reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-322. Meetings and quorum

20-3-322. Meetings and quorum.
(1) The trustees of a district shall hold at least the following number of regular meetings:
(a) an organization meeting, as prescribed by 20-3-321;
(b) a final budget meeting, as prescribed by 20-9-131; and
(c) (i) in first-class elementary districts, not less than one regular meeting each month; or
(ii) in any other district, regular meetings at least quarterly.
(2) The trustees shall provide advance notice for the meeting in compliance with 2-3-103 and shall provide an agenda to the public in advance of the meeting.
(3) (a) The trustees of the district shall adopt a policy setting the day and time for the minimum number of regular school meetings prescribed in subsection (1)(c)(i) or (1)(c)(ii) and, in addition, any other regular meeting days the trustees wish to establish. Except for an unforeseen emergency or as provided in subsection (3)(b), meetings must be conducted in school buildings or, upon the unanimous vote of the trustees, in a publicly accessible building located within the district.
(b) This section does not prohibit the trustees from meeting outside the boundaries of the school district for collaboration or cooperation on educational issues with other school boards, educational agencies, or cooperatives. Decisionmaking may occur only at a properly noticed meeting held within the school district's boundaries.
(4) Special meetings of the trustees may be called by the presiding officer or any two members of the trustees by giving each member a 48-hour written notice of the meeting, except that the 48-hour notice is waived in an unforeseen emergency or to consider a violation of the student code of conduct, as defined in accordance with district policy, within a week of graduation.
(5) Business may not be transacted by the trustees of a district unless it is transacted at a regular meeting or a properly called special meeting. A quorum for any meeting is a majority of the trustees' membership. All trustee meetings must be public meetings, as prescribed by 2-3-201, except that the trustees may recess to an executive session under the provisions of 2-3-203.
(6) For the purposes of this section, "unforeseen emergency" means a storm, fire, explosion, community disaster, insurrection, act of God, or other unforeseen destruction or impairment of school district property that affects the health and safety of the trustees, students, or district employees or the educational functions of the district.
History: En. 75-5930 by Sec. 59, Ch. 5, L. 1971; R.C.M. 1947, 75-5930; amd. Sec. 2, Ch. 154, L. 1991; amd. Sec. 1, Ch. 50, L. 1993; amd. Sec. 1, Ch. 211, L. 1997; amd. Sec. 1, Ch. 467, L. 1999; amd. Sec. 1, Ch. 86, L. 2003; amd. Sec. 1, Ch. 438, L. 2005; amd. Sec. 1, Ch. 444, L. 2009; amd. Sec. 7, Ch. 396, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-323. District policy and record of acts

20-3-323. District policy and record of acts.
(1) The trustees of each district shall prescribe and enforce policies for the government of the district. In order to provide a comprehensive system of governing the district, the trustees shall:
(a) adopt the policies required by this title;
(b) adopt policies to implement or administer the requirements of the general law, this title, the policies of the board of public education, and the rules of the superintendent of public instruction; and
(c) adopt a grievance policy that provides for informal and formal resolutions of a complaint, informs a grievant about the grievance policy, provides a printed version of the grievance policy on request, and accepts for filing a formal complaint submitted within 30 days of the completion of an informal resolution.
(2) The trustees shall keep a full and permanent record of all adopted policies and all other acts of the trustees. Minutes of each regular and special board meeting shall include wording of motions, voting records of each trustee present, and all other pertinent information, including a detailed statement of all expenditures of money with the name of any person or business to whom payment is made and showing the service rendered or goods furnished. A written copy of the minutes shall be made available within 5 working days following the approval of the minutes by the board at a cost of no more than 15 cents a page to be paid by those who request such a copy. One free copy of the minutes shall be provided to the local press within 5 working days following the approval of the minutes by the board. The board shall approve the minutes of each special and regular meeting no later than 1 month following the meeting if it meets on a regular monthly basis. If a board does not regularly meet on a monthly basis, it shall approve the minutes of each special and regular meeting at the next regular or special meeting. The approval of the minutes of a prior meeting shall not occur more than 40 days after the meeting, except that no board shall be required to meet to approve the minutes of a meeting at which no substantive business was conducted.
History: En. 75-5932 by Sec. 61, Ch. 5, L. 1971; amd. Sec. 1, Ch. 192, L. 1975; amd. Sec. 6, Ch. 266, L. 1977; R.C.M. 1947, 75-5932; amd. Sec. 1, Ch. 360, L. 1979; amd. Sec. 1, Ch. 305, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-325. Clerk of district

20-3-325. Clerk of district.
(1) As provided in 20-3-321, the trustees shall employ and appoint a clerk of the district. The clerk of the district shall attend all meetings of the trustees to keep an accurate and permanent record of all the proceedings of each meeting. If the clerk is not present at a meeting, the trustees must have one of their members or a district employee act as clerk for the meeting, and that person shall supply the clerk with a certified copy of the proceedings. The clerk of the district must be the custodian of all documents, records, and reports of the trustees. Unless the trustees provide otherwise, the clerk shall:
(a) keep an accurate and detailed accounting record of all receipts and expenditures of the district in accordance with the financial administration provisions of this title; and
(b) prepare the annual trustees' report required under the provisions of 20-9-213.
(2) The clerk of the district shall provide the county treasurer with a minimum of 30 hours' notice in advance of cash demands to meet payrolls, claims, and electronic transfers that are in excess of $50,000. If the clerk of the district fails to provide the required 30-hour notice, the district must be assessed a fee equal to any charges demanded by the state investment pool or other permissible investment manager for improperly noticed withdrawal of funds.
History: En. 75-5935 by Sec. 64, Ch. 5, L. 1971; amd. Sec. 7, Ch. 266, L. 1977; R.C.M. 1947, 75-5935; amd. Sec. 1, Ch. 196, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-330. District self-funded health benefit plan reserve funds -- exception for dissolution of plan

20-3-330. District self-funded health benefit plan reserve funds -- exception for dissolution of plan.
(1) Except as provided in subsection (2), the trustees of a school district with a self-insured health benefit plan holding reserve funds shall use these funds to pay claims and other liabilities of the district's health benefit plan.
(2) Upon dissolution of a district's self-insured health benefit plan, all remaining reserves must be maintained by the district under the provisions of 20-3-331 and must be used to pay for employee benefit costs as determined by a collective bargaining agreement or an employer policy or as required by applicable state or federal law.
History: En. Sec. 1, Ch. 324, L. 2007.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-331. Purchase of insurance -- self-insurance plan

20-3-331. Purchase of insurance -- self-insurance plan.
(1) To provide the district, trustees, and employees with liability insurance pursuant to 2-9-211 and group health and life insurance pursuant to 2-18-702, the trustees of a district may:
(a) purchase insurance coverage;
(b) participate in a district health insurance trust as defined in 20-3-366 for group health insurance; or
(c) establish a self-insurance plan for the district, trustees, and employees for liability as provided in 2-9-211 and for group health and life insurance as provided in 2-18-702.
(2) The trustees shall include the cost of coverage in the district's general fund or in any other legally available fund, including the internal service fund referenced in subsection (3).
(3) Whenever the trustees of a district establish a self-insurance plan or participate in a district health insurance trust as defined in 20-3-366, the trustees shall establish an internal service fund to account for the activities of the self-insurance plan.
History: En. 75-5939 by Sec. 68, Ch. 5, L. 1971; R.C.M. 1947, 75-5939; amd. Sec. 3, Ch. 425, L. 1979; amd. Sec. 73, Ch. 575, L. 1981; amd. Sec. 1, Ch. 15, L. 1985; amd. Sec. 2, Ch. 299, L. 1985; amd. Sec. 10, Ch. 11, Sp. L. June 1989; amd. Sec. 2, Ch. 568, L. 1991; amd. Sec. 7, Ch. 770, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-332. Personal immunity of trustees

20-3-332. Personal immunity of trustees.
(1) When acting in their official capacity at a regular or special meeting of the board or a committee of the board, the trustees of each district are individually immune from suit for damages, as provided in 2-9-305.
(2) The trustees of each district are responsible for the proper administration and use of all money of the district in accordance with the provisions of law and this title. Failure or refusal to do so constitutes grounds for removal from office.
(3) An additional trustee, as provided for in 20-3-352(2), who is chosen as a nonvoting presiding officer of the board of trustees of an elementary district is entitled to all of the immunization, defenses, and indemnifications described in subsection (1) of this section.
History: En. 75-5941 by Sec. 70, Ch. 5, L. 1971; amd. Sec. 2, Ch. 91, L. 1973; R.C.M. 1947, 75-5941; amd. Sec. 1, Ch. 479, L. 1983; amd. Sec. 1, Ch. 310, L. 1999; amd. Sec. 1, Ch. 343, L. 2007; amd. Sec. 2, Ch. 14, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-333. Repealed

20-3-333. Repealed.
Sec. 14, Ch. 309, L. 1981.
History: En. 75-6309 by Sec. 122, Ch. 5, L. 1971; R.C.M. 1947, 75-6309(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-336. Single-member trustee districts -- legislative intent -- minority defined

20-3-336. Single-member trustee districts -- legislative intent -- minority defined.
(1) It is the intent of the legislature to provide a board of trustees of a school district with the option to:
(a) review the voting and population patterns of minorities of the school district, as determined by the most recent federal decennial census, voting records, and other pertinent information; and
(b) create single-member trustee districts within the school district:
(i) if the board determines that the present trustee selection process does not serve the best interests of the electors of the district or ensure that the access of minority populations to the political process is not diluted in contravention of federal law; or
(ii) pursuant to a petition as provided in 20-3-337.
(2) "Minority", as used in 20-3-337 and this section, means a minority whose rights are protected under section 2 of the Voting Rights Act of 1965, 52 U.S.C. 10301, as amended.
History: En. Sec. 1, Ch. 539, L. 1987; amd. Sec. 1, Ch. 548, L. 2001; amd. Sec. 6, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-338. Trustees elected by single-member district

20-3-338. Trustees elected by single-member district.
(1) At each regular school election, each trustee candidate in a single-member trustee district must be a qualified elector of the trustee district and have resided in the trustee district to be represented for at least 1 year prior to becoming a candidate for the trustee position.
(2) The election of each trustee must be submitted to the electors in the trustee district who are qualified to vote under the provisions of 20-20-301.
History: En. Sec. 3, Ch. 539, L. 1987; amd. Sec. 207, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-341. Number of trustee positions in elementary districts -- transition

20-3-341. Number of trustee positions in elementary districts -- transition.
The number of trustee positions in each elementary district shall vary according to the district's classification, as established by 20-6-201:
(1) There must be seven trustee positions in a first-class elementary district.
(2) There must be five trustee positions in a second-class elementary district; however, on a majority vote of the board of trustees, the number may be increased to seven trustee positions at the next trustee election if notice of the action of the board of trustees is published by the clerk of the district in a newspaper of general circulation in the county prior to January 1 of the year of the trustee election. The board of trustees may reduce the number of trustee positions from seven to five upon receiving a petition for that purpose from at least 10 qualified electors of the district.
(3) There must be three trustee positions in a third-class elementary district; however, on a majority vote of the board of trustees, the number may be increased to five trustee positions at the next trustee election if notice of the action of the board of trustees is published by the clerk of the district in a newspaper of general circulation in the county prior to January 1 of the year of the trustee election. The board of trustees may reduce the number of trustee positions from five to three upon receiving a petition for that purpose from at least 10 qualified electors of the district.
(4) (a) If the number of trustee positions in a second-class elementary district is decreased from seven to five in accordance with the provisions of subsection (2), one position is eliminated at the time of the first subsequent regular school election and one position is eliminated at the next regular school election.
(b) If the number of trustee positions in a third-class elementary district is decreased from five to three in accordance with the provisions of subsection (3), one position is eliminated at the time of the first subsequent school election when two trustee positions would have been filled and one position is eliminated at the next school election when two trustee positions would have been filled.
History: En. 75-5902 by Sec. 31, Ch. 5, L. 1971; amd. Sec. 1, Ch. 103, L. 1975; R.C.M. 1947, 75-5902(1); amd. Sec. 1, Ch. 591, L. 1989; (4)En. Sec. 2, Ch. 591, L. 1989; amd. Sec. 1, Ch. 45, L. 1993; amd. Sec. 208, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-342. Determination of terms after consolidation of elementary districts

20-3-342. Determination of terms after consolidation of elementary districts.
Whenever the trustees are elected at one regular school election under the circumstances described in 20-3-302(2)(a), the members who are elected shall draw by lot to determine their terms of office. The terms of office by trustee position must be:
(1) three for 3 years, two for 2 years, and two for 1 year in a first-class elementary district;
(2) two for 3 years, two for 2 years, and one for 1 year in second-class elementary districts and third-class elementary districts having five trustee positions; or
(3) one for 3 years, one for 2 years, and one for 1 year in a third-class elementary district having three trustee positions.
History: En. 75-5908 by Sec. 37, Ch. 5, L. 1971; amd. Sec. 3, Ch. 103, L. 1975; R.C.M. 1947, 75-5908; amd. Sec. 8, Ch. 219, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-343. Determination of terms after change of district classification

20-3-343. Determination of terms after change of district classification.
Whenever the change of an elementary district classification requires the addition of trustee positions to the trustees of the district under the circumstance described in 20-3-302(2)(c), the members who are elected shall draw by lot to determine their terms of office, which must be one for 3 years and one for 2 years.
History: En. 75-5910 by Sec. 39, Ch. 5, L. 1971; R.C.M. 1947, 75-5910; amd. Sec. 9, Ch. 219, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-344. Repealed

20-3-344. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. 75-5914.1 by Sec. 1, Ch. 165, L. 1973; R.C.M. 1947, 75-5914.1; amd. Sec. 5, Ch. 539, L. 1987; amd. Sec. 282, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-351. Number of trustee positions in high school districts

20-3-351. Number of trustee positions in high school districts.
(1) Except as provided in 20-3-352(3) and subsection (2) of this section, the trustees of a high school district must be composed of:
(a) the trustees of the elementary district in which the high school building is located or, if there is more than one elementary district in which the operating high school buildings are located, the trustees of the elementary district in which the operating high school building that was first constructed is located; and
(b) the additional trustee positions determined in accordance with 20-3-352(2).
(2) There must be seven trustee positions for each county high school.
(3) An additional trustee may be elected as the presiding officer of a high school district but may not vote on issues pertaining only to the elementary district. The additional trustee, as the presiding officer of the board, has all other powers, protections, and obligations of a presiding officer of an elementary district, including those under 2-3-203.
History: En. 75-5902 by Sec. 31, Ch. 5, L. 1971; amd. Sec. 1, Ch. 103, L. 1975; R.C.M. 1947, 75-5902(2), (3); amd. Sec. 3, Ch. 528, L. 1991; amd. Sec. 10, Ch. 219, L. 1997; amd. Sec. 1, Ch. 91, L. 2005; amd. Sec. 3, Ch. 14, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-353. Establishment and purpose of trustee nominating districts

20-3-353. Establishment and purpose of trustee nominating districts.
(1) After the county superintendent has determined the number of additional trustee positions, the county superintendent shall establish trustee nominating districts in that portion of the high school district without representation on the high school trustees. There must be one trustee nominating district for each additional trustee position, except the additional trustee-at-large. Unless it is impossible, the trustee nominating district boundaries must be coterminous with elementary district boundaries.
(2) The purpose of the trustee nominating district is to establish a representative district for the nomination and election of a resident of the district to be an additional member of the trustees of a high school district. The electors qualified to vote in the high school district under the provisions of 20-20-301 and who reside in the trustee nominating district are the only electors who may vote for the additional trustee representing the district. They must also be permitted to vote for a trustee position at large, if there is one, but not for any other high school trustee position.
(3) Any additional trustee position established under the provisions of this section must be filled in a manner prescribed under the provisions of 20-3-309. Each additional trustee position filled by appointment under this section is subject to election at the next regular school election.
History: En. 75-5904 by Sec. 33, Ch. 5, L. 1971; R.C.M. 1947, 75-5904; amd. Sec. 283, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-354. Redetermination of additional trustee positions and subsequent adjustments

20-3-354. Redetermination of additional trustee positions and subsequent adjustments.
Whenever there is a revision of the taxable valuation of the high school district or the elementary districts within the high school district or there is a reclassification of the elementary district that has its trustees placed on the high school district board of trustees, the county superintendent shall redetermine the number of additional trustee positions for the high school district in accordance with 20-3-352. If there is a change in the allowable number of additional trustee positions, the county superintendent shall reestablish the trustee nominating districts in accordance with 20-3-353. If the number of additional trustee positions is less than the previous number of positions, the county superintendent shall designate which present additional positions are to terminate upon the order reestablishing the trustee nominating districts. If the number of additional trustee positions is more than the previous number of positions, the additional trustee positions must be filled in the manner prescribed under the provisions of 20-3-309. Each additional trustee position filled by appointment under this section is subject to election at the next regular school election.
History: En. 75-5905 by Sec. 34, Ch. 5, L. 1971; R.C.M. 1947, 75-5905; amd. Sec. 2, Ch. 384, L. 1979; amd. Sec. 284, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-355. Determination of terms after establishment or reestablishment of additional trustee positions

20-3-355. Determination of terms after establishment or reestablishment of additional trustee positions.
(1) Whenever all of the additional trustee positions are subject to election at one regular school election under the circumstance described in 20-3-302(2)(b), the members who are elected shall draw by lot to determine their terms of office. The terms of office by number of members elected must be:
(a) two for 3 years, if four are elected;
(b) one for 3 years, if one, two, or three are elected;
(c) one for 2 years, if two, three, or four are elected; and
(d) one for 1 year, if three or four are elected.
(2) Whenever the reestablishment of the additional trustee positions for a high school district under the provisions of 20-3-354 results in an increased number of additional trustee positions, the members who are elected at the next regular school election shall draw by lot to determine their terms of office and the terms must be determined in accordance with the additional trustee terms prescribed in this section.
History: En. 75-5909 by Sec. 38, Ch. 5, L. 1971; R.C.M. 1947, 75-5909; amd. Sec. 12, Ch. 219, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-356. Membership of elected trustees of county high school district and nomination of candidates

20-3-356. Membership of elected trustees of county high school district and nomination of candidates.
(1) The trustees of a county high school district must include the following:
(a) four trustee positions filled by members residing in the elementary district where the county high school building is located; and
(b) three trustee positions filled by members one of whom resides in each of the three trustee nominating districts in the territory of the high school district outside of the elementary district where the county high school building is located. The county superintendent shall establish the nominating districts, and, unless it is impossible, the districts must have coterminous boundaries with elementary district boundaries.
(2) The provisions of 20-3-305 govern the nomination of candidates for the trustee election prescribed in this section.
History: En. 75-5924 by Sec. 53, Ch. 5, L. 1971; amd. Sec. 4, Ch. 122, L. 1975; R.C.M. 1947, 75-5924; amd. Sec. 13, Ch. 219, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-361. Joint board of trustees organization and voting membership

20-3-361. Joint board of trustees organization and voting membership.
(1) The board of trustees of two or more school districts may form a joint board of trustees for the purpose of coordinating any educational program or support service of the districts. A joint board of trustees may coordinate only those programs and services agreed to by the participating boards of trustees.
(2) When a joint board of trustees is formed, all of the members of the districts' trustees must be members of the joint board of trustees and each member must have the right to participate in the meetings, but voting on matters considered by the joint board is limited by the provisions of this section.
(3) At the first meeting of the joint board of trustees, a presiding officer of the joint board of trustees must be selected from among the membership. A secretary of the joint board must be selected from the membership. The presiding officer, when selected as a voting member, may not be disqualified from voting because of the position. The secretary may not be a voting member except that the secretary shall cast the deciding vote when three successive ballots have resulted in a tie vote of the joint board of trustees.
(4) The voting membership of the joint board of trustees must be equalized among the trustee membership of the participating districts. After the selection of the presiding officer and the secretary, if necessary, the voting membership is:
(a) all of the membership of the board of trustees of the smallest class of district, according to 20-6-201 or 20-6-301, unless one of its members is selected as secretary, in which case that member may not be a voting member; and
(b) the members of the board of trustees of the other district or districts who are selected by the trustees as voting members of the joint board in a number equal to the number of voting members of the district as established under subsection (4)(a). The names of the voting membership selected by the trustees must be submitted in writing to the secretary of the board and are the only members of the district's trustees eligible to vote on joint board matters unless the list is revised in writing by the trustees.
(5) Each voting member is entitled to cast one vote, individually, upon every matter submitted to the joint board for a vote.
(6) A joint board shall remain in existence for at least 1 school year and may not be dissolved until the end of a school year.
(7) A school district that elects to participate in a joint board formed under this section for special education purposes shall confirm in writing to the joint board by October 1 of the current school fiscal year the district's intention to participate or to not participate in a joint board agreement for the next school fiscal year.
History: En. 75-5928 by Sec. 57, Ch. 5, L. 1971; amd. Sec. 6, Ch. 122, L. 1975; R.C.M. 1947, 75-5928; amd. Sec. 1, Ch. 308, L. 1987; amd. Sec. 285, Ch. 56, L. 2009; amd. Sec. 1, Ch. 9, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-362. Powers of joint board of trustees

20-3-362. Powers of joint board of trustees.
(1) When a joint board of trustees is formed as provided by 20-3-361, it shall have the power to:
(a) jointly employ a district superintendent under the provisions of 20-4-401;
(b) jointly employ teachers and specialists under the provisions of 20-4-201;
(c) open a junior high school under the provisions of 20-6-505 if the trustees of a county high school and the trustees of an elementary district have formed a joint board of trustees;
(d) prescribe and administer joint administrative policy;
(e) jointly provide any program or service authorized under 20-3-324, including any joint provision of special education services; and
(f) prorate all items of joint expense among the school districts, provided that a controversy over any decision by the joint board to prorate joint costs may, within 30 days, be appealed by the trustees of any district to the superintendent of public instruction for a final decision as to what constitutes a fair and just proration of the cost.
(2) The joint board of trustees shall not have the power to transact business that is not specifically related to the joint administration of the districts.
History: En. 75-5929 by Sec. 58, Ch. 5, L. 1971; R.C.M. 1947, 75-5929; amd. Sec. 3, Ch. 511, L. 1979; amd. Sec. 2, Ch. 308, L. 1987; amd. Sec. 1, Ch. 343, L. 1989; amd. Sec. 2, Ch. 9, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-368. Dissolution -- disqualification

20-3-368. Dissolution -- disqualification.
(1) If, after being qualified by the state auditor, a district health insurance trust ceases to comply with the conditions under 20-3-366(1) for more than 3 consecutive years, the trust shall immediately notify the state auditor and dissolve the trust no later than the end of the next full fiscal year after the date of notification. A district health insurance trust may also voluntarily dissolve.
(2) When dissolving pursuant to this section, the district health insurance trust shall wind up the affairs of the trust in the following order:
(a) impose any assessments on the districts of the trust that are calculated by the trust's retained actuary as necessary to pay all liabilities of the trust;
(b) pay all remaining claims, including incurred but not reported claims;
(c) pay all remaining liabilities of the trust;
(d) return any reserve balance remaining from the distribution of state funds to the trust under 20-3-369(3) to the state of Montana, after adjustments under subsections (2)(a) through (2)(c), for deposit in the state general fund. The portion of the reserve balance attributable to the distribution of state funds referenced under this subsection (2)(d) must be determined by an actuarial reserve balance analysis conducted by an actuary chosen by the state auditor.
(e) distribute its remaining net assets, if any, proportionately to the districts of the trust pursuant to the contractual terms of coverage and membership in the trust. A district shall deposit funds distributed under this subsection (2)(e) in an internal service account and spend the funds in accordance with 20-3-330 or 20-3-331.
History: En. Sec. 3, Ch. 770, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-369. State school health trust operating reserve account -- distribution and uses

20-3-369. State school health trust operating reserve account -- distribution and uses.
(1) There is a state school health trust operating reserve account in the state special revenue fund provided for in 17-2-102. The purpose of the account is to provide a one-time-only distribution of incentive funding to the first self-funded district health insurance trust that is qualified by the state auditor pursuant to 20-3-366.
(2) The state school health trust operating reserve account is statutorily appropriated, as provided in 17-7-502, to the office of public instruction for distribution as provided in this section.
(3) If a trust has been qualified by the state auditor on or before June 30, 2026, for initial operation beginning July 1, 2026, the superintendent shall, on July 1, 2026, distribute $40 million to the district health insurance trust. The qualifying district health insurance trust shall use the funds to stabilize health insurance costs through capitalization of an operating reserve for the district members of the trust.
(4) If a trust has not been qualified by June 30, 2026, the account balance must be transferred to the capital developments long-range building program account for uses consistent with 17-7-209.
History: En. Sec. 4, Ch. 770, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-370. Repayment of initial reserve from state from excess reserves

20-3-370. Repayment of initial reserve from state from excess reserves.
(1) Beginning July 1, 2036, a trust created under 20-3-366, shall, as part of its annual actuarial analysis, identify and report to the state auditor no later than 90 days following the completion of its annual audit, any excess reserves existing in the trust.
(2) The trust shall remit to the state any excess reserves identified pursuant to subsection (1) until the cumulative amounts remitted reaches $40 million. The state shall deposit any amounts remitted from year to year in the capital developments long-range building program account for uses consistent with 17-7-209.
(3) For the purposes of 20-3-366 through 20-3-370, "excess reserves" means reserves in excess of the greater of:
(a) reserve levels required under rules adopted by the state auditor;
(b) minimum risk-based capital recommended by the trust's actuary, using a confidence interval of 90%; or
(c) minimum capital calculated by the trust's actuary following the risk-based capital requirements applicable to a health organization that are specified in Title 33, chapter 2, part 19, at levels above the levels that would trigger a company action level event for a health organization under 33-2-1904.
History: En. Sec. 5, Ch. 770, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-101. System and definitions of teacher and specialist certification -- student teacher exception

20-4-101. System and definitions of teacher and specialist certification -- student teacher exception.
(1) In order to establish a uniform system of quality education and to ensure the maintenance of professional standards, a system of teacher and specialist certification must be established and maintained under the provisions of this title and a person may not be permitted to teach in the public schools of the state until the person has obtained a teacher or specialist certificate or the district has obtained an emergency authorization of employment from the state.
(2) As used in this part, "teacher or specialist certificate" means a certificate issued or applied for under 20-4-106. The term "teacher or specialist" refers to a person certified under 20-4-106.
(3) The certification requirement does not apply to:
(a) a student teacher who is a student enrolled in an institution of higher learning approved by the board of regents of higher education for teacher training and who is jointly assigned by the institution of higher learning and the governing board of a district or a public institution to perform practice teaching in a nonsalaried status under the direction of a regularly employed and certificated teacher; or
(b) an instructor employed by the Montana university system or an accredited institution of equal rank and standing as that of any unit of the Montana university system when teaching any advanced course offered to pupils as defined in 20-1-101 for college credit, including courses provided pursuant to 20-3-324(28).
(4) An individual to whom the certification requirement does not apply under subsection (3) must be accorded the same protection of the laws as that accorded a certificated teacher and shall, while performing functions authorized under subsection (3), comply with all rules of the governing board of the district or public institution and the applicable provisions of 20-4-301 relating to the duties of teachers.
History: En. 75-6001 by Sec. 71, Ch. 5, L. 1971; amd. Sec. 1, Ch. 396, L. 1973; R.C.M. 1947, 75-6001; amd. Sec. 4, Ch. 511, L. 1979; amd. Sec. 2, Ch. 227, L. 1987; amd. Sec. 286, Ch. 56, L. 2009; amd. Sec. 3, Ch. 247, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-102. Board of public education policies

20-4-102. Board of public education policies.
To effect an orderly and uniform system of teacher and specialist certification, the board of public education shall, upon the recommendation of the superintendent of public instruction and in accordance with the provisions of this title, prescribe and adopt policies for the issuance of teacher or specialist certificates. Such policies shall provide for:
(1) reasonable training and experience requirements for teacher, specialist, supervisor, and administrative certificates and endorsements thereon as provided by the certification classification in 20-4-106;
(2) the renewal of teacher or specialist certificates based on the same conditions prescribed for the initial issuance of certificates;
(3) the conduct of hearings on teacher or specialist certification revocation, suspension, or denial;
(4) the issuance of emergency authorization to a district to employ a person who is not the holder of a valid teacher certificate as an instructor of pupils; and
(5) any other policy, not inconsistent with the law, which is necessary for the proper operation of a system of teacher and specialist certification.
History: En. 75-6002 by Sec. 72, Ch. 5, L. 1971; R.C.M. 1947, 75-6002; amd. Sec. 5, Ch. 511, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-103. Issuance of teacher or specialist certificates

20-4-103. Issuance of teacher or specialist certificates.
The superintendent of public instruction shall issue all teacher and specialist certificates in the state of Montana. In issuing teacher or specialist certificates, the superintendent of public instruction shall comply with the provisions of this title and the teacher and specialist certification policies adopted by the board of public education. The superintendent of public instruction shall not issue a teacher or specialist certificate to any person who does not satisfy the qualifications or other requirements of this title and of the board of public education policies for teacher or specialist certification.
History: En. 75-6003 by Sec. 73, Ch. 5, L. 1971; R.C.M. 1947, 75-6003; amd. Sec. 6, Ch. 511, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-104. Qualifications

20-4-104. Qualifications.
(1) A person may be certified as a teacher when the person satisfies the following qualifications. The person:
(a) is 18 years of age or older;
(b) is of good moral and professional character;
(c) (i) has completed the teacher education program of a unit of the Montana university system or an essentially equivalent program at an accredited institution of equal rank and standing as that of any unit of the Montana university system, and the training is evidenced by at least a bachelor's degree and a certification of the completion of the teacher education program, except as provided for in 20-4-106(1)(d);
(ii) possesses a current certification from the national board for professional teaching standards;
(iii) possesses a current educator license from another state or country and successful experience as determined by the board of public education; or
(iv) has completed the alternative teacher certification and endorsement program provided for in 20-4-120; and
(d) has subscribed to the following oath or affirmation before an officer authorized by law to administer oaths:
"I solemnly swear (or affirm) that I will support The Constitution of the United States of America and The Constitution of the State of Montana."
(2) Any person may be certified as a specialist when the person satisfies the requirements of subsections (1)(a) and (1)(b) and the requirement for a specialist certificate provided in 20-4-106(2).
History: En. 75-6004 by Sec. 74, Ch. 5, L. 1971; R.C.M. 1947, 75-6004; amd. Sec. 7, Ch. 511, L. 1979; amd. Sec. 1, Ch. 165, L. 1981; amd. Sec. 1, Ch. 266, L. 1983; amd. Sec. 1, Ch. 257, L. 1991; amd. Sec. 287, Ch. 56, L. 2009; amd. Sec. 4, Ch. 247, L. 2021; amd. Sec. 2, Ch. 470, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-105. Repealed

20-4-105. Repealed.
Sec. 2, Ch. 165, L. 1981.
History: En. 75-6005 by Sec. 75, Ch. 5, L. 1971; R.C.M. 1947, 75-6005; amd. Sec. 8, Ch. 511, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-107. Outstanding teacher certificates

20-4-107. Outstanding teacher certificates.
(1) No provisions of this title shall affect or impair the validity of any certificate that is in force on January 26, 1971, or the rights and privileges of the holders by virtue thereof, except that any certificates may be suspended or revoked for any of the causes and by the procedures provided by law.
(2) Any holder of an elementary school standard certificate issued prior to July 1, 1959, under the previous statute and in force on July 1, 1959, shall be eligible for renewal of such certificate in accordance with the policies of the board of public education until the holder qualifies for the class 2 standard certificate as provided in 20-4-106.
(3) Any holder of a class 5 certificate in force on June 30, 1966, or issued between July 1, 1966, and December 31, 1966, shall be eligible for renewal of such certificate in accordance with the policies of the board of public education until the holder qualifies for the class 2 standard certificate as provided in 20-4-106.
History: En. 75-6007 by Sec. 77, Ch. 5, L. 1971; R.C.M. 1947, 75-6007.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-108. Term of teacher and specialist certificates -- renewal

20-4-108. Term of teacher and specialist certificates -- renewal.
(1) A teacher or specialist certificate issued by the superintendent of public instruction must bear the dates of issue and validity and is valid for a term of 5 school fiscal years, except that a class 5 provisional certificate is valid for the number of years, up to a maximum of 5 years, provided by the policies of the board of public education. The period of validity for any certificate begins on July 1 immediately preceding the date of issue, except that a teacher or specialist who applies for certification after January 1 may, upon request, have the period of validity of the certificate begin on July 1 following the date of application.
(2) Teacher and specialist certificates must be renewed for similar periods of time on the basis of the board of public education policies for teacher and specialist certification renewal.
History: En. 75-6008 by Sec. 78, Ch. 5, L. 1971; amd. Sec. 1, Ch. 171, L. 1977; R.C.M. 1947, 75-6008; amd. Sec. 10, Ch. 511, L. 1979; amd. Sec. 1, Ch. 224, L. 1983; amd. Sec. 1, Ch. 58, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-109. Fees for teacher and specialist certificates

20-4-109. Fees for teacher and specialist certificates.
(1) (a) A person applying for the issuance or renewal of a teacher or specialist certificate shall pay a fee for each school fiscal year that the certificate is valid. In addition to this fee, a person who has never held any class of Montana teacher or specialist certificate or for whom an emergency authorization of employment has never been issued shall pay a filing fee. The fees must be paid to the superintendent of public instruction, who shall deposit the fees with the state treasurer to the credit of the state special revenue fund account, created in subsection (2), to be used for fully funding the costs of administering the teacher and specialist licensure program at the office of public instruction, including operations and maintenance of the licensure system and personnel costs.
(b) The superintendent of public instruction shall recommend to the board of public education annual and filing fee amounts sufficient to generate the revenue required to administer the teacher and specialist licensure program. In recommending the fees, the superintendent shall consider the revenues and expenses incurred in the prior 5 licensing renewal years, but the cash balance of the account in subsection (2) may not exceed two times the account's annual appropriation level. The recommendation must include documentation sufficient to support the fees charged to support the licensure program. The board of public education shall set the annual and filing fee amounts based on the superintendent's recommendation.
(2) There is an account in the state special revenue fund. Money from fees for teacher or specialist certificates required in subsection (1) must be deposited in the account and used for administering the teacher and specialist licensure program at the office of public instruction.
History: En. 75-6009 by Sec. 79, Ch. 5, L. 1971; R.C.M. 1947, 75-6009; amd. Sec. 11, Ch. 511, L. 1979; amd. Sec. 5, Ch. 465, L. 1987; amd. Sec. 1, Ch. 103, L. 1989; amd. Sec. 4, Ch. 628, L. 1989; amd. Sec. 2, Ch. 495, L. 1991; amd. Sec. 26, Ch. 509, L. 1995; amd. Sec. 1, Ch. 165, L. 1999; amd. Sec. 1, Ch. 173, L. 2003; amd. Sec. 1, Ch. 721, L. 2023.