reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1311. Child sexual abuse awareness and prevention

20-7-1311. Child sexual abuse awareness and prevention.
(1) The office of public instruction is encouraged to develop and maintain model school district policies and procedures for child sexual abuse awareness, prevention, response, and reporting.
(2) The office of public instruction shall make any model policies and procedures developed under subsection (1) available for voluntary adoption by school district trustees.
(3) Any model policies and procedures developed under subsection (1) may include the following topics:
(a) basic principles of child sexual abuse prevention;
(b) warning signs of a child who is being sexually abused;
(c) actions that a child who is a victim of sexual abuse may take to obtain assistance;
(d) counseling options;
(e) educational support available for a child who is a victim of sexual abuse to enable the child to develop the child's full educational potential; and
(f) response and reporting procedures.
History: En. Sec. 1, Ch. 218, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1315. First aid training in schools

20-7-1315. First aid training in schools.
(1) The office of public instruction shall, in consultation with school districts, the department of public health and human services, the American heart association, and the American red cross, provide guidance and technical support and make available a program of study to Montana schools on:
(a) basic first aid;
(b) basic cardiopulmonary resuscitation; and
(c) the use of automated external defibrillators.
(2) The guidance and program of study under subsection (1) must comply with current evidence-based guidance from the American heart association or another national science organization. The office of public instruction shall annually notify high school and K-12 school districts during the month of August in writing or electronically of the availability and any updating of the guidance and program of study under subsection (1).
(3) School districts are encouraged to incorporate the program of study under subsection (1) during health enhancement courses during high school as required in the accreditation standards and to include in the program of study hands-on practicing of cardiopulmonary resuscitation.
(4) A school district and the office of public instruction may accept from any person, public entity, or other legal entity in-kind donations of materials, equipment, or services that may be used in the program of study under subsection (1).
(5) The office of public instruction, in consultation with the department of public health and human services, shall assist districts in carrying out a program under this section, including providing guidelines and advice for seeking grants for the purchase of automated external defibrillators or seeking donations of automated external defibrillators. The office of public instruction may coordinate with local health districts or other organizations in seeking grants and donations for this purpose.
(6) A school district may use any of the following persons to provide instruction and training pursuant to this section:
(a) emergency care providers;
(b) fire department personnel;
(c) police officers;
(d) representatives of the American heart association;
(e) representatives of the American red cross;
(f) teachers;
(g) other school employees; and
(h) other similarly qualified persons.
History: En. Sec. 1, Ch. 190, L. 2017; amd. Sec. 5, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1316. Child sex trafficking prevention

20-7-1316. Child sex trafficking prevention.
The office of public instruction is encouraged to undertake activities to educate Montanans about and prevent child sex trafficking. Activities may include but are not limited to:
(1) reviewing best practices for preventing child sex trafficking;
(2) providing access to educational resources for interested parents, teachers, child-care providers, and other community members on how to prevent child sex trafficking, on the warning signs of child sex trafficking, and on predatory behaviors;
(3) coordinating educational and prevention efforts with law enforcement, the department of public health and human services, and local organizations that work to prevent child sex trafficking; and
(4) supporting school districts in developing:
(a) policies on child sex trafficking awareness, prevention, response, and reporting; and
(b) educational materials and curricula aimed at preventing child sex trafficking.
History: En. Sec. 1, Ch. 294, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1317. Electronic directory photograph repository -- use in search for missing child only -- annual opt-in notice required

20-7-1317. Electronic directory photograph repository -- use in search for missing child only -- annual opt-in notice required.
(1) The office of public instruction shall create and maintain an electronic directory photograph repository to store directory photographs of individual students. Any directory photographs that are collected and stored pursuant to this section may be used for the sole purpose of making a current photograph available to a law enforcement authority when a student is identified as a missing child.
(2) When a student is identified as a missing child pursuant to Title 44, chapter 2, part 5, the superintendent of public instruction shall:
(a) provide the directory photograph, if there is one available in the repository, to the appropriate law enforcement authority; and
(b) include the directory photograph with the monthly list of missing Montana school children distributed pursuant to 44-2-506.
(3) Inclusion of an individual student's directory photograph in the electronic directory photograph repository is optional. The trustees of each school district shall send an annual notice to the parent or guardian of each student with:
(a) information about the electronic directory photograph repository;
(b) a form to allow the parent or guardian to choose to have the student's photograph included in the repository for that school year;
(c) information about the use of the directory photographs if a student is identified as a missing child; and
(d) information about how to request the student's directory photograph be removed from the repository.
(4) The office of public instruction shall delete from the repository any directory photograph that is 2 years old or older.
(5) The office of public instruction shall provide continuous access to the repository to designated missing persons clearinghouse staff at the department of justice. Access to the repository must include the necessary authority to upload and download photographs of students who have been reported missing.
History: En. Sec. 1, Ch. 250, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1321. Employment assistance for current or former school employees, contractors, and volunteers engaged in sexual misconduct prohibited

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.
History: En. Sec. 3, Ch. 305, L. 2019; amd. Sec. 1, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1322. Penalty

20-7-1322. Penalty.
A person who purposely or knowingly assists a current or former school employee, contractor, or agent in obtaining employment in violation of 20-7-1321 is guilty of a misdemeanor and shall be fined in an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
History: En. Sec. 4, Ch. 305, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1323. Short title

20-7-1323. Short title.
Sections 20-7-1323 through 20-7-1326 may be cited as the "Montana Pupil Online Personal Information Protection Act".
History: En. Sec. 1, Ch. 369, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1330. Graduation requirements for youth who experience disruption in education -- legislative intent

20-7-1330. Graduation requirements for youth who experience disruption in education -- legislative intent.
(1) The legislature finds and declares pursuant to Article X, section 1, of the Montana constitution that an appropriate means of fulfilling the people's goal of developing the full educational potential of each person is to allow a pupil who experiences an educational disruption to obtain a diploma if the pupil meets the state's minimum high school credit requirement. The legislature believes educational disruptions can interfere with pupil success and intends the policy established in this section to provide additional options for a pupil to achieve the individual's maximum postsecondary potential.
(2) If an enrolled high school pupil who has experienced an educational disruption meets the minimum high school credit requirement for graduation as established by administrative rules of the board of public education but will not meet a higher credit requirement established by the trustees of the district where the student is enrolled, the trustees of the district shall award the student a diploma. The trustees may distinguish the diploma in a reasonable manner from other diplomas issued by the trustees.
(3) Pursuant to 20-5-101(3), if a pupil who receives a diploma pursuant to this section is not yet 19 years of age, the trustees may admit the individual to provide any reasonable curriculum designed to advance postsecondary success, including courses for postsecondary credit and career training.
(4) For the purposes of this section, the following definitions apply:
(a) "Board of public education" has the same meaning as provided in 20-1-101.
(b) "Educational disruption" means a disruption experienced during grades nine through twelve caused by homelessness, involvement in the child welfare system or juvenile justice system, a medical or mental health crisis, or another event considered a qualifying educational disruption by the trustees of the district.
(c) "Homelessness" has the same meaning as provided for the term "homeless children and youths" in 42 U.S.C. 11434a(2).
(d) "Pupil" has the same meaning as provided in 20-1-101.
History: En. Sec. 1, Ch. 80, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1335. School marshal program -- qualifications

20-7-1335. School marshal program -- qualifications.
(1) The board of trustees may appoint an independent contractor or a school district employee to be certified as a school marshal. The appointed employee must be a full-time employee of the district.
(2) A school marshal may be:
(a) employed full-time as a school marshal; or
(b) retained on a full-time or part-time basis and may have other assigned duties in the discretion of the board of trustees.
(3) To be eligible to serve as a school marshal, the independent contractor or school district employee must:
(a) have a permit to carry a concealed weapon pursuant to 45-8-321;
(b) meet the qualifications required for peace officers pursuant to 7-32-303; and
(c) be an active or retired peace officer as defined in 46-1-202.
(4) If an applicant for a school marshal position is an active or retired public safety officer from another state, the applicant must be certified by the Montana public safety officer standards and training council.
(5) For the purposes of 20-7-1335 through 20-7-1338, the following definitions apply:
(a) "Montana public safety officer standards and training council" means the council established in 2-15-2029.
(b) "Public school property" has the meaning provided in 20-1-220.
(c) "School marshal" means a person who is appointed by the board of trustees and employed or retained by a school district to protect the health and safety of persons and to maintain order on public school property.
History: En. Sec. 1, Ch. 541, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1336. School marshal duties and responsibilities

20-7-1336. School marshal duties and responsibilities.
(1) A school marshal may act only as necessary to prevent or stop the commission of an offense that threatens serious bodily injury or death of persons on public school property.
(2) Pursuant to 45-8-361, with the consent of the trustees, a school marshal may possess, carry, and store a firearm on public school property.
(3) The trustees shall adopt a policy describing the school marshal's duties and responsibilities. The policy must:
(a) provide procedures for how a school marshal may possess, carry, and store a firearm on public school property as authorized pursuant to 45-8-361 and subsection (2) of this section;
(b) provide alternate procedures regarding the possession, carrying, and storage of a firearm by a school marshal based on the amount of time the school marshal has regular, direct contact with students;
(c) specify the types of firearms, ammunition, and other related equipment that a school marshal is authorized to possess, carry, and store on public school property; and
(d) specify requirements regarding the subject matter and frequency of additional professional development and training.
History: En. Sec. 2, Ch. 541, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1337. School marshal program -- trustees' duties

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.
History: En. Sec. 3, Ch. 541, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1338. Law enforcement notification

20-7-1338. Law enforcement notification.
The trustees shall submit the school marshal's name, date of birth, and address of the school marshal's place of employment to:
(1) the Montana public safety officer standards and training council; and
(2) all applicable law enforcement agencies with jurisdiction and emergency response authority in the school district, including:
(a) the chief law enforcement officer of the local municipal law enforcement agency, if the school district is located within a municipality;
(b) the sheriff of a county where a school district is located; and
(c) in the case of a district located within the boundaries of a reservation, the chief tribal law enforcement officer and area federal law enforcement authorities.
History: En. Sec. 4, Ch. 541, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 14. Cultural Integrity Commitment Act › 20-7-1402. Legislative findings -- purposes

20-7-1402. Legislative findings -- purposes.
(1) The legislature finds that:
(a) language in the form of spoken, written, or sign language is foundational to cultural integrity;
(b) Montana tribal languages are in a time of crisis through the loss of native speakers, writers, and signers;
(c) achievement gaps persist for Indian students, including higher dropout rates;
(d) Article X, section 1, of the Montana constitution established the educational goals of:
(i) establishing an education system that develops the full educational potential of each person; and
(ii) preserving Indian cultural integrity.
(2) The purpose of this part is to promote innovative, culturally relevant, Indian language immersion programs for Indian and non-Indian students with the goal of raising student achievement, strengthening families, and preserving and perpetuating Indian language and culture throughout Indian country and Montana.
History: En. Sec. 2, Ch. 442, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 14. Cultural Integrity Commitment Act › 20-7-1403. Definitions

20-7-1403. Definitions.
As used in this part, the following definitions apply:
(1) "Eligible district" means a school district encompassing or adjacent to an Indian reservation or a school district that includes one or more schools with an Indian population of 10% or greater.
(2) "Immersion program" means a program of an eligible district in which:
(a) all participating students receive content area instruction in an Indian language at least 50% of the day;
(b) teachers are fully proficient in the languages they use for instruction; and
(c) the goal of the program is perpetuating cultural integrity and promoting bilingualism and biliteracy.
(3) "Indian language" means any of the languages of a federally recognized Indian tribe in Montana.
History: En. Sec. 3, Ch. 442, L. 2015; amd. Sec. 2, Ch. 240, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 14. Cultural Integrity Commitment Act › 20-7-1404. Indian language immersion programs -- funding -- flexibility

20-7-1404. Indian language immersion programs -- funding -- flexibility.
(1) School districts are encouraged to create Indian language immersion programs and in doing so:
(a) collaborate with other school districts, the Montana digital academy, tribal governments, and tribal colleges;
(b) utilize materials produced in the Montana Indian language preservation pilot program pursuant to section 1, Chapter 410, Laws of 2013;
(c) utilize American Indian language and culture specialists as teachers of language and culture; and
(d) look to existing native language schools in Montana and around the world for guidance and best practices.
(2) In acknowledgment of Article X, section 1, of the Montana constitution, the educationally relevant factors for the school funding formula under 20-9-309(3), and the increased costs associated with language immersion programs, a district creating an Indian language immersion program is entitled to the following in addition to the school funding formula in Title 20, chapter 9:
(a) (i) subject to subsections (3) and (4), for every Indian student participating in an Indian language immersion program, an additional American Indian achievement gap payment, as calculated in 20-9-306, multiplied by 2; and
(ii) for every non-Indian student participating in an Indian language immersion program, an additional Indian education for all payment, as calculated in 20-9-306, multiplied by 2; and
(b) for every full-time American Indian language and culture specialist teaching in an Indian language immersion program, a quality educator payment as calculated in 20-9-306.
(3) For a district operating an Indian language immersion program that improves the district's graduation rate for American Indians by 5 percentage points or more from the previous year as measured by the office of public instruction, the multiplier in subsection (2)(a)(i) must be increased to 3.
(4) If the money appropriated for Indian language immersion programs is insufficient to provide the amounts in subsections (2) and (3), the office of public instruction shall prorate the payments accordingly.
(5) The board of public education is encouraged to approve proposed variances to standards of accreditation for Indian language immersion programs when the board finds the proposal to be educationally sound and in alignment with the purpose described in 20-7-1402(2).
(6) The cultural and intellectual property rights from materials developed for an Indian language immersion program belong to the tribe to which the materials relate. Use of the cultural and intellectual property outside of the Indian language immersion program may be negotiated with the tribe.
(7) A district may use payments received pursuant to this section as matching funds for federal or private fund sources to accomplish the purposes of this part.
History: En. Sec. 4, Ch. 442, L. 2015; amd. Sec. 1, Ch. 8, L. 2017; amd. Sec. 11, Ch. 275, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 15. Montana Advanced Opportunity Act › 20-7-1502. Purpose -- intent

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.
History: En. Sec. 2, Ch. 279, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 15. Montana Advanced Opportunity Act › 20-7-1503. Definitions

20-7-1503. Definitions.
As used in this part, the following definitions apply:
(1) "Advanced opportunity" means any course, exam, or experiential, online, or other learning opportunity that is incorporated in a district's advanced opportunity plan and that is designed to advance each qualifying pupil's opportunity for postsecondary career and educational success.
(2) "Advanced opportunity aid" means, for each fiscal year:
(a) for an elementary district, 4.5% of the district's total quality educator payment defined in 20-9-306 in the prior year;
(b) for a high school district, 30% of the district's total quality educator payment defined in 20-9-306 in the prior year; and
(c) for a K-12 district, 18% of the district's total quality educator payment defined in 20-9-306 in the prior year.
(3) "Advanced opportunity plan" means a plan adopted by a board of trustees of a district that provides advanced opportunities for the pupils of the district.
(4) "District" means a school district as defined in 20-6-101.
(5) "Qualifying pupil" means a pupil, as defined in 20-1-101, that is enrolled and admitted by a district qualified for advanced opportunity aid under 20-7-1506(3) who is in grades 6 through 12.
History: En. Sec. 3, Ch. 279, L. 2019; amd. Sec. 1, Ch. 574, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 15. Montana Advanced Opportunity Act › 20-7-1510. Credit for participating in work-based learning partnerships

20-7-1510. Credit for participating in work-based learning partnerships.
(1) Work-based learning must provide all participating students with on-the-job experience and training along with career and complimentary vocational/technical classroom instruction to contribute to each pupil's employability. The students' classroom activities and on-the-job experiences must be planned and supervised by the school and the employer to ensure that both activities contribute to the student's employability. Pupils enrolled in a work-based learning program must receive credit for related classroom instruction and on-the-job training. In the absence of a proficiency model, the time requirement for students in work-based learning must be converted and is equivalent to the time requirement for credit to be earned.
(2) Any individual licensed with a class 1 through 4 license is authorized to facilitate interfaces between the school and work-based learning partners. Work-based learning partnerships may be provided for any trade, including but not limited to trades identified by the superintendent of public instruction related to the class 4 license established under section 20-4-106.
History: En. Sec. 8, Ch. 247, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 16. Transformational Learning › 20-7-1601. Forms of personalized learning -- legislative intent

20-7-1601. Forms of personalized learning -- legislative intent.
(1) The legislature finds and declares pursuant to Article X, section 1, of the 1972 Montana constitution that forms of personalized learning authorized under Montana law, including but not limited to work-based learning pursuant to 20-7-1510, proficiency-based learning as defined in subsection (2) of this section, determinations of course equivalency by an elected board of trustees under 20-3-324(18), remote instruction under 20-7-118, and transformational learning, are appropriate means of fulfilling the people's goal of developing the full educational potential of each person. The provision of and participation in forms of personalized learning under this part and in compliance with accreditation standards of the board of public education are constitutionally compliant and protected. The legislature declares that any public or private regulation that discriminates against a district or pupil participating in forms of personalized learning referenced in this section is inconsistent with constitutional goals and guarantees under Article X of the Montana constitution.
(2) As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(a) "Proficiency" means a measure of competence that is demonstrated through application in a performance assessment.
(b) "Proficiency-based learning" means an education system in which student progress is based on a student's demonstration of competence rather than on the basis of seat time or the age or grade level of the student.
History: En. Sec. 1, Ch. 402, L. 2019; amd. Sec. 9, Ch. 247, L. 2021; amd. Sec. 1, Ch. 307, L. 2023; amd. Sec. 4, Ch. 580, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1701. Short title

20-7-1701. Short title.
This part may be cited as the "Students With Special Needs Equal Opportunity Act".
History: En. Sec. 1, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1702. Montana special needs equal opportunity education savings account program -- findings and purposes

20-7-1702. Montana special needs equal opportunity education savings account program -- findings and purposes.
(1) There is a Montana special needs equal opportunity education savings account program provided by the legislature as a desirable educational program pursuant to Article X, section 1(3), of the Montana constitution, which gives authority to the legislature to provide for educational programs and institutions in addition to a basic system of public schools that will fulfill the goal of the people to have an overall system of education that offers equal opportunity for all to reach their full educational potential.
(2) The legislature finds that expanding special needs educational opportunities within the state is a valid public purpose to ensure equal educational opportunity for all children with special needs.
(3) The purposes of this part pursuant to Article X, section 1(1), of the Montana constitution are to ensure that Montana children have access to educational opportunities that will develop each child's full educational potential.
History: En. Sec. 2, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1704. Use of Montana special needs equal opportunity education savings account -- allowable educational resources

20-7-1704. Use of Montana special needs equal opportunity education savings account -- allowable educational resources.
(1) The superintendent of public instruction shall allow money deposited in the Montana special needs equal opportunity education savings account to be used to reimburse parents for the purchase of the following educational resources only for the benefit of the individual for whom the account was created:
(a) qualified school tuition, fees, textbooks, software, or other instructional materials or services;
(b) an educational program or course using electronic or offsite delivery methods, including but not limited to tutoring, distance learning programs, online programs, and technology delivered learning programs;
(c) curriculum, including supplemental materials necessary for the curriculum;
(d) tutoring;
(e) educational therapies or services, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies from licensed or certified practitioners or providers, including licensed or certified paraprofessionals or educational aides;
(f) state or nationally recognized assessment tests, advanced placement exams, entrance examinations at an eligible postsecondary institution, or other assessment instruments;
(g) services provided by a public school in the state, including individual classes and extracurricular activities;
(h) eligible postsecondary institution tuition, books, online courses, or other fees;
(i) no more than $50 annually in consumable education supplies, such as paper, pens, and markers;
(j) transportation required for another allowable educational service;
(k) fees paid to a cooperative educational program; and
(l) any other educational expense approved by the superintendent of public instruction.
(2) Account funds may not be refunded, rebated, or shared with a parent or participating student in any manner.
(3) A parent may pay for educational services or costs not covered by account funds.
(4) Nothing in this part may be construed to require that a qualified student must be enrolled, full-time or part-time, in either a private school or nonpublic online school.
History: En. Sec. 4, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1705. Parent responsibilities

20-7-1705. Parent responsibilities.
(1) In order for a qualified student to participate in the Montana special needs equal opportunity education savings account program during the time periods designated by the superintendent of public instruction pursuant to 20-7-1706, the superintendent of public instruction shall require parents of qualified students who wish to participate in the program to notify the superintendent of public instruction and sign a contract with the superintendent of public instruction to do the following:
(a) utilize account funds to procure allowable educational resources under 20-7-1704 to develop the qualified student's full educational potential;
(b) release the resident school district from all obligations to educate the qualified student, including any requirements that the district provide a free and appropriate education to the qualified student or develop an individualized education program for the qualified student;
(c) submit to the superintendent of public instruction copies of receipts for allowable educational resources for reimbursement;
(d) if the qualified student is re-enrolled in a public school, immediately notify the superintendent of public instruction; and
(e) if the qualified student enrolls at a qualified school, ensure that the qualified student:
(i) remains in attendance unless excused by the qualified school for illness or other good cause; and
(ii) complies with the qualified school's published policies.
(2) If a qualified student re-enrolls full-time in a public school district, the superintendent of public instruction shall terminate payments for the student to the Montana special needs equal opportunity education savings account.
History: En. Sec. 5, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1707. Responsibilities of public school districts -- student records

20-7-1707. Responsibilities of public school districts -- student records.
A public school or school district that previously enrolled a qualified student participating in the Montana special needs equal opportunity education savings account program shall provide a qualified school that has enrolled a participating student with a complete copy of the student's school records, while complying with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g.
History: En. Sec. 7, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1708. Qualified schools -- regulations

20-7-1708. Qualified schools -- regulations.
(1) The superintendent of public instruction shall require qualified schools who enroll students who are participating in the Montana special needs equal opportunity education savings account program to submit quarterly reports of services provided to qualified students as required under the program.
(2) A qualified school is not an agent of the state or federal government.
(3) The superintendent of public instruction or any other state agency may not regulate the educational program of a qualified school that enrolls a qualified student, except as provided under 20-5-109.
(4) The creation of the Montana special needs equal opportunity education savings account program does not expand the regulatory authority of the state, its officers, or a school district to impose additional regulation on providers of educational services under the program beyond that reasonably necessary to enforce the requirements of the Montana special needs equal opportunity education savings account program.
History: En. Sec. 8, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 17. Students With Special Needs Equal Opportunity Act › 20-7-1710. Special needs equal opportunity education savings trust

20-7-1710. Special needs equal opportunity education savings trust.
There is a special needs equal opportunity education savings trust that is an instrumentality of the state and that is created for a public purpose. The trust consists of participating trusts with each participating trust corresponding to an account. The assets of one participating trust may not be commingled with the assets of any other participating trust. The assets and earnings of any participating trust may not be used to satisfy the obligations of any other participating trust. Each participating trust account represents a trust interest in the trust and includes interest and investment income earned by the trust account.
History: En. Sec. 10, Ch. 616, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 18. Early Literacy Targeted Interventions › 20-7-1801. Findings -- purpose -- legislative intent

20-7-1801. Findings -- purpose -- legislative intent.
(1) The legislature finds that the ability to read at or above grade level is essential for educational success. The legislature also finds that too many Montana children are not reading proficient at the end of 3rd grade.
(2) The purposes of this bill are to:
(a) provide parents with voluntary early literacy interventions for their children;
(b) increase the number of children who are reading proficient at the end of 3rd grade and in so doing help those children develop their full educational potential pursuant to Article X, section 1(1), of the Montana constitution; and
(c) foster a strong economic return for the state on early literacy investment through enhancing Montana's skilled workforce and decreasing future reliance on social programs and the criminal justice system.
(3) The legislature intends that the board of public education, the office of public instruction, and the boards of trustees of school districts collaborate to implement this part and achieve the purposes under subsection (2).
(4) The legislature further intends that the board of public education, the office of public instruction, and the boards of trustees of school districts collaborate on an ongoing basis to gather, analyze, and make available outcome data and continually refine the interventions to increase the efficacy and efficiency of each intervention.
History: En. Sec. 1, Ch. 608, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 18. Early Literacy Targeted Interventions › 20-7-1802. Definitions

20-7-1802. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Early literacy targeted intervention" or "intervention" means, as further described in 20-7-1803, any of the following:
(a) a classroom-based program;
(b) a home-based program; or
(c) a jumpstart program.
(2) "Eligible child" means a child who is determined through the evaluation methodology selected by the board of public education pursuant to 20-7-1803 to be below a trajectory leading to reading proficiency at the end of 3rd grade.
(3) "Evaluation methodology" means a research-based methodology, instrument, or assessment selected by the board of public education to determine, based on a child's age or grade level, whether the child is above, at, or below a developmental trajectory leading to reading proficiency on completion of 3rd grade.
(4) "Trustees" means the board of trustees of an elementary or K-12 school district.
History: En. Sec. 2, Ch. 608, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-101. Montana school for deaf and blind -- state-supported special school

20-8-101. Montana school for deaf and blind -- state-supported special school.
The school for the deaf and blind, located in the city of Great Falls, is known and designated as the Montana school for the deaf and blind and must be conducted as a separate and independent unit and special school of the state of Montana under the general supervision, direction, and control of the board of public education. However, the transfer of that school or any change in the name of the school or in the objects or purposes of the school may not be considered or construed to impair or work any forfeiture or alteration of any rights, grants, or property made to or acquired by that school or by the state for the use and benefit of that school.
History: En. Sec. 1, Ch. 182, L. 1943; amd. Sec. 39, Ch. 266, L. 1977; R.C.M. 1947, 80-102; amd. Sec. 1, Ch. 151, L. 1983; amd. Sec. 1, Ch. 72, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-102. Objects and purposes -- assistance to programs -- tracking sensory impaired children -- fee

20-8-102. Objects and purposes -- assistance to programs -- tracking sensory impaired children -- fee.
(1) The Montana school for the deaf and blind is a residential and day school for children and adolescents who are deaf or blind or whose hearing or sight is so defective that they cannot be successfully taught and are unable to receive a sufficient or proper education in the public schools of the state.
(2) The school shall serve as a consultative resource for parents of hearing impaired and visually impaired children not yet enrolled in an educational program and for public schools of the state where hearing impaired or visually impaired children are enrolled. The school upon request shall ensure that services and programs for hearing impaired 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 hearing impaired or visually impaired from the time of impairment identification 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 hearing impaired and visually impaired children of this state that is commensurate with the education provided to nonhandicapped children in the public schools and that will enable children being served by the school to become independent and self-sustaining citizens.
History: En. Sec. 2, Ch. 182, L. 1943; re-en. Sec. 1, Ch. 169, L. 1949; R.C.M. 1947, 80-103; amd. Sec. 2, Ch. 151, L. 1983; amd. Sec. 1, Ch. 392, L. 1989; amd. Sec. 1, Ch. 537, L. 1993; amd. Sec. 1, Ch. 73, L. 2003; amd. Sec. 1, Ch. 74, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-103. Board of public education rules

20-8-103. Board of public education rules.
The board of public education shall adopt and prescribe rules as the board considers necessary and proper for the maintenance and government of the school, the admission of children in conformity with the provisions of this chapter, and the qualifications and compensation of the superintendent and teaching staff of the school, provided that the superintendent must have a ready and working knowledge of the sign language.
History: En. Sec. 3, Ch. 182, L. 1943; R.C.M. 1947, 80-104; amd. Sec. 2, Ch. 392, L. 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-104. Eligibility of children for admittance

20-8-104. Eligibility of children for admittance.
In order to be eligible for services from the Montana school for the deaf and blind, a child may not yet have reached 22 years of age and must be identified as deaf, hearing impaired, or visually impaired pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. 1414.
History: En. Sec. 4, Ch. 182, L. 1943; amd. Sec. 1, Ch. 282, L. 1967; R.C.M. 1947, 80-105; amd. Sec. 3, Ch. 151, L. 1983; amd. Sec. 1, Ch. 291, L. 1995; amd. Sec. 1, Ch. 41, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-105. Repealed

20-8-105. Repealed.
Sec. 6, Ch. 291, L. 1995.
History: En. Sec. 5, Ch. 182, L. 1943; R.C.M. 1947, 80-106; amd. Sec. 4, Ch. 151, L. 1983.
2023 Montana Code Annotated › Title 20. Education › Chapter 8. Montana School for the Deaf and Blind › Part 1. General Provisions › 20-8-106. Duration of attendance at school -- suspension or expulsion -- transfer

20-8-106. Duration of attendance at school -- suspension or expulsion -- transfer.
(1) Each child admitted to the school is entitled to attend the school until reaching the age of 21 years if attendance at the Montana school for the deaf and blind is the most appropriate educational placement for the child.
(2) Nothing in this section may be construed to prevent the suspension or expulsion of a child at any time for insubordination or other cause considered good and sufficient by the board of public education and superintendent of the Montana school for the deaf and blind if the suspension or expulsion complies with other applicable state and federal law.
(3) Transfer of a student from the school to another educational placement must comply with rules adopted by the board of public education.
History: En. Sec. 6, Ch. 182, L. 1943; amd. Sec. 2, Ch. 282, L. 1967; R.C.M. 1947, 80-107; amd. Sec. 5, Ch. 151, L. 1983; amd. Sec. 2, Ch. 291, L. 1995.