reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-103. Definitions

20-11-103. Definitions.
As used in this part, the following definitions apply:
(1) "Applicant" means a person or group that submits a proposal for a community choice school to an authorizer.
(2) "Authorizer" means the commission or a local school board approved as an authorizer by the commission.
(3) "Charter contract" means a fixed-term, renewable contract between a community choice school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.
(4) "Commission" means the community choice school commission provided for in 20-11-106.
(5) "Community choice school" or "choice school" means a public school that:
(a) has autonomy over decisions, including but not limited to matters concerning finance, board governance, personnel, scheduling, curriculum, and instruction;
(b) is governed by a governing board;
(c) is established and operated under the terms of a charter contract between the school's governing board and its authorizer;
(d) is a school in which parents choose to enroll their children;
(e) is a school that admits students based on capacity and then on the basis of a lottery if more students apply for admission than can be accommodated;
(f) provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;
(g) operates in pursuit of a specific set of educational objectives as defined in its charter contract;
(h) operates under the oversight of its authorizer in accordance with its charter contract; and
(i) establishes graduation requirements and has authority to award degrees and issue diplomas.
(6) "Education service provider" means a for-profit education management organization, nonprofit education management organization, school design provider, or other partner entity with which a community choice school intends to contract for educational design, implementation, or comprehensive management.
(7) "Governing board" means an independent volunteer board of trustees of a community choice school that is a party to the charter contract with the authorizer.
(8) "Local school board" means a traditional school district board of trustees exercising management and control over a traditional local school district pursuant to the laws of the state.
(9) "Parent" means a parent, guardian, or other person or entity having legal custody of a child.
(10) "Resident school district" means the public school district in which a student resides.
(11) "Student" means a child who is eligible for attendance in a public school in the state.
(12) "Traditional public school" means a traditional public school that is under the direct management, governance, and control of a local school board or the state.
(13) "Virtual community choice school" means a community choice school headquartered in Montana that offers educational services predominantly through an online program.
History: En. Sec. 3, Ch. 513, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-110. Purchase of services by choice school

20-11-110. Purchase of services by choice school.
(1) With the exception of oversight services as required by 20-11-109, a community choice school may not be required to purchase services from the choice school's authorizer as an express or implied condition of choice school approval or of executing a charter contract.
(2) A choice school may choose to purchase services from its authorizer. In that event, the choice school and authorizer shall execute an annual service contract, separate from the charter contract, stating the parties' mutual agreement concerning any services to be provided by the authorizer and any service fees to be charged to the choice school. An authorizer may not charge more than market rates for services provided to a choice school.
(3) A choice school may purchase goods and services from for-profit providers for operational and ancillary purposes.
History: En. Sec. 8, Ch. 513, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-112. Charter contract -- terms

20-11-112. Charter contract -- terms.
(1) An initial charter contract must be granted for a term of 5 operating years, commencing on the community choice school's first day of operation. An approved choice school may delay its opening for 1 school year to plan and prepare for the school's opening. If the school requires an opening delay of more than 1 school year, the school shall request an extension from its authorizer. The authorizer may grant or deny the extension depending on the school's circumstances.
(2) Within 45 days of approval of a choice school proposal, the authorizer and the governing board of the approved choice school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the choice school will be judged and the administrative relationship between the authorizer and the choice school, including each party's rights and duties.
(3) The performance provisions of the charter contract may be refined or amended by mutual agreement after the choice school is operating and has collected baseline achievement data for its enrolled students.
(4) The charter contract for a full-time virtual community choice school must include a description and agreement regarding the methods by which the school will:
(a) monitor and verify full-time student enrollment, student participation in a full course load, credit accrual, and course completion;
(b) monitor and verify student progress and performance in each course through regular, proctored assessments and submissions of coursework; and
(c) conduct parent-teacher conferences.
(5) The charter contract must be signed by the president of the authorizer's governing body and the president of the choice school's governing board. Within 10 days of executing a charter contract, the authorizer shall submit to the commission written notification of the charter contract execution, including a copy of the executed charter contract and any attachments.
(6) A community choice school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the authorizer's governing body.
(7) Authorizers may establish reasonable pre-opening requirements or conditions to monitor the startup progress of a newly approved choice school to ensure that the school is prepared to open smoothly on the date agreed and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening.
History: En. Sec. 10, Ch. 513, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-125. Community choice school access to district facilities and land

20-11-125. Community choice school access to district facilities and land.
(1) A choice school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or an unused portion of a public school facility or property located in a school district from which the choice school draws its students.
(2) A choice school may negotiate and contract at or below fair market value with a school district, the governing body of a college or university or community college, or any other public entity or for-profit or nonprofit private entity for the use of a facility for a school building.
History: En. Sec. 16, Ch. 513, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-126. Community choice school account

20-11-126. Community choice school account.
(1) There is a community choice school account in the state special revenue fund provided for in 17-2-102 and administered by the commission. The purpose of the account is for the receipt and expenditure of gifts, grants, legacies, devises, and donations given specifically to support the creation and operation of the Montana community choice schools and commission.
(2) All donations must be from a private source and may not be expended for any purpose other than for the benefit of qualifying choice schools as determined by the commission. Money in the account is derived from a private nonstate source and is payable by the commission without an appropriation pursuant to 17-8-101.
(3) A gift or donation made directly to a specific choice school or schools is not prohibited by this section.
History: En. Sec. 17, Ch. 513, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-101. Definition

20-15-101. Definition.
As used in this title, unless the context clearly indicates otherwise, the term "community college district" means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. Community college districts shall be in addition to any other districts existing in any portion of the area encompassed by the community college district.
History: En. 75-8101 by Sec. 448, Ch. 5, L. 1971; R.C.M. 1947, 75-8101; amd. Sec. 1, Ch. 74, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-102. Community college districts -- name and corporate powers

20-15-102. Community college districts -- name and corporate powers.
A community college district shall be known as "Community College District of ...., Montana". In this name, the community college district may sue and be sued, levy and collect taxes within the limitations of the laws of Montana, and possess the same corporate powers as districts in this state, except as otherwise provided by law.
History: En. 75-8102 by Sec. 449, Ch. 5, L. 1971; R.C.M. 1947, 75-8102.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-103. Supervision and coordination by board of regents

20-15-103. Supervision and coordination by board of regents.
Pursuant to Article X, section 9, of the Montana constitution, the community college districts are assigned to the board of regents of higher education for supervision and coordination as public educational institutions outside the Montana university system. The regents shall:
(1) supervise community college districts in accordance with the provisions of this section and 20-15-105;
(2) appoint a coordinator of community college districts and prescribe the duties of the coordinator;
(3) formulate and put into effect general policies for the supervision and coordination of community college districts;
(4) after consultation with the community college trustees, develop and implement policies that distinguish the regents' authority to supervise and coordinate and the trustees' authority to administer and control community colleges; and
(5) on approval of a proposition to organize a community college district, provide a recommendation to the legislature pursuant to 20-15-209.
History: (1), (5)En. 75-5607.1 by Sec. 2, Ch. 266, L. 1977; Sec. 75-5607.1, R.C.M. 1947; (2)En. Sec. 450, Ch. 5, L. 1971; amd. Sec. 1, Ch. 406, L. 1971; Sec. 75-8103, R.C.M. 1947; R.C.M. 1947, 75-5607.1, 75-8103; (3), (4)En. Sec. 25, Ch. 392, L. 1979; amd. Sec. 10, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-104. Pecuniary interest and letting contracts

20-15-104. Pecuniary interest and letting contracts.
(1) It is unlawful for any community college district trustee to:
(a) have a pecuniary interest, either directly or indirectly, in the erection of any community college building in the trustee's district;
(b) have a pecuniary interest, either directly or indirectly, in furnishing or repairing a community college building;
(c) be in any manner connected with the furnishing of supplies for the maintenance of the college; or
(d) receive or accept any compensation or reward for services rendered as trustee, except as provided in this section.
(2) Except for the letting of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, including construction or installation of conservation measures pursuant to an energy performance contract, the board of trustees shall let contracts for building, furnishing, repairing, or other work or supplies for the benefit of the district according to the following rules and procedures:
(a) The board of trustees need not meet requirements relating to advertising or bidding if a proposed contract for building, furnishing, repairing, or other work or supplies is for less than $80,000.
(b) Whenever the proposed contract costs are more than $80,000, the board of trustees shall solicit formal bids and advertise once each week for at least 2 weeks in a newspaper published in each county in which the area of the district lies, calling for bids to perform the work or furnish the supplies. If advertising is required, the board shall award the contract to the lowest responsible bidder. However, the board of trustees has the right to reject any bids.
History: En. 75-8118 by Sec. 465, Ch. 5, L. 1971; R.C.M. 1947, 75-8118; amd. Sec. 26, Ch. 392, L. 1979; amd. Sec. 11, Ch. 162, L. 2005; amd. Sec. 1, Ch. 68, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-105. Courses of instruction -- tuition and fees

20-15-105. Courses of instruction -- tuition and fees.
(1) A community college district shall provide instruction in transfer, career and technical, and adult postsecondary education, subject to the approval of the board of regents of higher education. The board of trustees of a community college district may, in its discretion and upon approval of the board of regents, prescribe:
(a) tuition rates for in-district students, out-of-district students who are residents of the state of Montana, and students who are not residents of the state of Montana;
(b) matriculation charges; and
(c) incidental fees, including building fees, for students in the community college.
(2) The board of trustees of a community college district may prescribe other fees it considers necessary to maintain courses, taking into consideration other funds available under law for the support of courses.
History: En. 75-8119 by Sec. 466, Ch. 5, L. 1971; amd. Sec. 8, Ch. 406, L. 1971; amd. Sec. 4, Ch. 121, L. 1977; R.C.M. 1947, 75-8119; amd. Sec. 11, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-106. Retirement systems for employees, teachers, and administrators

20-15-106. Retirement systems for employees, teachers, and administrators.
(1) Teachers and administrators of a community college district are subject to and eligible for the benefits of the Montana teachers' retirement system pursuant to the provisions of Title 19, chapter 20.
(2) The employees of a community college district not eligible for teachers' retirement system benefits are subject to and eligible for the benefits of the Montana public employees' retirement system pursuant to Title 19, chapters 2 and 3.
History: En. 75-8120 by Sec. 467, Ch. 5, L. 1971; R.C.M. 1947, 75-8120; amd. Sec. 27, Ch. 392, L. 1979; amd. Sec. 18, Ch. 282, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-107. Lease or sale of district property

20-15-107. Lease or sale of district property.
Whenever a district has property that is not required for the use of the district, such property may be leased or sold and conveyed to the community college district. Such lease or sale of property shall be consummated in accordance with the provisions of the law of Montana.
History: En. 75-8124 by Sec. 471, Ch. 5, L. 1971; R.C.M. 1947, 75-8124.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-108. Baccalaureate degrees not to be granted

20-15-108. Baccalaureate degrees not to be granted.
A community college district shall be prohibited from granting baccalaureate degrees.
History: En. 75-8126 by Sec. 1, Ch. 407, L. 1971; R.C.M. 1947, 75-8126.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 1. General Provisions › 20-15-109. Acceptance of donations

20-15-109. Acceptance of donations.
The board of trustees of a community college district, on behalf of the district, is hereby authorized and empowered to accept gifts, legacies, and devises, subject to the conditions imposed by the deed of the dower or will of the testator or without any conditions imposed.
History: En. 75-8123 by Sec. 470, Ch. 5, L. 1971; R.C.M. 1947, 75-8123.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-201. Requirements for organization of community college district

20-15-201. Requirements for organization of community college district.
The registered electors in any area of the state of Montana may request an election for the organization of a community college district where the proposed community college district conforms to the following requirements:
(1) The proposed area coincides with the then-existing boundaries of contiguous elementary or K-12 districts of one or more counties.
(2) The taxable value of the proposed area is at least $10 million.
(3) There are at least 700 pupils regularly enrolled in public and private high schools located in the proposed area.
History: En. 75-8104 by Sec. 451, Ch. 5, L. 1971; amd. Sec. 47, Ch. 566, L. 1977; R.C.M. 1947, 75-8104; amd. Sec. 12, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-202. Petition for organization of community college district

20-15-202. Petition for organization of community college district.
(1) When the area of a proposed community college district satisfies the specified requirements under 20-15-201, the registered electors of the area may petition the board of county commissioners to call an election for the organization of a community college district. The petition must be signed by at least 20% of the registered electors within each county or a part of a county included in the area of the proposed community college district.
(2) When the area to be included within the proposed community college district lies in more than one county, the qualified electors of the proposed area shall present a petition to the board of county commissioners in each county. Each petition must contain the signatures of at least 20% of the qualified electors of the proposed district that lies within that county.
(3) The petition must include:
(a) a legal description or map of the proposed community college district boundaries;
(b) the proposed name of the community college district;
(c) a description of the educational services the proposed community college district will offer;
(d) an estimate of the number of persons expected to use the services within the district; and
(e) a notice that the creation of a community college district may, with subsequent voter approval, result in the levying of property taxes to support:
(i) a portion of the operating costs of the community college district; and
(ii) the repayment of bonds issued as authorized by law.
History: En. 75-8105 by Sec. 452, Ch. 5, L. 1971; amd. Sec. 2, Ch. 406, L. 1971; R.C.M. 1947, 75-8105; amd. Sec. 13, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-203. Community college district organization election -- notice -- proposition statement

20-15-203. Community college district organization election -- notice -- proposition statement.
(1) On a determination that a petition complies with the provisions of 20-15-202, the board of county commissioners of each county in which the proposed community college district lies shall give notice of elections to be held within the boundaries of the proposed district for the purposes of:
(a) determining whether a community college district should be organized; and
(b) electing trustees as provided under the provisions of this part.
(2) The elections must be conducted in accordance with Title 13, chapter 1, part 5.
(3) At the election the proposition for organization must be in substantially the following form:
PROPOSITION
Shall there be organized within the area comprising the School Districts of..... (elementary or K-12 districts must be listed by county), State of Montana, a community college district for the offering of transfer, career and technical, and adult postsecondary education, to be known as the Community College District of....., Montana, under the provisions of the laws authorizing community college districts in Montana, as requested in the petition filed with the county election administrator on the..... day of....., 20...? The creation of a community college district may, with subsequent voter approval, result in the levying of property taxes to support:
(1) a portion of the operating costs of the community college district; and
(2) the repayment of bonds issued as authorized by law.
☐ FOR organization.
☐ AGAINST organization.
History: En. 75-8106 by Sec. 453, Ch. 5, L. 1971; amd. Sec. 3, Ch. 406, L. 1971; R.C.M. 1947, 75-8106; amd. Sec. 56, Ch. 51, L. 1999; amd. Sec. 212, Ch. 49, L. 2015; amd. Sec. 14, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-204. Election of trustees -- districts from which elected -- terms of office

20-15-204. Election of trustees -- districts from which elected -- terms of office.
(1) Pursuant to 20-15-208, the county election administrator shall conduct the election of trustees of the proposed community college district at the same time as the election to be held for the approval of the community college district's organization.
(2) If the county election administrator determines that the proposal to organize a new community college district has carried pursuant to 20-15-209, the county election administrator shall determine which candidates have been elected trustees.
(3) Seven trustees must be elected at large, except that if there is in the proposed community college district one or more high school districts or part of a high school district within the community college district with more than 43% and not more than 50% of the total population of the proposed district, as determined by the last census, then each such district or part of district shall elect three trustees and the remaining trustees must be elected at large from the remainder of the proposed community college district. Should any high school district or part of a high school district within the community college district have more than 50% of the population of the proposed district, then four trustees must be elected from that high school district or part of a high school district and the remaining trustees must be elected at large from the remainder of the proposed community college district.
(4) If the trustees are elected at large throughout the entire proposed community college district, the three receiving the greatest number of votes must be elected for a term of 3 years, the two receiving the next greatest number of votes, for a term of 2 years, and the two receiving the next greatest number of votes, for a term of 1 year. If the trustees are elected in any manner other than at large throughout the entire proposed community college district, then the trustees elected shall determine by lot the three who shall serve for 3 years, the two who shall serve for 2 years, and the two who shall serve for 1 year. Thereafter, all trustees elected shall serve for terms of 3 years each.
History: En. 75-8107 by Sec. 454, Ch. 5, L. 1971; amd. Sec. 4, Ch. 406, L. 1971; amd. Sec. 14, Ch. 137, L. 1973; amd. Sec. 1, Ch. 159, L. 1975; R.C.M. 1947, 75-8107; amd. Sec. 213, Ch. 49, L. 2015; amd. Sec. 1, Ch. 69, L. 2019; amd. Sec. 15, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-205. Repealed

20-15-205. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. 75-8108 by Sec. 455, Ch. 5, L. 1971; amd. Sec. 5, Ch. 406, L. 1971; R.C.M. 1947, 75-8108.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-206. Repealed

20-15-206. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. 75-8109 by Sec. 456, Ch. 5, L. 1971; amd. Sec. 6, Ch. 406, L. 1971; R.C.M. 1947, 75-8109.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-207. Notice of organization election

20-15-207. Notice of organization election.
Notice of the community college district organization election and the accompanying election of a board of trustees for the proposed community college district must be given by the county election administrator in accordance with 13-1-108.
History: En. 75-8110 by Sec. 457, Ch. 5, L. 1971; amd. Sec. 7, Ch. 406, L. 1971; R.C.M. 1947, 75-8110; amd. Sec. 214, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-208. Conduct of community college district elections

20-15-208. Conduct of community college district elections.
(1) An election for the organization of the community college district and the concurrent election of trustees for the proposed community college district must be conducted by the county election administrator.
(2) For any community college district election held subsequent to the initial elections under subsection (1), the community college district's board of trustees is the governing body for the election and the county election administrator shall conduct the election.
(3) If a proposed or existing community college district is within the boundaries of more than one county, the county election administrator of the county with the highest number of qualified electors in the proposed or existing community college district shall conduct the election.
(4) A community college district election must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. 75-8111 by Sec. 458, Ch. 5, L. 1971; R.C.M. 1947, 75-8111; amd. Sec. 215, Ch. 49, L. 2015; amd. Sec. 16, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-209. Determination of approval or disapproval of proposition -- subsequent procedures if approved

20-15-209. Determination of approval or disapproval of proposition -- subsequent procedures if approved.
(1) To carry, the proposal to organize the community college district must receive a majority of the total number of votes cast. The county election administrator shall determine whether the proposal has received the majority of the votes cast for each county within the proposed district and shall certify the results. Prior to the legislative session immediately following an affirmative community college district organization election:
(a) by August 15, the trustees-elect of the proposed community college district shall submit to the board of regents an analysis of the educational and workforce needs in the proposed community college district and planned course offerings to meet the needs; and
(b) by December 1, the regents shall provide a recommendation to the legislature based solely on an evaluation of the analysis in subsection (1)(a).
(2) Authority to approve a new community college district lies solely with the legislature. The legislature shall, by joint resolution at its next regular session, consider creation of the proposed community college district. If the legislature approves a new community college district, the board of county commissioners of each county in which the proposed community college district is located shall make an order declaring the community college district organized and cause a copy of the order to be recorded in the office of the county clerk and recorder in each county in which a portion of the new district is located. The board of county commissioners shall notify the board of regents of the district's organization.
(3) Within 30 days of the date of the organization order, the board of trustees of the community college district shall set a date and notice an organization meeting. The notification must designate a temporary presiding officer and secretary for the purposes of organization.
History: En. 75-8112 by Sec. 459, Ch. 5, L. 1971; amd. Sec. 1, Ch. 164, L. 1971; amd. Sec. 2, Ch. 407, L. 1971; R.C.M. 1947, 75-8112; amd. Sec. 321, Ch. 56, L. 2009; amd. Sec. 216, Ch. 49, L. 2015; amd. Sec. 2, Ch. 69, L. 2019; amd. Sec. 17, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-210. Qualification and organization of board of trustees

20-15-210. Qualification and organization of board of trustees.
(1) Newly elected members of the board of trustees of the community college district must be qualified by taking the oath of office prescribed by the constitution of Montana. At the organization meeting called by the board of regents, the board of trustees must be organized by the election of a presiding officer and a secretary.
(2) The treasurer of the community college district is the county treasurer of the county in which the community college facilities are located. The duties of the county treasurer are referenced in 20-9-212.
History: En. 75-8113 by Sec. 460, Ch. 5, L. 1971; amd. Sec. 33, Ch. 100, L. 1973; R.C.M. 1947, 75-8113; amd. Sec. 28, Ch. 392, L. 1979; amd. Sec. 8, Ch. 260, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-219. Qualifications for office of trustee -- declaration of candidacy

20-15-219. Qualifications for office of trustee -- declaration of candidacy.
(1) Any person who is qualified to vote in a community college district under the provisions of 20-20-301 is eligible for the office of community college trustee.
(2) A declaration of candidacy must be submitted to the county election administrator within the time period specified in 20-3-305(2). If there are different terms to be filled, the term for which the candidate is filing must be indicated on the declaration.
History: En. Sec. 3, Ch. 392, L. 1979; amd. Sec. 322, Ch. 56, L. 2009; amd. Sec. 1, Ch. 251, L. 2013; amd. Sec. 217, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-220. Trustee election ballot

20-15-220. Trustee election ballot.
(1) The trustee election ballot must be substantially in the following form:
Official BallotCommunity College Trustee ElectionInstructions to Voters
Make an "X" or similar mark in the vacant square before the name of the candidate for whom you wish to vote.
Vote for (indicate number to be elected) for a 3-year term.
☐ ................ List the names of the candidates for the 3-year term with a vacant square in front of each name.
Vote for (indicate number to be elected) for a 2-year term.
☐ ................ List the names of the candidates for the 2-year term with a vacant square in front of each name.
Vote for (indicate number to be elected) for a 1-year term.
☐ ................ List the names of the candidates for the 1-year term with a vacant square in front of each name.
(2) In preparing the ballots, only those portions of the prescribed ballot that are applicable to the election to be conducted need be used. The ballot must also be prepared with blank lines and vacant squares in front of the lines in a sufficient number to allow write-in voting for each trustee position that is subject to election.
History: En. Sec. 4, Ch. 392, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-221. Election of trustees after organization of community college district

20-15-221. Election of trustees after organization of community college district.
(1) After organization, the registered electors of the community college district qualified to vote under the provisions of 20-20-301 shall annually vote for trustees on the regular school election day provided for in 20-20-105(1). The election must be conducted in accordance with the election provisions of this title whenever the provisions are made applicable to community college districts. Pursuant to 20-15-208, the elections must be conducted by the county election administrator on the order of the board of trustees of the community college district. The order must be transmitted to the appropriate trustees at least 85 days prior to the regular school election day.
(2) Notice of the community college district trustee election must be given as provided in 13-1-108.
(3) If trustees are elected other than at large throughout the entire district, then only those qualified electors within the area from which the trustee or trustees are to be elected may cast their ballots for the trustee or trustees from that area.
(4) Candidates for the office of trustee shall file their declarations of candidacy with the county election administrator within the time period specified in 20-3-305(2).
(5) All costs incident to election of the community college trustees must be borne by the community college district, including one-half of the compensation of the judges for the school elections.
History: En. 75-8114 by Sec. 461, Ch. 5, L. 1971; amd. Sec. 2, Ch. 121, L. 1977; R.C.M. 1947, 75-8114; amd. Sec. 29, Ch. 392, L. 1979; amd. Sec. 31, Ch. 130, L. 2005; amd. Sec. 2, Ch. 251, L. 2013; amd. Sec. 218, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-222. Results of election -- qualifying oath -- term of office

20-15-222. Results of election -- qualifying oath -- term of office.
(1) When the board of trustees of the community college district has received all of the certified results of the election from the county election administrator, the then-qualified members of the board of trustees of the community college district shall tabulate the results received, shall declare and certify the candidate or candidates receiving the greatest number of votes to be elected to the position or positions to be filled, and shall declare and certify the results of the votes cast on any proposition presented at the election.
(2) (a) A person who receives a certificate of election as a community college trustee may not assume the trustee position until the person has qualified by taking an oath of office prescribed by the constitution of Montana at the next regularly scheduled meeting of the board of trustees after receipt of the certificate of election.
(b) If the elected person does not qualify in accordance with this requirement, another person must be appointed in a manner provided by 20-15-223 and shall serve until the next regular school election.
(3) After a person has qualified for a trustee position, the person shall hold the position for the term of the position and until a successor has been elected or appointed and has been qualified.
History: En. 75-8115 by Sec. 462, Ch. 5, L. 1971; R.C.M. 1947, 75-8115; amd. Sec. 5, Ch. 392, L. 1979; amd. Sec. 323, Ch. 56, L. 2009; amd. Sec. 219, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-223. Vacancies

20-15-223. Vacancies.
(1) A community college trustee position is vacant whenever the incumbent:
(a) dies;
(b) resigns; or
(c) is removed under the provisions of 20-15-227.
(2) A trustee position is also vacant whenever an elected candidate fails to qualify under the provisions of 20-3-307.
(3) Any vacancy of a trustee position shall be filled by appointment by majority vote of the remaining trustees, and the person appointed shall hold office until the next regular school election day, when a trustee shall be elected for the remainder of the unexpired term.
History: En. 75-8116 by Sec. 463, Ch. 5, L. 1971; R.C.M. 1947, 75-8116; amd. Sec. 30, Ch. 392, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-224. Board of trustees -- organization, meetings, quorum, mileage, and seal

20-15-224. Board of trustees -- organization, meetings, quorum, mileage, and seal.
(1) (a) The trustees of each community college district shall annually organize as a governing board of the community college district at the next regularly scheduled meeting after the regular school election day and after the issuance of the election certificate to the newly elected trustees.
(b) In order to organize, the trustees of the community college district must be given notice by the coordinator of the time and place where the organization meeting will be held, and at the meeting they shall choose one of their members as presiding officer and as secretary. In addition, the trustees may employ or appoint a competent person who is not a member of the trustees as the clerk of the community college district.
(c) The presiding officer and secretary of the trustees of the community college district shall serve until the next organization meeting. The presiding officer shall preside at all meetings of the trustees in accordance with the customary rules of order. The presiding officer shall perform the duties prescribed by this title and any other duties that normally pertain to the office.
(2) The board of trustees of the community college shall hold monthly meetings within the community college district on the day of the month the trustees may set. The presiding officer and secretary of the board or a majority of the board may also call special meetings of the board of trustees at any time and place within the community college district if in its judgment necessity requires the meeting. The secretary of the board shall give each member a 48-hour written notice of all special meetings.
(3) A majority of the board of trustees constitutes a quorum for the transaction of business, except that a contract may not be let, teacher employed or dismissed, or bill approved unless a majority of the total board membership votes in favor of the action.
(4) A member of the board of trustees must receive mileage, as provided for in 2-18-503, for the distance necessarily traveled in going to and returning from the place of the meeting and the member's place of residence each day that the trip is actually made.
(5) The board shall keep a common seal with which to attest its official acts.
History: En. 75-8117 by Sec. 464, Ch. 5, L. 1971; amd. Sec. 1, Ch. 163, L. 1971; amd. Sec. 3, Ch. 121, L. 1977; R.C.M. 1947, 75-8117; (1)En. Sec. 8, Ch. 392, L. 1979; amd. Sec. 324, Ch. 56, L. 2009; amd. Sec. 220, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-225. Powers and duties of trustees

20-15-225. Powers and duties of trustees.
(1) The trustees of a community college district shall, subject to supervision by the board of regents:
(a) have general control and supervision of the community college;
(b) adopt rules, not inconsistent with the constitution and the laws of the state, for the government and administration of the community college;
(c) grant certificates and degrees to the graduates of the community college;
(d) keep a record of their proceedings;
(e) when not otherwise provided by law, have control of all books, records, buildings, grounds, and other property of the community college;
(f) receive from the state board of land commissioners; other boards, agencies, or persons; or the government of the United States all funds, income, and other property the community college may be entitled to receive or accept and use and appropriate the property for the specific purpose of the entitlement, grant, or donation;
(g) have general control of all receipts and disbursements of the community college;
(h) appoint and dismiss a president and faculty for the community college; appoint and dismiss any other necessary officers, agents, and employees; fix their compensation; and set the terms and conditions of their employment;
(i) administer the tuition provision and otherwise govern the students of the community college district in accordance with the provisions of this chapter;
(j) call the elections of the district in accordance with the school election chapter of this title;
(k) participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of this title;
(l) establish employee benefits, other than retirement benefits, and fix their limits in accordance with 2-18-701 through 2-18-704; and
(m) participate in district boundary change actions in accordance with the provisions of the district organization chapter of this title.
(2) The trustees of a community college district shall hold in trust all real and personal property of the district for the benefit of the college and students.
(3) The trustees of a community college district may enter into agreements with the western interstate commission for higher education, or similar intrastate, interstate, or international agreements, for the benefit of the district and students.
History: En. 75-8117.1 by Sec. 5, Ch. 121, L. 1977; R.C.M. 1947, 75-8117.1; (2), (3)En. Secs. 10, 11, Ch. 392, L. 1979; amd. Sec. 31, Ch. 392, L. 1979; amd. Sec. 221, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-226. Personal liability of trustees

20-15-226. Personal liability of trustees.
(1) The trustees of each community college district are responsible for the proper administration and utilization of all money of the district. Failure or refusal to do so constitutes grounds for removal from office.
(2) Trustees consenting to illegal use of money are jointly and individually liable to the district for any losses sustained by the district. The county attorney shall prosecute any proceedings arising pursuant to this section, or a party seeking such action may retain private counsel. The party commencing the action is liable for the costs if the action fails.
History: En. Sec. 9, Ch. 392, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-227. Trustee removal procedure

20-15-227. Trustee removal procedure.
(1) Any person may seek the removal of a community college trustee by filing a complaint with the board of county commissioners, containing charges based on one or more of the grounds cited in 20-15-228.
(2) If upon receiving a complaint it appears that there is probable cause for removal, the board of county commissioners shall suspend the trustee from the trustee position until charges can be heard in the appropriate district court. The board of county commissioners shall then transmit the complaint, together with a statement of suspension, to the district court.
History: En. Sec. 6, Ch. 392, L. 1979; amd. Sec. 325, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-228. Grounds for removal

20-15-228. Grounds for removal.
A community college trustee may be removed if the trustee:
(1) moves the trustee's residence from the applicable community college district;
(2) is no longer a registered elector of the community college district under the provisions of 20-20-301;
(3) is absent from the district 60 consecutive days;
(4) fails to attend three consecutive meetings of the trustees without reasonable cause;
(5) fails to perform responsibilities in accordance with 20-15-226; or
(6) ceases to have the capacity to hold office.
History: En. Sec. 7, Ch. 392, L. 1979; amd. Sec. 326, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 15. Community College Districts › Part 2. Organization and Trustees › 20-15-229. Audit of district

20-15-229. Audit of district.
A community college district is subject to audit in the same manner as a state agency. A community college district shall contract for an audit with a private accounting firm, subject to approval of the legislative auditor. A community college district is responsible for paying for any portion of contract costs not appropriated by the legislature. Each community college district shall provide a copy of its audit report to the legislative auditor.
History: En. Sec. 14, Ch. 392, L. 1979; amd. Sec. 2, Ch. 110, L. 2021.