reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-211. Expenses of officers or employees attending conventions -- educational associations

20-1-211. Expenses of officers or employees attending conventions -- educational associations.
(1) A school district officer or employee of any school district may not receive payment from any public funds for traveling expenses or other expenses of any sort or kind for attendance at any convention, meeting, or other gathering of public officers except for attendance at a convention, meeting, or other gatherings that the officer or employee may by virtue of the office or employment find it necessary to attend.
(2) The board of trustees of any county or district high school or of any school district may by resolution adopted by a majority of the entire board make their district a member of any state association of school districts or school district trustees or any other strictly educational association and authorize the payment of dues to the association and the necessary traveling expenses of employees or members of the board to attend meetings of the association or other meetings called for the express purpose of considering educational matters.
History: En. Sec. 1, Ch. 241, L. 1921; re-en. Sec. 443, R.C.M. 1921; amd. Sec. 1, Ch. 124, L. 1923; amd. Sec. 1, Ch. 48, L. 1927; amd. Sec. 1, Ch. 86, L. 1931; amd. Sec. 1, Ch. 130, L. 1933; re-en. Sec. 443, R.C.M. 1935; amd. Sec. 1, Ch. 119, L. 1943; amd. Sec. 1, Ch. 58, L. 1949; amd. Sec. 1, Ch. 184, L. 1957; amd. Sec. 11, Ch. 80, L. 1961; amd. Sec. 1, Ch. 85, L. 1963; amd. Sec. 1, Ch. 79, L. 1965; amd. Sec. 1, Ch. 66, L. 1967; amd. Sec. 1, Ch. 174, L. 1967; amd. Sec. 1, Ch. 182, L. 1973; R.C.M. 1947, 25-508(part); amd. Sec. 266, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-212. Destruction of records by school officer

20-1-212. Destruction of records by school officer.
(1) Upon the order of the board of trustees, a school officer may destroy records that have met the retention period, as contained in the local government records retention and disposition schedules, and, with written approval of the local government records destruction subcommittee provided for in 2-6-1202, any records not referenced in the retention and disposition schedule that are no longer needed by the office.
(2) Each student's permanent file, as defined by the board of public education, must be permanently kept in a secure location. Other student records must be maintained and destroyed as provided in subsection (1). Personnel files must be kept for 10 years after termination.
History: En. Sec. 2, Ch. 92, L. 1935; re-en. Sec. 455.2, R.C.M. 1935; amd. Sec. 1, Ch. 166, L. 1967; amd. Sec. 79, Ch. 348, L. 1974; amd. Sec. 36, Ch. 213, L. 1975; R.C.M. 1947, 59-514(2); amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 1, Ch. 543, L. 1983; amd. Sec. 15, Ch. 420, L. 1993; amd. Sec. 2, Ch. 323, L. 1997; amd. Sec. 1, Ch. 33, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-214. School crossing guards

20-1-214. School crossing guards.
(1) The trustees of a school district or the administration of a private school may organize and supervise school crossing guards for a school under their authority.
(2) The department of justice shall, in cooperation with the superintendent of public instruction and in accordance with the sign manual adopted by the department of transportation, prescribe by rule the identification, training requirements, and operation of school crossing guards.
(3) The purpose of school crossing guards is to influence and encourage pupils of the school to refrain from crossing public highways at points other than regular crossings, to direct pupils as to where and when to cross highways, and to direct traffic when pupils are crossing highways at regular crossings.
History: En. Sec. 49, Ch. 352, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-225. Compliance with Military Selective Service Act for postsecondary financial assistance -- rulemaking -- definitions

20-1-225. Compliance with Military Selective Service Act for postsecondary financial assistance -- rulemaking -- definitions.
(1) A postsecondary educational institution may not provide student financial assistance to or enroll as a student an individual who is receiving or will receive student financial assistance unless the individual has complied with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:
(a) by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or
(b) is exempt from registration under the provisions of the Military Selective Service Act.
(2) The board of regents shall adopt rules to implement this section.
(3) The following definitions apply to this section:
(a) "Postsecondary educational institution" means:
(i) the Montana university system; or
(ii) any other postsecondary school:
(A) accepting as a student an individual receiving student financial assistance; or
(B) accepting state funds.
(b) "Student financial assistance":
(i) means a grant, loan, or insurance on a loan, all or a part of which is provided by the state; and
(ii) includes money given or to be given pursuant to:
(A) the reimbursement for services provided to resident nonbeneficiary students provision in 20-25-428;
(B) the work-study program provided for in Title 20, chapter 25, part 7;
(C) the Montana resident student financial aid program provided for in Title 20, chapter 26, parts 1 and 2; or
(D) the guaranteed student loan program provided for in Title 20, chapter 26, part 11.
History: En. Sec. 2, Ch. 320, L. 2001; amd. Sec. 1, Ch. 286, L. 2015; amd. Sec. 1, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-231. Report to legislature

20-1-231. Report to legislature.
Representatives of the Great Falls school district, the Helena school district, and a member of the military, as specified by the adjutant general, shall provide, singly or jointly, a report in accordance with 5-11-210 to the education interim committee regarding the state's participation in the compact on educational opportunity for military children established in 20-1-230.
History: En. Sec. 2, Ch. 321, L. 2013; amd. Sec. 1, Ch. 277, L. 2015; amd. Sec. 47, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-233. Certain district policies prohibited

20-1-233. Certain district policies prohibited.
The trustees of a school district may not adopt a policy that subjects a student to disciplinary action for behavior that is not considered an unlawful discriminatory practice pursuant to 49-2-307(2), if the behavior does not rise to the definition of bullying as provided in 20-5-208.
History: En. Sec. 1, Ch. 256, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-301. School fiscal year

20-1-301. School fiscal year.
(1) The school fiscal year begins on July 1 and ends on June 30. At least the minimum aggregate hours required in subsection (2) must be conducted during each school fiscal year, except that 1,050 aggregate hours of pupil instruction for graduating seniors may be sufficient. The minimum aggregate hours required in subsection (2) are not required for any pupil demonstrating proficiency pursuant to 20-9-311(4)(d).
(2) The minimum aggregate hours required by grade are:
(a) 360 hours for a half-time kindergarten program or 720 hours for a full-time kindergarten program, as provided in 20-7-117;
(b) 720 hours for grades 1 through 3; and
(c) 1,080 hours for grades 4 through 12.
(3) Except for a circumstance related to an unforeseen emergency pursuant to Title 20, chapter 9, part 8, for any elementary or high school district that fails to provide for at least the minimum aggregate hours, as listed in subsections (1) and (2), to any pupil not demonstrating proficiency pursuant to 20-9-311(4)(d), the superintendent of public instruction shall reduce the BASE aid for the district for that school year by two times an hourly rate, as calculated by the office of public instruction, for the aggregate hours missed by each pupil not demonstrating proficiency pursuant to 20-9-311(4)(d).
History: En. 75-7402 by Sec. 366, Ch. 5, L. 1971; amd. Sec. 2, Ch. 373, L. 1974; R.C.M. 1947, 75-7402; amd. Sec. 6, Ch. 288, L. 1979; amd. Sec. 1, Ch. 148, L. 1981; amd. Sec. 1, Ch. 460, L. 1983; amd. Sec. 3, Ch. 22, L. 1997; amd. Sec. 110, Ch. 42, L. 1997; amd. Sec. 1, Ch. 430, L. 1997; amd. Sec. 5, Ch. 237, L. 2001; amd. Sec. 3, Ch. 138, L. 2005; amd. Sec. 9, Ch. 1, Sp. L. May 2007; amd. Sec. 1, Ch. 149, L. 2017; amd. Sec. 1, Ch. 151, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-302. School term, day, and week

20-1-302. School term, day, and week.
(1) Subject to 20-1-301, 20-1-308, and any applicable collective bargaining agreement covering the employment of affected employees, the trustees of a school district shall set the number of days in a school term, the length of the school day, and the number of school days in a school week and report them to the superintendent of public instruction.
(2) When proposing to adopt changes to a previously adopted school term, school week, or school day, the trustees shall:
(a) negotiate the changes with the recognized collective bargaining unit representing the employees affected by the changes;
(b) solicit input from the employees affected by the changes but not represented by a collective bargaining agreement; and
(c) solicit input from the people who live within the boundaries of the school district.
History: En. 75-7403 by Sec. 367, Ch. 5, L. 1971; amd. Sec. 1, Ch. 417, L. 1973; amd. Sec. 3, Ch. 373, L. 1974; amd. Sec. 1, Ch. 130, L. 1977; R.C.M. 1947, 75-7403; amd. Sec. 2, Ch. 430, L. 1997; amd. Sec. 4, Ch. 138, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-303. Conduct of school on Saturday or Sunday prohibited -- exceptions

20-1-303. Conduct of school on Saturday or Sunday prohibited -- exceptions.
(1) Except as provided in subsections (2) and (3), pupil instruction may not be conducted on Saturday or Sunday.
(2) In emergencies, including during reasonable efforts of the trustees to make up aggregate hours of instruction lost during a declaration of emergency by the trustees under 20-9-806, pupil instruction may be conducted on a Saturday when it is approved by the trustees of the school district.
(3) Pupil instruction may also be held on a Saturday at the discretion of a school district for the purpose of providing additional pupil instruction beyond the minimum aggregate hours of instruction required in 20-1-301, provided that student attendance is voluntary.
History: En. 75-7404 by Sec. 368, Ch. 5, L. 1971; R.C.M. 1947, 75-7404; amd. Sec. 1, Ch. 21, L. 2003; amd. Sec. 1, Ch. 193, L. 2011; amd. Sec. 2, Ch. 151, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-304. Pupil-instruction-related day

20-1-304. Pupil-instruction-related day.
A pupil-instruction-related day is a day of teacher activities devoted to improving the quality of instruction. The activities may include but are not limited to inservice training, attending state meetings of teacher organizations, and conducting parent conferences. A maximum of 7 pupil-instruction-related days may be conducted during a school year, with a minimum of 3 of the days for instructional and professional development meetings or other appropriate inservice training, if the days are planned in accordance with the policy adopted by the board of public education. The days may not be included as a part of the required minimum aggregate hours of pupil instruction.
History: En. 75-7405 by Sec. 369, Ch. 5, L. 1971; R.C.M. 1947, 75-7405; amd. Sec. 1, Ch. 638, L. 1989; amd. Sec. 3, Ch. 430, L. 1997; amd. Sec. 5, Ch. 138, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-305. School holidays

20-1-305. School holidays.
(1) Pupil instruction and pupil-instruction-related days shall not be conducted on the following holidays:
(a) New Year's Day (January 1);
(b) Memorial Day (last Monday in May);
(c) Independence Day (July 4);
(d) Labor Day (first Monday in September);
(e) Thanksgiving Day (fourth Thursday in November);
(f) Christmas Day (December 25);
(g) State and national election days when the school building is used as a polling place and the conduct of school would interfere with the election process at the polling place.
(2) When these holidays fall on Saturday or Sunday, the preceding Friday or the succeeding Monday shall not be a school holiday.
History: En. 75-7406 by Sec. 370, Ch. 5, L. 1971; amd. Sec. 1, Ch. 159, L. 1974; R.C.M. 1947, 75-7406.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-306. Commemorative exercises on certain days

20-1-306. Commemorative exercises on certain days.
(1) All districts shall conduct appropriate exercises during the school day on the following commemorative days:
(a) Lincoln's Birthday (February 12);
(b) Washington's Birthday (February 22);
(c) Arbor Day (last Friday in April);
(d) Flag Day (June 14);
(e) Citizenship Day (September 17);
(f) American Indian Heritage Day (fourth Friday in September);
(g) Columbus Day (October 12);
(h) Pioneer Day (November 1);
(i) other days designated by the legislature or governor as legal holidays.
(2) When these commemorative days fall on Saturday or Sunday, exercises may be conducted the preceding Friday.
History: En. 75-7407 by Sec. 371, Ch. 5, L. 1971; R.C.M. 1947, 75-7407; amd. Sec. 1, Ch. 202, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-307. Provisions of school code excepted

20-1-307. Provisions of school code excepted.
Nothing contained in 1-1-216 defining legal holidays shall be deemed to amend or change the provisions of 20-1-305 and 20-1-306, said sections being hereby expressly declared to define legal holidays for school purposes only.
History: En. Sec. 2, Ch. 21, L. 1921; re-en. Sec. 11, R.C.M. 1921; re-en. Sec. 11, R.C.M. 1935; amd. Sec. 1, Ch. 240, L. 1975; R.C.M. 19-108.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 3. School Terms and Holidays -- Released Time › 20-1-308. Religious instruction released time program

20-1-308. Religious instruction released time program.
(1) The trustees of a school district may provide for a religious instruction released time program under which a pupil may be released from regular school attendance for the purpose of receiving religious instruction upon written request, renewed at least annually, of the pupil's parent or guardian. The trustees shall determine the amount of time for which a pupil may be released for religious instruction.
(2) A religious instruction released time program may not be established or administered in such a way that public school property is utilized for the purpose of religious instruction.
(3) Public money may not be used, directly or indirectly, for the religious instruction.
(4) Any period for which a pupil is released under a religious instruction released time program is part of the school day and week for purposes of 20-1-301, 20-1-302, 20-5-103, 20-9-311, and all other provisions of Title 20, and the release may not adversely affect the pupil's attendance record.
History: En. 75-7403.1 by Sec. 2, Ch. 130, L. 1977; R.C.M. 1947, 75-7403.1; amd. Sec. 1, Ch. 84, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-401. Disaster drills to be conducted regularly -- districts to identify disaster risks and adopt school safety plan

20-1-401. Disaster drills to be conducted regularly -- districts to identify disaster risks and adopt school safety plan.
(1) As used in this part, "disaster" means the occurrence or imminent threat of damage, injury, or loss of life or property. Disaster drills must be conducted regularly in accordance with this part.
(2) A board of trustees shall identify the local hazards that exist within the boundaries of its school district and design and incorporate drills in its school safety plan or emergency operations plan to address those hazards.
(3) (a) A board of trustees shall adopt a school safety plan or emergency operations plan that addresses issues of school safety relating to school buildings and facilities, communications systems, and school grounds with the input from the local community and that addresses coordination with the county or regional interdisciplinary child information and school safety team provided for in 52-2-211. The trustees shall review the school safety plan or emergency operations plan at least annually and update the plan as determined necessary by the trustees based on changing circumstances pertaining to school safety.
(b) The school safety plan or emergency operations plan must include the following threat assessment practices:
(i) the adoption of a threat assessment protocol, outlining policies and procedures for implementation when there is notification of a student threat of harm to others or property; and
(ii) an identified threat assessment team, composed of key staff, that meets at least monthly and may include behavioral threat assessment addressing students in need of academic and behavioral supports or interventions.
(c) The trustees shall certify annually to the office of public instruction that the adopted school safety plan or emergency operations plan has been reviewed. Once the trustees have made the certification to the office of public instruction, the trustees may transfer funds pursuant to 20-9-236 to make improvements to school safety and security.
History: En. 75-8308.1 by Sec. 1, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.1; amd. Sec. 1, Ch. 423, L. 1997; amd. Sec. 2, Ch. 364, L. 2013; amd. Sec. 1, Ch. 323, L. 2015; amd. Sec. 1, Ch. 248, L. 2019; amd. Sec. 1, Ch. 348, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-402. Number of disaster drills required -- time of drills to vary

20-1-402. Number of disaster drills required -- time of drills to vary.
There must be at least eight disaster drills a year in a school. Drills must be held at different hours of the day or evening to avoid distinction between drills and actual disasters.
History: En. Sec. 2, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.2; amd. Sec. 2, Ch. 423, L. 1997; amd. Sec. 3, Ch. 364, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-403. Repealed

20-1-403. Repealed.
Sec. 5, Ch. 423, L. 1997.
History: En. Sec. 3, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.3.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-404. Drill to sound on disaster evacuation system -- recall signal to be distinct -- control of signal

20-1-404. Drill to sound on disaster evacuation system -- recall signal to be distinct -- control of signal.
(1) If a disaster drill is signaled, the signal must be sounded on the disaster alarm system and not on the signal system used to dismiss classes.
(2) The recall signal must be separate and distinct from any other signal. The recall signal may be given by distinctive colored flags or banners. If the recall signal is electrical, the push buttons or other controls must be kept under lock and the key kept in the possession of the principal or some other designated person in order to prevent a recall at a time when there is a disaster. Regardless of the method of recall, the means of giving the signal must be kept under lock.
History: En. Sec. 4, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.4; amd. Sec. 3, Ch. 423, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-405. Fire department to be called for actual fire

20-1-405. Fire department to be called for actual fire.
Whenever any of the school authorities determine that an actual fire exists, they shall immediately call the local fire department using the public fire alarm system or such other facilities as are available.
History: En. Sec. 5, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.5.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-406. Repealed

20-1-406. Repealed.
Sec. 5, Ch. 423, L. 1997.
History: En. Sec. 6, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.6.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-407. Inspection of exits -- cooperation with local authorities having jurisdiction in drills

20-1-407. Inspection of exits -- cooperation with local authorities having jurisdiction in drills.
It is the duty of the school authorities to inspect all exit facilities periodically in order to make sure that all stairways, doors, and other exits are in proper condition. School authorities shall cooperate with the local authorities having jurisdiction in conducting disaster drills.
History: En. Sec. 7, Ch. 424, L. 1973; R.C.M. 1947, 75-8308.7; amd. Sec. 4, Ch. 423, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 4. Disaster Drills › 20-1-408. Repealed

20-1-408. Repealed.
Sec. 11, Ch. 374, L. 2003.
History: En. 75-8310 by Sec. 494, Ch. 5, L. 1971; amd. Sec. 7, Ch. 234, L. 1977; R.C.M. 1947, 75-8310.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 5. Indian Education for All › 20-1-501. Recognition of American Indian cultural heritage -- legislative intent

20-1-501. Recognition of American Indian cultural heritage -- legislative intent.
(1) It is the constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American Indians and to be committed in its educational goals to the preservation of their cultural heritage.
(2) It is the intent of the legislature that in accordance with Article X, section 1(2), of the Montana constitution:
(a) every Montanan, whether Indian or non-Indian, learn about the distinct and unique heritage of American Indians in a culturally responsive manner; and
(b) every educational agency work cooperatively with Montana tribes or those tribes that are in close proximity, when providing instruction or when implementing an educational goal or adopting a rule related to the education of each Montana citizen, to include information specific to the cultural heritage and contemporary contributions of American Indians, with particular emphasis on Montana Indian tribal groups and governments.
(3) It is also the intent of this part, predicated on the belief that all school personnel should have an understanding and awareness of Indian tribes to help them relate effectively with Indian students and parents, that educational agencies provide means by which school personnel will gain an understanding of and appreciation for the American Indian people.
History: En. Sec. 1, Ch. 527, L. 1999; amd. Sec. 1, Ch. 718, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 5. Indian Education for All › 20-1-502. American Indian studies -- definitions

20-1-502. American Indian studies -- definitions.
As used in this part, the following definitions apply:
(1) "American Indian studies" means instruction pertaining to the history, traditions, customs, values, beliefs, ethics, language, and contemporary affairs of American Indians, particularly Indian tribal groups in Montana.
(2) "Educational agency" means:
(a) the Montana university system;
(b) professional educator preparation programs accredited by the board of public education;
(c) the board of public education;
(d) the office of public instruction; and
(e) school districts.
(3) "Instruction" means:
(a) a formal course of study or class, developed with the advice and assistance of Indian people, that is offered separately or that is integrated into existing accreditation standards by a unit of the university system or by an accredited tribal community college located in Montana, including a teacher education program within the university system or a tribal community college located in Montana, or by the board of trustees of a school district;
(b) inservice training developed by the superintendent of public instruction in cooperation with educators of Indian descent and made available to school districts;
(c) inservice training provided by a local board of trustees of a school district, which is developed and conducted in cooperation with tribal education departments, tribal community colleges, or other recognized Indian education resource specialists; or
(d) inservice training developed by professional education organizations or associations in cooperation with educators of Indian descent and made available to all certified and classified personnel.
History: En. Sec. 2, Ch. 527, L. 1999; amd. Sec. 2, Ch. 718, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 5. Indian Education for All › 20-1-503. Indian education for all

20-1-503. Indian education for all.
(1) Pursuant to this part and 20-9-329 and the definition of basic system of free quality public elementary and secondary schools under 20-9-309, the board of trustees of a school district shall require that all certified personnel and all students receive instruction in American Indian studies.
(2) Members of boards of trustees and all noncertified personnel in public school districts are encouraged to satisfy the requirements for instruction in American Indian studies.
(3) (a) Pursuant to Article X, section 1(2), of the Montana constitution, 20-1-501, 20-7-101, and 20-9-309, the board of public education shall incorporate the distinct and unique cultural heritage of Montana American Indians in the content standards that schools must implement as a requirement for school accreditation.
(b) The superintendent shall include representatives of Montana Indian tribes on negotiated rulemaking committees formed pursuant to 20-7-101 addressing the development or revision of content standards under subsection (3)(a).
History: En. Sec. 3, Ch. 527, L. 1999; amd. Sec. 3, Ch. 718, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 6. Montana Military Service Higher Education Act › 20-1-602. Purpose

20-1-602. Purpose.
The purpose of this part is to protect the educational rights of members of the reserve armed forces of the United States and of the Montana national guard who are students at a Montana educational institution and whose education is interrupted by mandatory mobilization to active duty.
History: En. Sec. 2, Ch. 270, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 6. Montana Military Service Higher Education Act › 20-1-603. Definitions

20-1-603. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Active duty" means federally funded duty performed pursuant to orders issued under Title 10 or Title 32 of the United States Code, state active duty performed pursuant to Article VI, section 13, of the Montana constitution, or state duty for special work performed pursuant to 10-1-505.
(b) The term does not include active duty for regularly scheduled weekend or annual training or active duty ordered by request of the service member.
(2) "Educational institution" means an institution of higher education under the jurisdiction of the board of regents.
(3) "Eligible student" means a member of a reserve component of the United States armed forces as defined in 38 U.S.C. 101, or of the Montana national guard as defined in 10-1-101.
(4) "Same academic status" means the same:
(a) certificate or degree program; and
(b) standing or progress within a certificate or degree program.
History: En. Sec. 3, Ch. 270, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 6. Montana Military Service Higher Education Act › 20-1-604. Student rights

20-1-604. Student rights.
(1) An eligible student may not be denied admission or readmission to an educational institution on the basis of the student's membership in the reserve component of the United States armed forces or in the Montana national guard.
(2) If an eligible student is ordered to active duty while enrolled in one or more courses at an educational institution, the faculty shall, when consistent with accreditation requirements:
(a) assign a final passing grade in the course if, in the faculty's judgment, enough of the course requirements have been completed;
(b) assign an incomplete in the course and extend the period of time in which the student may complete course requirements; or
(c) allow the student to withdraw from the course and receive financial credit as provided in 20-1-605.
(3) If an eligible student reenrolls in one or more courses at an educational institution within 12 months after returning from the active duty that interrupted the student's previous enrollment at the institution, the student must, to the extent possible, be readmitted with the same academic status that the student had when ordered to active duty, unless the student requests or agrees to admission with a different academic status.
History: En. Sec. 4, Ch. 270, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 6. Montana Military Service Higher Education Act › 20-1-605. Financial credit -- readmission fees prohibited -- refund

20-1-605. Financial credit -- readmission fees prohibited -- refund.
(1) Except as provided in subsection (2):
(a) if an eligible student reenrolls at an educational institution within 12 months after returning from the active duty that interrupted the student's previous enrollment at the institution, the student must receive financial credit for the amount of tuition and fees previously paid by or on behalf of the student for any course or courses the student withdrew from pursuant to 20-1-604;
(b) the student must be allowed to apply the amount of the financial credit toward any tuition and fees charged for courses the student enrolls in after being readmitted to the institution;
(c) the student may not be charged any readmission fees;
(d) if a student does not reenroll within the timeframe required under subsection (1)(a) due to an illness or injury, including posttraumatic stress disorder, documented by a licensed physician and incurred while performing the active duty, the student is entitled to a refund of the amount of the tuition and fees previously paid by or on behalf of the student for any course or courses the student withdrew from pursuant to 20-1-604.
(2) If the provisions of subsection (1) are inconsistent with the requirements of a financial aid provider, the higher education institution must provide the student with the greatest benefit allowable under the requirements of the provider.
History: En. Sec. 5, Ch. 270, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 6. Montana Military Service Higher Education Act › 20-1-606. Policy to ensure student protections

20-1-606. Policy to ensure student protections.
The commissioner of higher education may develop a policy for action by the board of regents that is consistent with the goals and steps in this part to ensure academic protections for students called to active duty.
History: En. Sec. 6, Ch. 270, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-101. Combined boards as state board -- budget review -- officers -- meetings -- quorum

20-2-101. Combined boards as state board -- budget review -- officers -- meetings -- quorum.
(1) The board of public education and the board of regents meeting together as the state board of education shall be responsible for long-range planning and for coordinating and evaluating policies and programs for the public educational systems of the state. The state board of education shall review and unify the budget requests of educational entities assigned by law to the board of public education, the board of regents, or the state board of education and shall submit a unified budget request with recommendations to the appropriate state agency.
(2) The governor is the president of, the superintendent of public instruction is the secretary to, and the commissioner shall be a nonvoting participant at all meetings of the state board of education.
(3) The state board of education may select a member to chair its meetings in the absence of the governor.
(4) A tie vote at any meeting may be broken by the governor.
(5) A majority of members appointed to the board of public education and the board of regents shall constitute a quorum for transaction of business as the state board of education.
(6) The board of public education and the board of regents shall meet at least once yearly as the state board of education.
(7) Other meetings of the state board of education may be called by the governor, by both the secretary to the board of public education and the secretary to the board of regents, or by joint action of eight appointed members, four each from the board of public education and the board of regents. All meetings of the state board of education shall be for the purposes set forth in subsection (1) above or for the purpose of considering other matters of common concern to the board of public education and the board of regents, but the state board of education may not exercise the powers and duties assigned by the 1972 Montana constitution and by law to the board of public education and the board of regents.
History: En. Sec. 7, Ch. 344, L. 1973; R.C.M. 1947, 75-5615; amd. Sec. 2, Ch. 21, L. 1985; amd. Sec. 1, Ch. 112, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-111. Officers of boards -- quorum

20-2-111. Officers of boards -- quorum.
(1) The board of public education and the board of regents may each select a presiding officer from among their appointed members.
(2) The executive secretary shall serve as secretary to the board of public education, and the commissioner of higher education serves as secretary to the board of regents.
(3) A majority of the appointed members of each board constitutes a quorum for the transaction of business.
(4) The executive secretary shall serve as a liaison between the board of public education and the superintendent of public instruction and shall carry out other duties as assigned by the board of public education.
History: En. Sec. 4, Ch. 344, L. 1973; amd. Sec. 2, Ch. 268, L. 1977; R.C.M. 1947, 75-5612; amd. Sec. 3, Ch. 21, L. 1985; amd. Sec. 267, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-112. Quarterly meetings of boards -- called meetings -- notice of meetings

20-2-112. Quarterly meetings of boards -- called meetings -- notice of meetings.
(1) The board of public education and the board of regents shall meet at least quarterly.
(2) Other meetings of either board may be called by the governor, by the presiding officer, by the secretary, or by four appointed members.
(3) The secretary to each board shall mail notice to each member at least 7 days in advance of all meetings of the respective board.
History: En. Sec. 5, Ch. 344, L. 1973; R.C.M. 1947, 75-5613; amd. Sec. 4, Ch. 21, L. 1985; amd. Sec. 268, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-113. Per diem of board members -- expenses

20-2-113. Per diem of board members -- expenses.
Appointed members of the board of public education and the board of regents shall be compensated and receive travel expenses as provided for in 2-15-124 for each day in attendance at board meetings or in the performance of any duty or service as a board member.
History: En. Sec. 6, Ch. 344, L. 1973; amd. Sec. 50, Ch. 439, L. 1975; R.C.M. 1947, 75-5614; amd. Sec. 6, Ch. 650, L. 1985.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-114. Adoption of rules -- seal -- record of proceedings

20-2-114. Adoption of rules -- seal -- record of proceedings.
The board of public education, the board of regents, and the state board of education each shall:
(1) adopt rules consistent with the constitution or laws of the state of Montana necessary for its own government or the proper execution of the powers and duties conferred upon it by law;
(2) adopt and use an official seal to authenticate its official acts; and
(3) keep a record of its proceedings.
History: En. Sec. 8, Ch. 344, L. 1973; R.C.M. 1947, 75-5616.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-115. Repealed

20-2-115. Repealed.
Sec. 6, Ch. 208, L. 2005.
History: En. Sec. 1, Ch. 691, L. 1985; amd. Sec. 1, Ch. 395, L. 1987; amd. Sec. 55, Ch. 633, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-121. Board of public education -- powers and duties

20-2-121. Board of public education -- powers and duties.
The board of public education shall:
(1) effect an orderly and uniform system for teacher certification and specialist certification and for the issuance of an emergency authorization of employment by adopting the policies prescribed by 20-4-102 and 20-4-111;
(2) consider the suspension or revocation of teacher or specialist certificates and appeals from the denial of teacher or specialist certification in accordance with the provisions of 20-4-110;
(3) administer and order the distribution of BASE aid in accordance with the provisions of 20-9-344;
(4) adopt and enforce policies to provide uniform standards and regulations for the design, construction, and operation of school buses in accordance with the provisions of 20-10-111;
(5) adopt policies prescribing the conditions when school may be conducted on Saturday and the types of pupil-instruction-related days and approval procedure for those days in accordance with the provisions of 20-1-303 and 20-1-304;
(6) adopt standards of accreditation and establish the accreditation status of every school in accordance with the provisions of 20-7-101 and 20-7-102;
(7) approve or disapprove educational media selected by the superintendent of public instruction for the educational media library in accordance with the provisions of 20-7-201;
(8) adopt policies for the conduct of special education in accordance with the provisions of 20-7-402;
(9) adopt rules for issuance of documents certifying equivalency of completion of secondary education in accordance with 20-7-131;
(10) adopt policies for the conduct of programs for gifted and talented children in accordance with the provisions of 20-7-903 and 20-7-904;
(11) adopt rules for student assessment in the public schools; and
(12) perform any other duty prescribed from time to time by this title or any other act of the legislature.
History: En. 75-5607 by Sec. 8, Ch. 5, L. 1971; (amd. Sec. 15, Ch. 434, L. 1975 -- [unconstitutional, 167 M 261]; Sec. 15, Ch. 434, L. 1975 repealed by Sec. 1, Ch. 4, L. 1977); amd. Sec. 1, Ch. 266, L. 1977; R.C.M. 1947, 75-5607; amd. Sec. 1, Ch. 511, L. 1979; amd. Sec. 9, Ch. 598, L. 1979; amd. Sec. 1, Ch. 94, L. 1983; amd. Sec. 1, Ch. 312, L. 1983; amd. Sec. 1, Ch. 377, L. 1987; amd. Sec. 40, Ch. 633, L. 1993; amd. Sec. 7, Ch. 138, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-122. Executive secretary to board of public education -- staff

20-2-122. Executive secretary to board of public education -- staff.
The board of public education may:
(1) appoint an executive secretary and employ other persons within legislatively authorized appropriations;
(2) prescribe the term, duties, and compensation of its executive secretary;
(3) provide office space for its staff to carry out its duties.
History: En. 75-5607.2 by Sec. 1, Ch. 268, L. 1977; R.C.M. 1947, 75-5607.2; amd. Sec. 1, Ch. 405, L. 1983.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 1. State Board of Education -- Board of Public Education -- Board of Regents › 20-2-131. Commissioner of higher education -- duties -- compensation -- staff

20-2-131. Commissioner of higher education -- duties -- compensation -- staff.
(1) The board of regents shall prescribe the duties of the commissioner of higher education and shall set the commissioner's compensation.
(2) The board of regents shall provide sufficient staff and office space to the commissioner for carrying out the commissioner's duties.
History: En. Sec. 3, Ch. 344, L. 1973; R.C.M. 1947, 75-5611(2), (3); amd. Sec. 269, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 4. Commission on Federal Higher Education Programs › 20-2-401. Definition

20-2-401. Definition.
Unless the context requires otherwise, in this part "commission" means the commission on federal higher education programs provided for in 2-15-1515.
History: En. 75-9002 by Sec. 2, Ch. 220, L. 1974; R.C.M. 1947, 75-9302.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 4. Commission on Federal Higher Education Programs › 20-2-402. Purpose

20-2-402. Purpose.
It is the purpose of this part to promote the education and welfare of the people of this state by creating an agency which meets the requirements of federal law to cooperate with the federal government in the establishment and administration of programs for higher education provided for by the congress of the United States.
History: En. 75-9001 by Sec. 1, Ch. 220, L. 1974; R.C.M. 1947, 75-9301.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 4. Commission on Federal Higher Education Programs › 20-2-403. Duties

20-2-403. Duties.
The commission shall:
(1) administer state plans under Title I of the federal Higher Education Facilities Act of 1963, Public Law 88-204, as amended by Public Law 89-329;
(2) administer state plans under Title VI of the federal Higher Education Act of 1965, Public Law 89-329;
(3) administer state plans under Title I of the federal Higher Education Act of 1965; and
(4) administer other state plans under federal funding and grant programs which may be assigned by the governor or the legislature except those pertaining to the duties of the superintendent of public instruction and the board of public education.
History: En. 75-9003 by Sec. 4, Ch. 220, L. 1974; R.C.M. 1947, 75-9303.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 5. Compact for Education › 20-2-502. Appointment of commissioners to the education commission of the states

20-2-502. Appointment of commissioners to the education commission of the states.
(1) The seven members of the education commission of the states representing Montana are:
(a) the governor;
(b) one senator appointed by the committee on committees;
(c) one representative appointed by the speaker of the house;
(d) the superintendent of public instruction; and
(e) three persons appointed by the governor, including:
(i) one educator engaged in the field of higher education; and
(ii) two educators engaged in the field of K-12 education.
(2) The term of each commissioner appointed by the legislature is 4 years, and legislators shall serve until the expiration of their appointments, even though their legislative terms may have ended. The commissioners appointed by the governor shall serve at the pleasure of the governor.
History: En. Sec. 2, Ch. 273, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 5. Compact for Education › 20-2-503. State obligations or rights under compact not altered

20-2-503. State obligations or rights under compact not altered.
The provisions of this part may not be construed to alter any of the obligations or restrict or impair any rights that this state may have under the compact.
History: En. Sec. 3, Ch. 273, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 5. Compact for Education › 20-2-504. Bylaws filed

20-2-504. Bylaws filed.
Pursuant to Article III(9) of 20-2-501, the commission shall file a copy of its bylaws and amendments to the bylaws with the secretary of state.
History: En. Sec. 4, Ch. 273, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 2. State Boards and Commissions › Part 5. Compact for Education › 20-2-505. Limitation on power -- adoption of rules

20-2-505. Limitation on power -- adoption of rules.
(1) The provisions of this part may not be construed to bind or obligate the state of Montana to enact any new legislation or to amend any current laws pertaining to the administration and financing of education in Montana.
(2) The superintendent of public instruction may adopt rules that incorporate by reference the bylaws and any amendments to the bylaws provided for in Article III(9) of 20-2-501.
History: En. Sec. 5, Ch. 273, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-101. Election and qualifications

20-3-101. Election and qualifications.
(1) A superintendent of public instruction for the state of Montana must be elected by the qualified electors of the state at the general election preceding the expiration of the term of office of the incumbent.
(2) A person is qualified to assume the office of superintendent of public instruction who:
(a) is 25 years of age or older at the time of election;
(b) has resided within the state for the 2 years preceding the election;
(c) holds at least a bachelor's degree from an accredited college or university; and
(d) otherwise possesses the qualifications for office that are required by The Constitution of the State of Montana.
History: En. 75-5702 by Sec. 11, Ch. 5, L. 1971; amd. Sec. 1, Ch. 17, L. 1973; R.C.M. 1947, 75-5702; amd. Sec. 270, Ch. 56, L. 2009; amd. Sec. 1, Ch. 168, L. 2023.