch. 375, L. 1993; amd. Sec. 10, Ch. 563, L. 1993; amd. Sec. 28, Ch. 509, L. 1995; amd. Sec. 5, Ch. 529, L. 1997; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 6, Ch. 343, L. 1999; amd. Sec. 2, Ch. 132, L. 2005; amd. Sec. 5, Ch. 255, L. 2005; amd. Sec. 4, Ch. 463, L. 2005; amd. Sec. 1, Ch. 137, L. 2009; amd. Sec. 5, Ch. 211, L. 2011; amd. Sec. 4, Ch. 371, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-421. Arranging attendance in another district in lieu of a special education program -- tuition

20-7-421. Arranging attendance in another district in lieu of a special education program -- tuition.
(1) In accordance with a placement decision made by persons determining an individualized education program for a child with a disability, the trustees may arrange for the attendance of a child in need of special education and related services in another district within the state of Montana.
(2) Tuition and transportation as required under 20-5-323 may be charged as provided in 20-7-420.
History: En. 75-7808 by Sec. 426, Ch. 5, L. 1971; amd. Sec. 1, Ch. 140, L. 1975; amd. Sec. 9, Ch. 539, L. 1977; R.C.M. 1947, 75-7808; amd. Sec. 2, Ch. 470, L. 1979; amd. Sec. 2, Ch. 481, L. 1979; amd. Sec. 2, Ch. 661, L. 1979; amd. Sec. 5, Ch. 765, L. 1991; amd. Sec. 2, Ch. 375, L. 1993; amd. Sec. 11, Ch. 563, L. 1993; amd. Sec. 99(4), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-422. Out-of-state placement of child with disability -- payment of costs

20-7-422. Out-of-state placement of child with disability -- payment of costs.
(1) In accordance with a placement made by persons determining an individualized education program for a child with a disability, the trustees of a district may arrange for the attendance of the child in a special education program offered outside of the state of Montana.
(2) Except as provided in subsection (3), when the persons determining the individualized education program of a child with a disability who is in need of special education recommend placement in an out-of-state private residential facility, the trustees of the district of residence shall negotiate the amount and manner of payment of all costs associated with the placement.
(3) Whenever a child with a disability who is in need of special education and related services is placed by a state agency in an out-of-state residential facility, the state agency making the placement shall pay the education costs resulting from the placement.
(4) The state agency shall place the child with a disability in a facility that will provide the child with a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4.
History: En. 75-7809 by Sec. 427, Ch. 5, L. 1971; amd. Sec. 2, Ch. 140, L. 1975; amd. Sec. 10, Ch. 539, L. 1977; R.C.M. 1947, 75-7809; amd. Sec. 3, Ch. 661, L. 1979; amd. Sec. 24, Ch. 609, L. 1987; amd. Sec. 18, Ch. 11, Sp. L. June 1989; amd. Sec. 6, Ch. 765, L. 1991; amd. Sec. 3, Ch. 375, L. 1993; amd. Sec. 12, Ch. 563, L. 1993; amd. Sec. 2, Ch. 458, L. 1995; amd. Sec. 6, Ch. 529, L. 1997; amd. Sec. 3, Ch. 550, L. 1997; amd. Sec. 99(4), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-423. Repealed

20-7-423. Repealed.
Sec. 13, Ch. 765, L. 1991.
History: En. 75-7809.1 by Sec. 11, Ch. 539, L. 1977; R.C.M. 1947, 75-7809.1; amd. Sec. 4, Ch. 661, L. 1979; amd. Sec. 10, Ch. 249, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-424. No tuition when attending state institution

20-7-424. No tuition when attending state institution.
Whenever a child is attending a state-funded institution in Montana, the resident district or county is not required to pay tuition to the state institution for the child, but whenever at the recommendation of institution officials the child attends classes conducted by a school within a local district, the district or county where the parents or guardian of the child maintains legal residence shall pay tuition to the district operating the school in accordance with the provisions of 20-5-321 or 20-7-421, whichever section applies to the circumstances of the child. Transportation payments must be made for students enrolled in any school district classes or receiving training, including summer sessions, at the state institution. The schedule of transportation payments must be approved in accordance with existing transportation payment schedules and must be approved by the county transportation committee and the superintendent of public instruction.
History: En. 75-7810 by Sec. 428, Ch. 5, L. 1971; amd. Sec. 1, Ch. 282, L. 1971; amd. Sec. 1, Ch. 45, L. 1973; amd. Sec. 7, Ch. 91, L. 1973; R.C.M. 1947, 75-7810; amd. Sec. 13, Ch. 563, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-441. Repealed

20-7-441. Repealed.
Sec. 10, Ch. 255, L. 2005.
History: En. 75-7814 by Sec. 432, Ch. 5, L. 1971; amd. Sec. 14, Ch. 539, L. 1977; R.C.M. 1947, 75-7814.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-442. Repealed

20-7-442. Repealed.
Sec. 10, Ch. 255, L. 2005.
History: En. 75-7815 by Sec. 433, Ch. 5, L. 1971; R.C.M. 1947, 75-7815; amd. Sec. 4, Ch. 711, L. 1991; amd. Sec. 1, Ch. 9, Sp. L. July 1992.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-443. Financial assistance special education services for children under 6 years of age

20-7-443. Financial assistance special education services for children under 6 years of age.
Any district providing special education services for children under 6 years of age is eligible for financial assistance in accordance with 20-7-431 and for transportation reimbursement in accordance with Title 20, chapters 7 and 10, and rules adopted by the superintendent of public instruction.
History: En. 75-7816 by Sec. 434, Ch. 5, L. 1971; amd. Sec. 2, Ch. 122, L. 1971; amd. Sec. 15, Ch. 539, L. 1977; R.C.M. 1947, 75-7816; amd. Sec. 7, Ch. 255, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-451. Authorization to create full service education cooperatives

20-7-451. Authorization to create full service education cooperatives.
(1) A school district may contract with one or more other school districts to establish a cooperative to perform any or all education administrative services, activities, and undertakings that the school district entering into the contract is authorized by law to perform. The cooperative contract must be authorized by the boards of trustees of the districts entering into the contract.
(2) A cooperative contract may allow money allocated to a cooperative to be expended for:
(a) recruitment of professionals or employees for the cooperative; and
(b) facility rental and supportive services, including but not limited to janitorial and communication services.
History: En. Sec. 1, Ch. 471, L. 1979; amd. Sec. 1, Ch. 156, L. 1985; amd. Sec. 2, Ch. 343, L. 1989; amd. Sec. 1, Ch. 136, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-452. Detailed contents of full service education cooperative contracts

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.
History: En. Sec. 2, Ch. 471, L. 1979; amd. Sec. 3, Ch. 343, L. 1989; amd. Sec. 2, Ch. 136, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-454. Final approval and filing of full service education cooperative contract

20-7-454. Final approval and filing of full service education cooperative contract.
Prior to commencement of its performance, a full service education cooperative contract made pursuant to 20-7-451, 20-7-452, and 20-7-454 through 20-7-456 must be:
(1) submitted to the superintendent of public instruction who has final approval authority pursuant to the policies of the board of public education;
(2) filed with the county clerk and recorder of the county or counties in which the school districts involved are located; and
(3) filed with the secretary of state.
History: En. Sec. 4, Ch. 471, L. 1979; amd. Sec. 3, Ch. 136, L. 1991; amd. Sec. 4, Ch. 94, L. 2007.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-455. Authorization to appropriate funds for purpose of full service education cooperative contract

20-7-455. Authorization to appropriate funds for purpose of full service education cooperative contract.
A school district entering into a full service education cooperative contract pursuant to 20-7-451, 20-7-452, and 20-7-454 through 20-7-456 may appropriate funds for and may sell, lease, or otherwise give or supply to the administrative officer, management board, or joint board created for the purpose of performance of the cooperative contract any material, personnel, or services that are within its legal power to furnish.
History: En. Sec. 5, Ch. 471, L. 1979; amd. Sec. 4, Ch. 136, L. 1991; amd. Sec. 5, Ch. 94, L. 2007.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-456. Tenure of teachers employed by cooperatives

20-7-456. Tenure of teachers employed by cooperatives.
(1) Teachers who have tenure rights with a district and are employed by a cooperative of which their district is a member do not lose their tenure with the district.
(2) Nontenured teachers employed by a cooperative acquire tenure with a cooperative in the same manner as prescribed in 20-4-203, and the provisions of 20-4-204 through 20-4-207 are applicable to teachers employed by a cooperative.
(3) Tenure for a teacher employed by a cooperative is acquired only with the cooperative and not with a member school district of a cooperative.
(4) For the purposes of tenure of a teacher employed by a cooperative, cooperative contract renewals may not be used to limit the teacher's progress toward tenure status.
History: En. Sec. 6, Ch. 471, L. 1979; amd. Sec. 5, Ch. 136, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-457. Funding provisions for special education cooperatives

20-7-457. Funding provisions for special education cooperatives.
(1) The superintendent of public instruction shall pay directly to a special education cooperative the special education allowable cost payments determined pursuant to 20-9-321.
(2) A school district that elects to participate in a cooperative for special education purposes shall agree in the cooperative contract to participate for a period of at least 3 years.
(3) A cooperative that has not met the requirements of 20-7-454 may not be funded under the provisions of this section except by approval of the superintendent of public instruction. The superintendent shall adopt rules for approval of full service education cooperatives.
(4) A full service education cooperative may establish a retirement fund, a miscellaneous programs fund, and a transportation fund, as provided for in 20-9-201, for the purposes of a full service education cooperative contract and the purposes allowed by law.
(5) The superintendent of public instruction, after consulting with regional representatives, shall define boundaries for cooperatives established for special education programs that incorporate the territory of all public school districts.
(6) Restructuring of cooperatives established for providing special education services must:
(a) be limited to a statewide total of no more than 23;
(b) include districts that are adjacent to each other and not overlapping into another cooperative's territory; and
(c) provide that all districts located within a cooperative's boundary may voluntarily become a cooperative member.
History: En. Sec. 4, Ch. 343, L. 1989; amd. Sec. 6, Ch. 136, L. 1991; amd. Sec. 4, Ch. 568, L. 1991; amd. Sec. 2, Ch. 466, L. 1993; amd. Sec. 6, Ch. 94, L. 2007; amd. Sec. 3, Ch. 9, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-458. Repealed

20-7-458. Repealed.
Secs. 9, 10(2), Ch. 466, L. 1993.
History: En. Sec. 5, Ch. 343, L. 1989; amd. Sec. 7, Ch. 136, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-461. Appointment and termination of appointment of surrogate parent

20-7-461. Appointment and termination of appointment of surrogate parent.
(1) A school district or institution that provides education to a child with a disability shall adopt procedures to assign an individual to act as a surrogate parent for a child with a disability whenever the parents or guardian cannot be identified or, after reasonable efforts, the location of the parents cannot be discovered or if the child is a ward of the state. Within 10 days of determining that a child is in need of a surrogate parent, the school district or its designee or the governing authority of an institution or its designee shall nominate a surrogate parent and deliver the appropriate documentation to the youth court.
(2) The person nominated as a surrogate parent must be an adult who is not an employee of a state or local educational agency that is providing educational services to the child. The surrogate parent may not have a vested interest that will conflict with the person's representation and protection of the child. The surrogate, whenever practicable, must be knowledgeable about the educational system, special education requirements, and the legal rights of the child in relation to the educational system. Whenever practicable, the surrogate parent must be familiar with the cultural or language background of the child.
(3) The nomination for appointment of a surrogate parent, along with all necessary supporting documents, must be submitted to the youth court for official appointment of the surrogate parent by the court. The trustees of a school district or their designee or the governing authority of an institution or its designee shall take all reasonable action to ensure that the youth court appoints or denies the appointment of a person nominated as a surrogate parent within 20 days of the court's receipt of all necessary supporting documents. If the youth court denies an appointment, the trustees of a district or their designee or the governing authority of an institution or its designee shall nominate another person to be appointed as the surrogate parent. If the youth court fails to act within 20 days, the individual nominated is the surrogate parent for the child.
(4) The superintendent of public instruction shall adopt rules for a procedure to terminate the appointment of a surrogate parent when:
(a) a child's parents are identified;
(b) the location of the parents is discovered;
(c) the child is no longer a ward of the state; or
(d) the surrogate parent wishes to discontinue the appointment.
History: En. Sec. 5, Ch. 618, L. 1985; amd. Sec. 7, Ch. 249, L. 1991; amd. Sec. 5, Ch. 356, L. 1993; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 16, L. 2003; amd. Sec. 8, Ch. 255, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-462. Responsibilities of surrogate parent

20-7-462. Responsibilities of surrogate parent.
A person assigned as a surrogate parent shall represent the child with a disability in all decisionmaking processes concerning the child's education by:
(1) becoming thoroughly acquainted with the child's history and other information contained in school and other pertinent files, records, and reports relating to that child's educational needs;
(2) complying with state and federal law as to the confidentiality of all records and information to which the person is privy pertaining to that child and using discretion in the necessary sharing of the information with appropriate people for the purpose of furthering the interests of the child;
(3) becoming familiar with the educational evaluation and placement for the child and by giving approval or disapproval for the evaluation and placement and reviewing and evaluating special education programs pertaining to the child and other programs that may be available; and
(4) initiating any mediation, hearing, or appeal procedures necessary and seeking qualified legal assistance whenever the assistance is in the best interest of the child.
History: En. Sec. 6, Ch. 618, L. 1985; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 305, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-463. Surrogate parent -- immunity from liability -- reimbursement

20-7-463. Surrogate parent -- immunity from liability -- reimbursement.
(1) A person appointed as a surrogate parent is exempt from liability for any act or omission performed by the person in the capacity as a surrogate parent except an act or omission that is found to have been committed in a grossly negligent or malicious manner.
(2) A surrogate parent has the same protection and immunity in professional communications as a teacher.
(3) A surrogate parent must be reimbursed by the school district for all reasonable and necessary expenses incurred in the pursuit of the surrogate parent's duties, as prescribed by rules adopted by the superintendent of public instruction.
History: En. Sec. 7, Ch. 618, L. 1985; amd. Sec. 306, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-470. Blind persons' literacy rights and education -- short title

20-7-470. Blind persons' literacy rights and education -- short title.
Sections 20-7-470 through 20-7-475 may be cited as the "Blind Persons' Literacy Rights and Education Act".
History: En. Sec. 1, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-471. Blind persons' literacy rights and education -- definitions

20-7-471. Blind persons' literacy rights and education -- definitions.
As used in 20-7-470 through 20-7-475, unless the context requires otherwise, the following definitions apply:
(1) "Blind or visually impaired child" means an individual who is eligible for special education services and who:
(a) has a visual acuity of 20/70 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(b) has a medically indicated expectation of visual deterioration that would qualify the child as having a visual acuity as described in subsection (1)(a).
(2) "Braille" means the system of reading and writing through touch, commonly known as standard English Braille.
(3) "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. 1401(11).
History: En. Sec. 2, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-472. Individualized education program for child with blindness

20-7-472. Individualized education program for child with blindness.
The individualized education program for each blind or visually impaired child must be provided in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
History: En. Sec. 3, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-473. Standards of competency and instruction -- Braille reading and writing

20-7-473. Standards of competency and instruction -- Braille reading and writing.
Instruction in Braille reading and writing must be provided in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
History: En. Sec. 4, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-474. Instructional materials and Braille equipment -- Braille equipment loan program

20-7-474. Instructional materials and Braille equipment -- Braille equipment loan program.
The Montana school for the deaf and blind shall establish a Braille electronic equipment loan program that may be used by a school district to provide Braille equipment as specified in a student's individualized education program. The equipment must be loaned on a temporary basis to a school district, but the district is responsible for purchasing like equipment required by the student's individualized education program.
History: En. Sec. 5, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 4. Special Education for Exceptional Children › 20-7-475. Blind persons' literacy rights and education -- personnel training

20-7-475. Blind persons' literacy rights and education -- personnel training.
The board of public education shall establish standards to ensure that individuals who provide Braille instruction are appropriately trained and supervised.
History: En. Sec. 6, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-501. Definitions

20-7-501. Definitions.
As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Teacher of traffic education" means an instructor approved by the superintendent of public instruction to teach traffic education.
(2) "Traffic education" means instruction in motor vehicle, bicycle, pedestrian, and school bus traffic laws or motorcycle laws, in the acceptance of personal responsibility on the public highways, in the causes and consequences of traffic accidents, and in the skills necessary for the safe operation of bicycles and motor vehicles or motorcycles. The instruction must be designed to improve public awareness of motor vehicle, pedestrian, and school bus safety with regard to protecting school-age children.
(3) "Traffic education account" means the state treasury account in the state special revenue fund for the deposit and disbursement of state traffic education revenue.
(4) "Traffic education course" means a course of traffic education that has been approved by the superintendent of public instruction.
History: En. 75-7901 by Sec. 435, Ch. 5, L. 1971; R.C.M. 1947, 75-7901; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 428, L. 1991; amd. Sec. 4, Ch. 701, L. 1991; amd. Sec. 3, Ch. 181, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-502. Duties of superintendent of public instruction

20-7-502. Duties of superintendent of public instruction.
The superintendent of public instruction shall:
(1) develop, administer, and supervise a program of instruction in traffic education;
(2) establish basic course requirements in instruction for traffic education;
(3) establish the qualifications for a teacher of traffic education;
(4) approve teachers of traffic education when the teachers are qualified;
(5) establish criteria for traffic education course approval based on the basic course requirements, teacher of traffic education qualifications, and the requirements of law;
(6) approve traffic education courses when the courses meet the criteria for approval, including a commercially available private traffic education course;
(7) promulgate a policy for the distribution of the traffic education money to approved traffic education courses and annually order the distribution of the proceeds of the traffic education account in the manner required by law;
(8) assist districts with the conduct of traffic education;
(9) periodically conduct onsite driver education program reviews;
(10) establish any alternative course requirements necessary to allow a district to provide an online or distance learning classroom component for a traffic education course pursuant to 20-7-503(2)(a); and
(11) establish any alternative course requirements necessary to allow the student's parents or guardian to instruct the student in the hands-on driving component of a traffic education course pursuant to 20-7-503(2)(b).
History: En. 75-7904 by Sec. 438, Ch. 5, L. 1971; R.C.M. 1947, 75-7904; amd. Sec. 5, Ch. 701, L. 1991; amd. Sec. 4, Ch. 181, L. 1999; amd. Sec. 1, Ch. 450, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-503. District establishment of traffic education program

20-7-503. District establishment of traffic education program.
(1) The trustees of any district operating a junior high school or high school may establish and maintain a traffic education course. The traffic education course shall be:
(a) for students who are 15 years old or older or will have reached their 15th birthday within 6 months of the course completion;
(b) taught by a teacher of traffic education;
(c) conducted in accordance with the basic course requirements established by the superintendent of public instruction; and
(d) taught during regular school hours, after regular school hours, on Saturdays, or as a summer school course, at the option of the trustees.
(2) (a) A school district may offer the classroom portion of a traffic education course through an online or distance learning platform.
(b) When a student completes the classroom portion of a traffic education course pursuant to subsection (2)(a), the student is authorized to take the hands-on driving portion of the traffic education course under the instruction of the student's parent or guardian.
History: En. 75-7905 by Sec. 439, Ch. 5, L. 1971; R.C.M. 1947, 75-7905; amd. Sec. 2, Ch. 450, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-504. State traffic education account -- proceeds earmarked for account -- transmittal

20-7-504. State traffic education account -- proceeds earmarked for account -- transmittal.
(1) There is a traffic education account in the treasury of the state of Montana.
(2) When a county is required to transmit fees directly to the department of revenue, the gross proceeds, including the portion of the fees to be credited to the traffic education account, must be transmitted to the department of revenue and the appropriate portion must be deposited in the traffic education account.
History: En. 75-7902 by Sec. 436, Ch. 5, L. 1971; R.C.M. 1947, 75-7902; amd. Sec. 96, Ch. 421, L. 1979; amd. Sec. 1, Ch. 487, L. 1981; amd. Sec. 7, Ch. 277, L. 1985; amd. Sec. 13, Ch. 557, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 701, L. 1991; amd. Sec. 2, Ch. 11, Sp. L. July 1992; amd. Sec. 3, Ch. 39, Sp. L. November 1993; amd. Sec. 29, Ch. 509, L. 1995; amd. Sec. 111, Ch. 42, L. 1997; amd. Sec. 5, Ch. 181, L. 1999; amd. Sec. 10, Ch. 237, L. 2001; amd. Sec. 47, Ch. 257, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-505. Repealed

20-7-505. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. 75-7903 by Sec. 437, Ch. 5, L. 1971; R.C.M. 1947, 75-7903; amd. Sec. 2, Ch. 487, L. 1981; amd. Sec. 14, Ch. 557, L. 1987.