reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1318. Independent dispute resolution

20-25-1318. Independent dispute resolution.
(1) If an insurer or health plan and air ambulance service enter into dispute resolution, the procedure in 20-25-1319 is to be used to determine the fair market price of the services that are the subject of the claim.
(2) Payment of the fair market price calculated pursuant to 20-25-1319 constitutes payment in full of the claim.
(3) A determination under this section is not binding on the insurer or health plan and the air ambulance service.
(4) Unless otherwise agreed to by the parties, each party shall:
(a) bear its own attorney fees and costs incurred under the procedure provided in 20-25-1319; and
(b) equally bear all fees and costs of the independent reviewer.
(5) As used in this section, "fair market price" means the value of the services provided as determined by the independent reviewer based on the factors provided in 20-25-1319(6).
History: En. Sec. 4, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1319. Independent dispute resolution procedure -- exemptions

20-25-1319. Independent dispute resolution procedure -- exemptions.
(1) To initiate a dispute resolution procedure under 20-25-1315 through 20-25-1320, the parties shall file a written notice of dispute with the insurance commissioner.
(2) Except as provided in subsection (3), within 30 days after the date of receipt of the notice of dispute, and if no independent reviewer is mutually agreed to by the insurer or health plan and air ambulance service under subsection (3), the insurance commissioner shall appoint an independent reviewer having the qualifications listed in 20-25-1320. The insurance commissioner shall select an independent reviewer randomly from a list established under 20-25-1320.
(3) The insurer or health plan and air ambulance provider may by mutual agreement select an independent reviewer. The parties shall notify the insurance commissioner of the mutually agreed independent reviewer prior to the appointment of an independent reviewer under subsection (2).
(4) An independent reviewer's sole substantive determination under this part is the fair market price of the services that are the subject of the claim.
(5) The independent reviewer may make procedural rulings necessary to regulate the proceedings.
(6) The factors to be used in the independent reviewer's determination are:
(a) the training, qualifications, and composition of the air ambulance service personnel;
(b) the fees for rotor wing or fixed wing services originating or provided entirely within the state of Montana that are:
(i) usually charged by the air ambulance service in Montana;
(ii) usually accepted as payment in full by the air ambulance service in Montana;
(iii) usually charged by other air ambulance services doing business in Montana;
(iv) usually accepted as payment in full by other air ambulance services doing business in Montana; and
(v) usually paid by the insurer or health plan for the service provided in Montana;
(c) whether the air ambulance service was provided in a rural or urban context;
(d) the applicable medicare rate of payment for the services that are the subject of the claim; and
(e) any other factors the independent reviewer determines to be relevant in determining fair market price in accordance with established precedent.
(7) Participation in a dispute resolution procedure under 20-25-1318 through 20-25-1320 exempts an insurer from 33-18-201(6) and (8) and 33-18-232(2).
History: En. Sec. 5, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1320. Insurance commissioner duties -- independent reviewer qualifications

20-25-1320. Insurance commissioner duties -- independent reviewer qualifications.
(1) The insurance commissioner shall:
(a) approve any independent reviewer that is eligible to adjudicate disputes under 20-25-1315 through 20-25-1320;
(b) maintain a list of independent reviewers eligible to adjudicate disputes under 20-25-1315 through 20-25-1320;
(c) terminate approval of an independent reviewer and remove the independent reviewer from the list of approved independent reviewers upon determining that an independent reviewer no longer meets the requirements to adjudicate disputes; and
(d) adopt rules necessary to implement 20-25-1315 through 20-25-1320, including rules regarding discovery and other procedures regarding the dispute resolution process and eligibility of an independent reviewer.
(2) An individual is eligible to be an independent reviewer under 20-25-1315 through 20-25-1320 if the individual is knowledgeable and experienced in applicable principles of contract and insurance law.
(3) In approving an individual as an independent reviewer, the insurance commissioner shall ensure that the individual does not have a conflict of interest that would adversely impact the individual's independence and impartiality in rendering a decision in an independent dispute resolution procedure under 20-25-1318 and 20-25-1319. A conflict of interest includes but is not limited to an ownership or direct familial interest in an insurer, a health care provider, or an air ambulance service that may be involved in an independent dispute resolution procedure under 20-25-1318 and 20-25-1319.
(4) In approving an individual as an independent reviewer, the insurance commissioner may not approve an individual who is currently serving in any matter as a hearing officer for the commissioner.
History: En. Sec. 6, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 14. Self-Insured Student Health Plan › 20-25-1401. Purpose

20-25-1401. Purpose.
The purpose of this part is to establish the structure by which the Montana university system may develop a self-insured student health plan, to work in conjunction with available campus student health services for enrolled students of the Montana university system and their dependents, including students of a community college district, and to clarify that the plan is not regulated by or subject to the provisions of Title 33.
History: En. Sec. 1, Ch. 199, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 14. Self-Insured Student Health Plan › 20-25-1403. Authorization to establish self-insured health plan for students -- requirements -- exemption

20-25-1403. Authorization to establish self-insured health plan for students -- requirements -- exemption.
(1) The commissioner may establish a self-insured student health plan for enrolled students of the system and their dependents, including students of a community college district. In developing a self-insured student health plan, the commissioner shall:
(a) maintain the plan on an actuarially sound basis;
(b) maintain reserves sufficient to liquidate the unrevealed claims liability and other liabilities of the plan; and
(c) deposit all reserve funds, contributions and payments, interest earnings, and premiums paid to the plan. The deposits must be expended for claims under the plan and for the costs of administering the plan, including but not limited to the costs of hiring staff, consultants, actuaries, and auditors, purchasing necessary reinsurance, and repaying debts.
(2) Prior to the implementation of a self-insured student health plan, the commissioner shall consult with affected parties, including but not limited to the board of regents and representatives of enrolled students of the system.
(3) A self-insured student health plan developed under this part is not responsible for and may not cover any services or pay any expenses for which payment has been made or is due under an automobile, premises, or other private or public medical payment coverage plan or provision or under a workers' compensation plan or program, except when the other payor is required by federal law to be a payor of last resort. The term "services" includes but is not limited to all medical services, procedures, supplies, medications, or other items or services provided to treat an injury or medical condition sustained by a member of the plan.
(4) The provisions of 20-25-1315 through 20-25-1320 apply to any self-insured student health plan developed under this part.
(5) (a) Except as provided in subsection (5)(b), the provisions of Title 33 do not apply to the commissioner when exercising the duties provided for in this part.
(b) A self-insured student health plan established under this part must include coverage for telehealth services as provided in 33-22-138.
History: En. Sec. 2, Ch. 199, L. 2011; amd. Sec. 7, Ch. 363, L. 2013; amd. Sec. 7, Ch. 231, L. 2017; amd. Sec. 3, Ch. 242, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 14. Self-Insured Student Health Plan › 20-25-1404. Authorization to finance self-insured health plan for students

20-25-1404. Authorization to finance self-insured health plan for students.
The commissioner may, subject to the approval of the board of regents, finance the initial costs to establish the plan established pursuant to 20-25-1401 by using any of the following methods:
(1) authorizing a long-term loan of university funds. The loan must bear interest at a rate equivalent to the previous fiscal year's average rate of return on the board of investments' short-term investment pool.
(2) issuing and selling bonds and notes in whole or in part for this purpose; or
(3) using any other lawful means, including the assessment of student fees.
History: En. Sec. 3, Ch. 199, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1501. Definitions

20-25-1501. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Materially and substantially disrupt" means conduct by a person who acts purposely or knowingly to:
(i) significantly hinder the expressive activity of another person or group;
(ii) prevent the communication of an expressive activity; or
(iii) prevent the transaction of business at a lawful meeting, gathering, or procession by:
(A) engaging in fighting or other violent or unlawful behavior; or
(B) physically blocking or using threats of violence to prevent another person from attending, listening to, viewing, or otherwise participating in an expressive activity.
(b) The term does not include conduct that is protected under the first amendment of the United States constitution or under Article II, section 7, of the Montana constitution, including but not limited to:
(i) lawful protests in outdoor areas of campus; or
(ii) minor, brief, or fleeting nonviolent disruption of an event that is isolated or short in duration.
(2) (a) "Outdoor area of campus" means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas.
(b) The term does not include an outdoor area where access is restricted from a majority of the public.
(3) "Public postsecondary institution" means:
(a) a unit of the Montana university system as defined in 20-25-201; or
(b) a Montana community college, defined and organized as provided in 20-15-101.
(4) "Student" means a person who is enrolled full-time or part-time at a public postsecondary institution.
(5) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.
History: En. Sec. 1, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1502. Protected expressive activities

20-25-1502. Protected expressive activities.
Expressive activity protected under the provisions of this part includes but is not limited to any lawful oral, written, audiovisual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches, guest speakers, distribution of printed materials, carrying signs, and circulating petitions.
History: En. Sec. 2, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1503. Public campus as public forum -- free speech zone prohibited

20-25-1503. Public campus as public forum -- free speech zone prohibited.
(1) An outdoor area of campus of a public postsecondary institution is a public forum. A public postsecondary institution may not create a free speech zone or other designated outdoor areas of campus outside of which expressive activity is prohibited.
(2) A public postsecondary institution may maintain and enforce reasonable restrictions on the time, place, or manner of expressive activity. The restrictions must be narrowly tailored to serve a significant institutional interest. The restrictions must employ clear, published, content-neutral, and viewpoint-neutral criteria while providing for ample alternative means of expression. The restrictions must allow members of the public to spontaneously and contemporaneously assemble and distribute printed materials.
(3) This section may not be construed to limit the right of student expressive activity elsewhere on the public postsecondary institution's campus.
History: En. Sec. 3, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1504. Noncommercial expressive activities -- certain prohibitions allowable

20-25-1504. Noncommercial expressive activities -- certain prohibitions allowable.
(1) A public postsecondary institution shall permit a person to engage freely in noncommercial expressive activity on campus, subject to the provisions of 20-25-1503, as long as the person's expressive activity:
(a) is not unlawful; or
(b) does not materially and substantially disrupt the functioning of the public postsecondary institution.
(2) A public postsecondary institution may impose restrictions pursuant to 20-25-1503 on noncommercial expressive activity. Any restrictions imposed must allow for members of the public to spontaneously and contemporaneously assemble, speak, and distribute printed materials.
(3) This section may not be construed to prevent a public postsecondary institution from prohibiting, limiting, or restricting expressive activity that is not protected by the first amendment of the United States constitution or Article II, section 7, of the Montana constitution.
(4) This section may not be construed to permit a person to engage in conduct that materially and substantially disrupts another person's expressive activity.
History: En. Sec. 4, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1505. Policies protecting free expression required -- staff training

20-25-1505. Policies protecting free expression required -- staff training.
(1) A public postsecondary institution shall adopt policies to implement the provisions of this part. The policies must address students' expectations and provide appropriate regulations regarding free expression and expressive activities on campus consistent with this part.
(2) A public postsecondary institution may develop materials, programs, and procedures to ensure that any person who has responsibility for the discipline or education of students, including administrators, campus security officers, residence life officials, and professors, understands the policies, regulations, and duties of the public postsecondary institution regarding free expression and expressive activities on campus consistent with this part.
History: En. Sec. 5, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1506. Public accountability

20-25-1506. Public accountability.
(1) A public postsecondary institution may prepare a report to identify a course of action to be taken by the institution to implement the requirements of this part.
(2) If a public postsecondary institution prepares a report pursuant to this section:
(a) the report must be revised and republished whenever the public postsecondary institution makes any changes or updates to the policies and procedures related to free speech and expressive activity on campus;
(b) the report must be posted to the public postsecondary institution's website. The report must be:
(i) accessible within three links from the institution's website homepage;
(ii) searchable by keywords and phrases; and
(iii) accessible to the public without having to register or use a username, password, or other user identification.
(c) the contents of the report must include:
(i) a description of any barriers to or incidents of disruption of expressive activity on campus, including but not limited to any attempt to block or prohibit a speaker;
(ii) the nature of the barrier or disruption;
(iii) information about any disciplinary action taken against any member of the public who is responsible for a specific barrier or disruption, without disclosing personally identifiable information of any student found to be responsible; and
(iv) any other information the public postsecondary institution considers valuable for the public to evaluate whether the free expression and expressive activity rights of all members of the public have been protected equally and enforced consistently with the provisions of this part.
(3) (a) The public postsecondary institution may submit the report biennially to the governor and, as provided in 5-11-210, to the legislature at least 30 days prior to the start of each regular legislative session.
(b) If the public postsecondary institution is sued for an alleged violation of the complainant's first amendment rights, the public postsecondary institution may prepare and submit a supplementary report along with a copy of the complaint and any amended complaint to the governor and the legislature within 30 days of receiving the complaint or amended complaint.
History: En. Sec. 6, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1507. Remedies

20-25-1507. Remedies.
(1) A person or student organization who is aggrieved by a violation of this part may bring an action against a public postsecondary institution and any employees acting in their official capacities who were responsible for the violation and may seek appropriate relief, including but not limited to injunctive relief, monetary damages, reasonable attorney fees, and court costs.
(2) If a court finds that a public postsecondary institution has violated this part, the court shall award damages of at least $2,000 and not more than $75,000 to the aggrieved person or student organization.
(3) A person or student organization may assert a violation of this part as a defense or counterclaim in any disciplinary action or civil or administrative proceeding brought against the person or student organization.
(4) This section may not be construed to limit any other remedy available to any person or student organization.
History: En. Sec. 7, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 15. Expressive Activity on Campuses › 20-25-1508. Statute of limitations

20-25-1508. Statute of limitations.
An action brought for a violation of this part must be commenced within 1 year after the day the cause of action accrues. For the purposes of this section, each date that a violation of this part persists or a policy that violates this part is in effect constitutes a continuing violation, and the statute of limitations is tolled until the violation ceases.
History: En. Sec. 8, Ch. 231, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 1. Resident Student Assistance General Provisions › 20-26-101. Short title

20-26-101. Short title.
Parts 1 and 2 may be cited as "The Montana Resident Student Financial Aid Program Act".
History: En. 75-9401 by Sec. 1, Ch. 515, L. 1977; R.C.M. 1947, 75-9401; amd. Sec. 2, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 1. Resident Student Assistance General Provisions › 20-26-102. Purpose -- legislative intent

20-26-102. Purpose -- legislative intent.
(1) The purpose of parts 1 and 2 is to establish a program to provide financial aid to resident Montana postsecondary undergraduate and graduate students.
(2) In establishing the Montana resident student financial aid program, the legislature intends to collaborate with the board of regents and postsecondary institutions to create three types of aid programs for undergraduate students:
(a) an incentive program as established in 20-26-614 through 20-26-617 and funded by the state to encourage Montana resident students to pursue postsecondary credentials in science, technology, engineering, math, and health care fields that satisfy current and anticipated economic and workforce development needs in Montana;
(b) a merit program to recruit and retain the highest-achieving Montana resident students to units of the Montana university system, funded through tuition waivers, discounts, and other financial aid pursuant to policies adopted by the board of regents; and
(c) an access-to-higher-education program to provide scholarships and other financial aid funded by the foundations that have been established for the benefit of units of the university system and provided to Montana resident students who demonstrate financial need.
(3) The legislature intends to maximize federal need-based aid and work-study awards by providing sufficient state funding for federal matching requirements whenever possible.
(4) The legislature intends to continue its support of graduate exchange programs for Montana residents who are pursuing professional degrees outside the state.
History: En. 75-9402 by Sec. 2, Ch. 515, L. 1977; R.C.M. 1947, 75-9402; amd. Sec. 3, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 1. Resident Student Assistance General Provisions › 20-26-103. Definitions

20-26-103. Definitions.
As used in parts 1 and 2, the following definitions apply:
(1) "Postsecondary institution" means:
(a) a unit of the Montana university system as defined in 20-25-201;
(b) a Montana community college, defined and organized as provided in 20-15-101; or
(c) an accredited tribal college located in the state of Montana.
(2) "Resident student" means a person who was a resident of Montana prior to enrolling and who is attending a qualified postsecondary institution within Montana.
History: (1), (2) En. 75-9403 by Sec. 3, Ch. 515, L. 1977; Sec. 75-9403, R.C.M. 1947; (3) En. by Code Commissioner, 1979; R.C.M. 1947, 75-9403; amd. Sec. 7, Ch. 21, L. 1985; amd. Sec. 7, Ch. 243, L. 1997; amd. Sec. 35, Ch. 7, L. 2001; amd. Sec. 1, Ch. 39, L. 2013; amd. Sec. 4, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 1. Resident Student Assistance General Provisions › 20-26-104. Montana resident student financial aid program created

20-26-104. Montana resident student financial aid program created.
There is a Montana resident student financial aid program administered by the commissioner of higher education.
History: En. 75-9404 by Sec. 4, Ch. 515, L. 1977; R.C.M. 1947, 75-9404; amd. Sec. 2, Ch. 39, L. 2013; amd. Sec. 5, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 1. Resident Student Assistance General Provisions › 20-26-105. Montana resident student financial aid program -- reporting requirements

20-26-105. Montana resident student financial aid program -- reporting requirements.
The commissioner of higher education shall submit an annual report to the education interim committee in accordance with 5-11-210 regarding the Montana resident student financial aid program. The report must provide information about the previous year and must include the progress and results achieved by:
(1) the incentive-based financial aid program pursuant to 20-26-102(2)(a), including but not limited to the number of Montana STEM scholarships awarded, the amount of scholarship funds awarded, the workforce development needs targeted by the Montana STEM scholarship program, the number and type of postsecondary credentials earned by Montana STEM scholarship recipients, and any measurable impacts on the Montana workforce;
(2) the merit-based financial aid program pursuant to 20-26-102(2)(b), including but not limited to the recruitment and retention of the highest-achieving Montana resident students, the number of merit-based financial aid recipients, the amount and type of merit-based financial aid awarded, the number and type of postsecondary credentials awarded to merit-based financial aid recipients, and any measurable impacts on the Montana workforce; and
(3) the access-based financial aid program pursuant to 20-26-102(2)(c), including but not limited to the number of access-based financial aid recipients, the amount and type of access-based financial aid awarded, the effect of access-based financial aid on the retention and credential completion by recipients of access-based financial aid, and any measurable impacts on the Montana workforce.
History: En. Sec. 6, Ch. 300, L. 2019; amd. Sec. 59, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 2. Resident Student Assistance Administration of Program › 20-26-201. Duties of commissioner of higher education relative to program

20-26-201. Duties of commissioner of higher education relative to program.
The commissioner of higher education shall:
(1) adopt policies to administer the Montana resident student financial aid program, including the establishment of criteria for student eligibility that must consider financial need;
(2) determine the amount of individual financial aid awards;
(3) establish procedures for fiscal control, fund accounting, and necessary reports, including the reports required under 20-26-105; and
(4) apply for, receive, and administer federal and private money.
History: En. 75-9406 by Sec. 6, Ch. 515, L. 1977; R.C.M. 1947, 75-9406; amd. Sec. 3, Ch. 39, L. 2013; amd. Sec. 7, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 2. Resident Student Assistance Administration of Program › 20-26-202. Administrative costs

20-26-202. Administrative costs.
Administration costs not provided by the federal grant that are attributable to parts 1 and 2 must be negotiated and charged to the individual participants.
History: En. 75-9408 by Sec. 8, Ch. 515, L. 1977; R.C.M. 1947, 75-9408; amd. Sec. 8, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 2. Resident Student Assistance Administration of Program › 20-26-203. Deposit of funds

20-26-203. Deposit of funds.
Funds received by the commissioner of higher education for the Montana resident student financial aid program, including funds for the administration of parts 1 and 2, must be deposited in the state treasury.
History: En. 75-9407 by Sec. 7, Ch. 515, L. 1977; R.C.M. 1947, 75-9407; amd. Sec. 9, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-601. Repealed

20-26-601. Repealed.
Sec. 17, Ch. 300, L. 2019.
History: En. Sec. 1, Ch. 489, L. 2005; amd. Sec. 6, Ch. 385, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-602. Repealed

20-26-602. Repealed.
Sec. 17, Ch. 300, L. 2019.
History: En. Sec. 2, Ch. 489, L. 2005; amd. Sec. 21, Ch. 1, Sp. L. May 2007; amd. Sec. 7, Ch. 385, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-603. Definitions

20-26-603. Definitions.
As used in this part, the following definitions apply:
(1) "Accredited" means a school that is accredited by the board of public education pursuant to 20-7-102.
(2) "Board" means the board of regents of higher education created by Article X, section 9(2), of the Montana constitution.
(3) "Montana high school" means an accredited public or nonpublic high school.
(4) "Montana private college" means a nonprofit private educational institution:
(a) with its main campus and primary operations located within the state; and
(b) that offers education on the level of a baccalaureate degree and is accredited for that purpose by a national or regional accrediting agency recognized by the board.
(5) "Postsecondary institution" means:
(a) a unit of the Montana university system, as defined in 20-25-201;
(b) a Montana community college, defined and organized as provided in 20-15-101; or
(c) an accredited tribal college located in the state of Montana.
(6) "Scholarship" means a payment toward the cost of attendance at a qualifying postsecondary institution, rounded up to the nearest dollar.
(7) "STEM or health care major" means a major that is related to science, technology, engineering, mathematics, or health care. Specific qualifying majors are identified in board policy.
(8) "Title IV" refers to Title IV of the Higher Education Act of 1965, as amended.
History: En. Sec. 3, Ch. 489, L. 2005; amd. Sec. 22, Ch. 1, Sp. L. May 2007; amd. Sec. 4, Ch. 140, L. 2011; amd. Sec. 8, Ch. 385, L. 2015; amd. Sec. 10, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-605. Repealed

20-26-605. Repealed.
Sec. 17, Ch. 300, L. 2019.
History: En. Sec. 24, Ch. 1, Sp. L. May 2007; amd. Sec. 9, Ch. 385, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-606. Public and private sources of funding -- restrictions on use -- accounting

20-26-606. Public and private sources of funding -- restrictions on use -- accounting.
(1) The board may accept donations from public or private sources for the Montana STEM scholarship program and shall distribute those funds in accordance with this part.
(2) Scholarship awards are determined solely by the board or an entity designated by the board pursuant to board policy adopted under 20-26-614.
(3) Funds from public sources may not be used to pay for scholarships for students enrolled in Montana private colleges.
(4) Funds from private sources must be deposited into the Montana STEM scholarship program account in the state special revenue fund established in 20-26-617 to pay for scholarships for students enrolled in postsecondary institutions.
(5) Each postsecondary institution that receives scholarship payments shall prepare and submit to the board, in accordance with procedures and policies established by the board, a report of the postsecondary institution's administration of the scholarships and a complete accounting of scholarship funds.
(6) Funds from a scholarship may not be used to pay for remedial or college-preparatory course work.
(7) Except for funds donated from private sources, the obligation for funding the Montana STEM scholarship program is an obligation of the state. This section may not be construed to require the board to provide scholarships to an eligible student without an appropriation to the board for the purposes of the Montana STEM scholarship program. Funds from private sources may not be used as an offset to general fund appropriations.
History: En. Sec. 25, Ch. 1, Sp. L. May 2007; amd. Sec. 10, Ch. 385, L. 2015; amd. Sec. 11, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-614. Montana STEM scholarship program

20-26-614. Montana STEM scholarship program.
(1) There is a Montana STEM scholarship program. The program is administered by the board through the office of the commissioner of higher education.
(2) The purpose of the Montana STEM scholarship program is to provide an incentive for Montana high school students to prepare for, enter into, and complete degrees in postsecondary fields related to science, technology, engineering, mathematics, and health care, with the goals of increasing the number of STEM degree recipients participating in Montana's workforce and satisfying current and anticipated economic and workforce development needs in Montana.
(3) The board shall adopt policies and procedures for the administration of the Montana STEM scholarship program consistent with this part.
History: En. Sec. 1, Ch. 385, L. 2015; amd. Sec. 12, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-615. Eligibility requirements -- ineligibility

20-26-615. Eligibility requirements -- ineligibility.
(1) To be eligible for the Montana STEM scholarship, a student must:
(a) be a Montana resident who graduated from a Montana high school with a cumulative grade point average of at least 3.25;
(b) be eligible for in-state tuition pursuant to the board's policies;
(c) have completed a rigorous college preparation program, including 4 years of mathematics and 3 years of science;
(d) be enrolled full time in at least 15 credit hours at a postsecondary institution in the fall semester immediately following the student's graduation from high school;
(e) be seeking the student's first certificate or 2-year or 4-year degree at a postsecondary institution; and
(f) have declared a STEM or health care major as the student's intended course of study.
(2) A student is ineligible for the Montana STEM scholarship if the student:
(a) has failed to meet the federal Title IV selective service registration requirements;
(b) is in default on a Title IV or state of Montana educational loan or owes a refund to a federal Title IV or state of Montana student financial aid program; or
(c) is incarcerated. A student may receive a Montana STEM scholarship upon release if the student meets all other eligibility requirements.
History: En. Sec. 2, Ch. 385, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-616. STEM scholarship amounts -- renewal requirements

20-26-616. STEM scholarship amounts -- renewal requirements.
(1) A student who meets the requirements of 20-26-615 will receive a $1,000 scholarship for the first academic year the student is enrolled at a postsecondary institution.
(2) A student who meets the requirements of this subsection will receive an additional scholarship for up to 3 subsequent academic years. To be eligible for the STEM scholarship in a subsequent academic year, the student must:
(a) have completed at least:
(i) 30 credit hours in the first academic year to be eligible for a $1,500 scholarship in the second academic year;
(ii) 60 credit hours by the end of the second academic year to be eligible for a $1,500 scholarship in the third academic year; and
(iii) 90 credit hours by the end of the third academic year to be eligible for a $2,000 scholarship in the fourth academic year;
(b) have maintained a grade point average of at least 3.0;
(c) be enrolled full time at the postsecondary institution in the current academic year; and
(d) continue to pursue a STEM or health care major.
(3) The legislature intends scholarships to be awarded at the full amounts provided for in this section. If the funds in the account established in 20-26-617 are insufficient to fully fund the program for a year, scholarships shall be prorated and awarded pursuant to 20-26-617(4).
History: En. Sec. 3, Ch. 385, L. 2015; amd. Sec. 13, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-617. Montana STEM scholarship program state special revenue account

20-26-617. Montana STEM scholarship program state special revenue account.
(1) There is a Montana STEM scholarship program account within the state special revenue fund established in 17-2-102. The purpose of the account is to fund the Montana STEM scholarship program. The account is administered by the board through the office of the commissioner of higher education.
(2) There must be paid into the account the lottery net revenue calculated pursuant to 23-7-402.
(3) If the amount in this account is greater than the amount required to fund the scholarships in the amounts required by 20-26-616, the excess funds must be carried over and used to fund scholarships in the next fiscal year.
(4) If the amount in this account is less than required to fully fund the scholarships as required by 20-26-616, the board may prorate the amount of individual scholarships so that each eligible student still receives a Montana STEM scholarship.
(5) The board may use up to 1% of the funds transferred into the account in each fiscal year for costs related to administering the Montana STEM scholarship program.
(6) This account is statutorily appropriated, as provided in 17-7-502, to the board for the Montana STEM scholarship program established in this part.
History: En. Sec. 4, Ch. 385, L. 2015; amd. Sec. 14, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-621. Short title

20-26-621. Short title.
Sections 20-26-621 through 20-26-623 may be cited as the "Montana Promise Act".
History: En. Sec. 1, Ch. 234, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-622. Purpose

20-26-622. Purpose.
The purpose of 20-26-621 through 20-26-623 is to increase college affordability and attainment for and decrease the amount of college debt incurred by Montana residents who utilize community and tribal colleges and 2-year institutions of the Montana university system.
History: En. Sec. 2, Ch. 234, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-633. Montana foster youth higher education assistance program -- administration -- eligible institutions

20-26-633. (Temporary) Montana foster youth higher education assistance program -- administration -- eligible institutions.
(1) (a) Contingent on appropriation from the legislature, there is a Montana foster youth higher education assistance program administered by the board of regents through the commissioner of higher education for the purpose of helping youth who have aged out of the foster care system meet their educational, vocational, and professional goals without accruing debt.
(b) The Montana foster youth higher education assistance program shall allow and encourage each participating institution to develop a unique program to serve its eligible students pursuant to 20-26-634.
(c) The board of regents shall adopt policies for the administration of the program consistent with 20-26-634 and this section. The policies must include a provision that if funds appropriated for the Montana foster youth higher education assistance program are insufficient in any year, then financial assistance to students under 20-26-634(1)(d) is awarded on a first-come, first-served basis.
(2) An educational or training institution is eligible for a program grant if it is a community or tribal college located in the state of Montana, a 2-year or 4-year institution of the Montana university system, or a publicly funded vocational training program.
(3) The legislature intends that institutions receiving grants pursuant to subsection (2) may reapply to the program for additional grants.
(4) In accordance with 5-11-210, the commissioner shall report annually to the education interim committee and the children, families, health, and human services interim committee on the status and impacts of the grants described in this section. (Terminates June 30, 2031--sec. 4, Ch. 629, L. 2023.)
History: En. Sec. 1, Ch. 629, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 6. Scholarship Programs › 20-26-634. Montana foster youth higher education assistance program -- program requirements -- student participant eligibility

20-26-634. (Temporary) Montana foster youth higher education assistance program -- program requirements -- student participant eligibility.
(1) Institutions awarded a grant shall develop a program that:
(a) serves students who are eligible participants pursuant to subsection (2);
(b) provides on-campus, year-round room and board, including meal plans, to participants from the time they age out of foster care;
(c) provides support services to each participant, including help with admissions and enrollment, assistance completing financial aid paperwork and scholarship applications, life skills training, academic tutoring, job search and career assistance, and a community family or mentor for the purpose of creating a family-like and nurturing connection in the community;
(d) provides last dollar scholarship awards, not to exceed the cost of attendance, based on each term for which a student is eligible. The scholarship awards must be 50% funded by the Montana foster youth higher education assistance program and the remaining 50% funded by private academic unit funds.
(2) To be considered an eligible participant, a student must:
(a) be eligible for the federal John H. Chafee foster care for successful transition to adulthood program;
(b) be enrolled full time and taking courses that lead to:
(i) an associate or bachelor's degree offered by the institution; or
(ii) a vocational or entry-level professional credential or certification offered by the institution;
(c) have been a resident of Montana for at least 12 months prior to applying to the program;
(d) have graduated from high school or received a secondary education equivalency certificate; and
(e) have completed and submitted the free application for federal student aid for the current academic year and accepted all federal and state aid grants available.
(3) A participant shall:
(a) make satisfactory progress toward a degree or vocational or entry-level professional credential or certification;
(b) maintain a cumulative grade point average of at least 2.0;
(c) pay a nominal fee toward the cost of attendance, as determined by the institution;
(d) work a minimum of 10 hours per week from the second semester onward; and
(e) accept support services, including tutoring and life skills classes, offered by the institution. (Terminates June 30, 2031--sec. 4, Ch. 629, L. 2023.)
History: En. Sec. 2, Ch. 629, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 11. Guaranteed Student Loan Program › 20-26-1101. Definitions

20-26-1101. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Agency" means the entity designated by the board to administer student loans.
(2) "Board" means the board of regents of higher education.
(3) "Eligible educational institution" means any institution approved by the United States secretary of education as eligible to participate in the student loan program pursuant to Title IV of the Higher Education Act of 1965, as amended.
(4) "Eligible lender" means any lender as defined under Title IV of the Higher Education Act of 1965, as amended.
(5) "Student loan program" means the program established by the board pursuant to this part.
History: En. Sec. 3, Ch. 691, L. 1979; amd. Sec. 1, Ch. 205, L. 1993; amd. Sec. 8, Ch. 243, L. 1997; amd. Sec. 8, Ch. 446, L. 1997; amd. Sec. 4, Ch. 39, L. 2013; amd. Sec. 1, Ch. 227, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 11. Guaranteed Student Loan Program › 20-26-1102. Authorization to establish student loan program

20-26-1102. Authorization to establish student loan program.
(1) The board may establish and contract for the operation of a student loan program to make available to students improved opportunities for education by guaranteeing loans in accordance with applicable federal law to persons attending or accepted for enrollment at an eligible educational institution.
(2) The board is designated as the state representative for receiving federal, public, or private money that is now or will be made available under any act of the congress of the United States or otherwise for purposes of a student loan program.
History: En. Sec. 4, Ch. 691, L. 1979; amd. Sec. 9, Ch. 243, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 11. Guaranteed Student Loan Program › 20-26-1103. Duties of board

20-26-1103. Duties of board.
In discharging its duties in relation to the student loan program, the board shall:
(1) act as guarantor and administrator on loans of money, upon terms and conditions that the board may prescribe, to assist persons attending or accepted for enrollment at an eligible educational institution to meet their educational expenses;
(2) approve financial or credit institutions or other lenders as eligible lenders upon their meeting the standards established by the board for making student loans;
(3) incur and discharge debts, including defaulted loan obligations that have been guaranteed by the board;
(4) make and execute agreements, contracts, and other instruments with any public or private person or agency, including the United States secretary of education, for the administration of the student loan program;
(5) provide for the operation of the student loan program to conduct loan approval processing, essential and special loan servicing, preclaims assistance, supplemental preclaims assistance, claim processing and collections, and other services that would promote lender and school participation and loan availability to students;
(6) perform any other duties necessary for the administration of the student loan program and other student financial aid-related activities for the benefit of students as determined by the board.
History: En. Sec. 5, Ch. 691, L. 1979; amd. Sec. 2, Ch. 205, L. 1993; amd. Sec. 10, Ch. 243, L. 1997; amd. Sec. 5, Ch. 38, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 11. Guaranteed Student Loan Program › 20-26-1104. Repealed

20-26-1104. Repealed.
Sec. 5, Ch. 39, L. 2013.
History: En. Sec. 6, Ch. 691, L. 1979; amd. Sec. 3, Ch. 205, L. 1993; amd. Sec. 11, Ch. 243, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 26. Student Financial Assistance › Part 11. Guaranteed Student Loan Program › 20-26-1105. Student loan account

20-26-1105. Student loan account.
(1) There is a student loan account within the federal special revenue fund provided for in 17-2-102.
(2) The board shall credit to the account established in subsection (1) all money designated for the student loan program by the United States or by any other public or private source. All expenses incurred by the board in connection with the student loan program, including principal and interest payments required because of loan defaults, must be charged against the account.
(3) Money in the account not needed to meet current obligations of the board in the exercise of its responsibilities as guarantor and administrator, as provided for in this part, must be invested in accordance with the provisions of Title 17, chapter 6. Interest proceeds must be credited to the account.
(4) Money on deposit in the student loan account may not revert to the general fund at the close of any fiscal year.
History: En. Sec. 7, Ch. 691, L. 1979; amd. Sec. 20, Ch. 281, L. 1983; amd. Sec. 1, Ch. 134, L. 1987; amd. Sec. 4, Ch. 700, L. 1989; amd. Sec. 12, Ch. 243, L. 1997.