reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-104. Penalty for violating law or rules

20-10-104. Penalty for violating law or rules.
(1) Every district, its trustees and employees, and every person under a transportation contract with a district is subject to the policies prescribed by the board of public education and the rules prescribed by the superintendent of public instruction. When a district knowingly violates a transportation law or board of public education transportation policy, the district shall forfeit any reimbursement otherwise payable under 20-10-145 and 20-10-146 for any bus miles actually traveled during that fiscal year in violation of the law or policies.
(2) A district knowingly violates a transportation law or board of public education policy when it operates a bus route in a manner that does not comply with state law or board policy related to student safety. As provided in 20-10-141(1), a district that operates a bus route not approved by its county transportation committee may not receive transportation reimbursement on that route, but if the route is operated in compliance with transportation law, the operation of the routes is not a violation that will result in the forfeiture of all transportation aid to the district.
(3) The county superintendent shall suspend all reimbursements payable to the district under 20-10-145 and 20-10-146 for all miles being traveled, including both miles being traveled in compliance with the transportation laws or policies and miles being traveled in violation of the transportation laws or policies, until the district corrects the violation. When the district corrects the violation, the county superintendent shall pay all reimbursements otherwise payable under 20-10-145 and 20-10-146, including amounts suspended during the violation, but the amount forfeited under subsection (1) may not be paid to the district.
(4) When a person operating a bus under contract with a district knowingly fails to comply with the transportation law or the board of public education transportation policies, the district may not pay the person for any bus miles traveled during the contract year in violation of law or policies. Upon discovering a violation, the trustees of the district shall give written notice to the person that unless the violation is corrected within 10 days of the giving of notice, the contract will be canceled. The trustees of a district shall order the operation of a bus operated under contract suspended when the bus is being operated in violation of transportation law or policies and the trustees find that the violation jeopardizes the safety of pupils.
History: En. 75-7006 by Sec. 283, Ch. 5, L. 1971; amd. Sec. 1, Ch. 78, L. 1974; R.C.M. 1947, 75-7006; amd. Sec. 1, Ch. 427, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-105. Determination of residence

20-10-105. Determination of residence.
When the residence of an eligible transportee is a matter of controversy and is an issue before a board of trustees, a county transportation committee, or the superintendent of public instruction, except as provided in 20-9-707, the residence must be established on the basis of the general state residence law as provided in 1-1-215. Whenever the state is determined to be responsible for paying tuition for any pupil in accordance with 20-5-321 through 20-5-323, the residence of the pupil for tuition purposes is the residence of the pupil for transportation purposes.
History: En. 75-7016 by Sec. 293, Ch. 5, L. 1971; amd. Sec. 20, Ch. 266, L. 1977; R.C.M. 1947, 75-7016; amd. Sec. 16, Ch. 563, L. 1993; amd. Sec. 4, Ch. 132, L. 2005; amd. Sec. 7, Ch. 463, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-106. Determination of mileage distances

20-10-106. Determination of mileage distances.
When the mileage distance that transportation services are to be provided is a matter of controversy and is an issue before a board of trustees, a county transportation committee, or the superintendent of public instruction, the mileage shall be established on the following basis:
(1) The distance in mileage shall be measured by a vehicle equipped with an accurate odometer.
(2) A representative of the applicable district and a parent or guardian of the child to be transported shall be present when the distance is measured.
(3) The measurement shall begin 6 yards from the family home and end 6 yards from the entrance of the school grounds closest to the route.
(4) The route traversed for the measurement shall be the route designated by the trustees, except that the route shall be reasonably passable during the entire school fiscal year by the vehicle that provides the child's transportation. In determining reasonable passage, a route may not be disqualified because it is impassable during temporary, extreme weather conditions such as rains, snow, or floods.
History: En. 75-7017 by Sec. 294, Ch. 5, L. 1971; amd. Sec. 21, Ch. 266, L. 1977; R.C.M. 1947, 75-7017.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-107. Power of trustees

20-10-107. Power of trustees.
The trustees of any district may:
(1) purchase or rent a school bus;
(2) purchase or rent a communication system or safety device for a school bus when the trustees authorize a communication system or safety device as standard equipment in a school bus because the bus is operated where weather and road conditions may constitute a hazard to the safety of the school pupil passengers;
(3) provide for the operation, maintenance, and insurance of a school bus or a communication system or safety device owned or rented by the district; or
(4) contract with a private party for the transportation of eligible transportees. The contract may not exceed the term of 5 years.
History: En. 75-7011 by Sec. 288, Ch. 5, L. 1971; amd. Sec. 1, Ch. 198, L. 1971; R.C.M. 1947, 75-7011(part); amd. Sec. 4, Ch. 8, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-108. Two-way radio operation

20-10-108. Two-way radio operation.
When the trustees authorize a two-way radio as standard equipment on a school bus, the two-way radio may be operated on the same frequency as that used by the Montana highway patrol and the sheriff of the county when their permission and the permission of the federal communications commission is secured. If permission is not secured from these agencies, the frequency assigned by the federal communications commission shall be used for the operation of the two-way radio.
History: En. 75-7011 by Sec. 288, Ch. 5, L. 1971; amd. Sec. 1, Ch. 198, L. 1971; R.C.M. 1947, 75-7011(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-109. Liability insurance for school bus

20-10-109. Liability insurance for school bus.
Whenever a bus is owned and operated by a district or the bus is operated by a private party under a contract but no condition of such contract requires the private party to carry liability insurance, the trustees shall carry automobile bodily injury and liability insurance in an amount not less than $10,000 per person and $100,000 for each accident for each bus operated by or under contract with the district.
History: En. 75-7011 by Sec. 288, Ch. 5, L. 1971; amd. Sec. 1, Ch. 198, L. 1971; R.C.M. 1947, 75-7011(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-110. School bus purchase -- contract -- bids

20-10-110. School bus purchase -- contract -- bids.
When a district purchases a school bus, the trustees may purchase such school bus under an installment contract which will be completely executed within 3 years from the date of the purchase. The trustees also may purchase a school bus without advertising for bids under the provisions of 20-9-204.
History: En. 75-7011 by Sec. 288, Ch. 5, L. 1971; amd. Sec. 1, Ch. 198, L. 1971; R.C.M. 1947, 75-7011(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-111. Duties of board of public education

20-10-111. Duties of board of public education.
(1) The board of public education, with the advice of the Montana department of justice and the superintendent of public instruction, shall adopt and enforce policies, not inconsistent with the motor vehicle laws, to provide uniform standards and regulations for the design, construction, and operation of school buses in the state of Montana. The policies must:
(a) prescribe minimum standards for the design, construction, and operation of school buses consistent with:
(i) the recommendations adopted by the national conference on school transportation; and
(ii) the federal motor vehicle safety standards;
(b) prescribe standards and specifications for the lighting equipment and special warning devices to be carried by school buses in conformity with:
(i) current specifications approved by the society of automobile engineers;
(ii) motor vehicle laws; and
(iii) the requirement that all school buses have an alternately flashing prewarning lighting system of four or more amber signal lamps to be used while preparing to stop and an alternately flashing warning lighting system of four or more red signal lamps to be used while stopped in accordance with 61-9-402;
(c) establish other driver qualifications considered necessary in addition to the qualifications required in 20-10-103;
(d) prescribe criteria for the establishment of transportation service areas for school bus purposes by the county transportation committee that shall allow for the establishment of service areas without regard to the district boundary lines within the county;
(e) prescribe other criteria for the determination of the residence of a pupil that may be considered necessary in addition to the criteria established in 20-10-105; and
(f) prescribe standards for the measurement of the child seating capacity of school buses, to be known as the rated capacity.
(2) The board of public education shall prescribe other policies necessary for the proper administration and operation of individual transportation programs that are consistent with the transportation provisions of this title.
History: En. 75-7004 by Sec. 281, Ch. 5, L. 1971; amd. Sec. 1, Ch. 416, L. 1973; R.C.M. 1947, 75-7004; amd. Sec. 1, Ch. 455, L. 1981; amd. Sec. 1, Ch. 280, L. 1989; amd. Sec. 13, Ch. 343, L. 1999; amd. Sec. 19, Ch. 237, L. 2001; amd. Sec. 1, Ch. 246, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-112. Duties of superintendent of public instruction

20-10-112. Duties of superintendent of public instruction.
In order to have a uniform and equal provision of transportation by all districts in the state of Montana, the superintendent of public instruction shall:
(1) prescribe rules and forms for the implementation and administration of the transportation policies adopted by the board of public education;
(2) prescribe rules for the approval of school bus routing by the county transportation committee;
(3) prescribe the format of the contract for individual transportation and supply each county superintendent with a sufficient number of contracts;
(4) prescribe rules for the approval of individual transportation contracts, including the increases of the schedule rates because of isolation under the policy of the board of public education, and provide a degree-of-isolation chart to school district trustees to serve as a guide;
(5) approve, disapprove, or adjust all school bus routing submitted by the county superintendent;
(6) approve, disapprove, or adjust all individual transportation contracts submitted by the county superintendent;
(7) prescribe rules for the consideration of controversies appealed to the superintendent and rule on the controversies; and
(8) disburse the state transportation reimbursement in accordance with the provisions of law and the transportation policies of the board of public education.
History: En. 75-7005 by Sec. 282, Ch. 5, L. 1971; amd. Sec. 2, Ch. 416, L. 1973; R.C.M. 1947, 75-7005; amd. Sec. 317, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-121. Duty of trustees to provide transportation -- types of transportation -- bus riding time limitation

20-10-121. Duty of trustees to provide transportation -- types of transportation -- bus riding time limitation.
(1) The trustees of a district may furnish transportation to an eligible transportee who attends a school of the district or has been granted permission to attend a school outside of the district. Whenever the trustees of a district provide transportation for an eligible transportee, the trustees shall provide all eligible transportees of the district with transportation. The trustees shall furnish transportation when directed to do so by the county transportation committee and when that direction is upheld by the superintendent of public instruction.
(2) The tendering of a contract to the parent or guardian under which the district would pay the parent or guardian for individually transporting the pupil or pupils fulfills the district's obligation to furnish transportation for an eligible transportee. The parent or guardian of an eligible transportee may provide transportation or arrange for transportation for the parent's or guardian's child at the parent's or guardian's own expense to any district willing to accept the child.
(3) The type of transportation provided by a district may be:
(a) by a school bus; or
(b) by individual transportation:
(i) paying the parent or guardian for individually transporting the pupil;
(ii) paying board and room reimbursements;
(iii) providing supervised correspondence study; or
(iv) providing supervised home study.
(4) When the parent or guardian of an elementary pupil consents to a trip of over 1 hour, the trustees may require the eligible transportee to ride a school bus for more than 1 hour each trip.
History: En. 75-7008 by Sec. 285, Ch. 5, L. 1971; amd. Sec. 1, Ch. 245, L. 1973; R.C.M. 1947, 75-7008; amd. Sec. 318, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-122. Discretionary provision of transportation and payment for this transportation

20-10-122. Discretionary provision of transportation and payment for this transportation.
(1) The trustees of a district may provide school bus transportation to any pupil of a public school who is not an eligible transportee of the district:
(a) on a school bus conveying eligible transportees when the ineligible transportee will not displace an eligible transportee from the school bus because of the lack of seating capacity;
(b) on a school bus operated by the district for the sole purpose of providing transportation for ineligible transportees. The school bus must service those children living the greatest distance from the school to be attended.
(c) on a school bus operated for the purpose of relieving congestion in a school building or to avoid the necessity of erecting a new building or for any other reasons of economy or convenience.
(2) When the trustees of a district provide school bus transportation to an ineligible transportee under the conditions of subsection (1)(a) or (1)(b), the district may charge each ineligible transportee a proportionate share, as determined by the trustees, of the cost of operating the school bus. Money realized from the payments must be deposited to the credit of the transportation fund.
History: En. 75-7009 by Sec. 286, Ch. 5, L. 1971; R.C.M. 1947, 75-7009; amd. Sec. 319, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-123. Provision of transportation for nonpublic school children

20-10-123. Provision of transportation for nonpublic school children.
Any child attending a nonpublic school may ride a school bus when a permit to ride the school bus is secured from the operating district by the parent or guardian of the nonpublic school child and when there is seating capacity available on the school bus. When a nonpublic school child rides a school bus, the operating district may charge the child a proportionate share, as determined by the trustees, of the cost of operating the school bus. Money realized from the payments must be deposited to the credit of the transportation fund.
History: En. 75-7010 by Sec. 287, Ch. 5, L. 1971; R.C.M. 1947, 75-7010; amd. Sec. 1, Ch. 320, L. 1987; amd. Sec. 320, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-124. Private party contract for transportation -- individual transportation contract

20-10-124. Private party contract for transportation -- individual transportation contract.
(1) When the trustees contract with any private party to provide transportation to eligible transportees, the private party shall comply with the regulations of the board of public education for the standards of equipment, operation and safety of the school bus, and qualifications of the driver. The trustees may require added safeguards by supplementing the board of public education policies in the contract with additional requirements for bus specifications, age of drivers, liability insurance, operating speed, or any other contractual condition considered necessary by the trustees.
(2) Any school bus transportation by a private party or individual transportation that is furnished by a district must be under contract, and district, county, or state money may not be paid for transportation services to any person or firm who does not hold a legal contract with the district. Transportation contracts for the ensuing year must be completed by the fourth Monday of June, except when an eligible transportee establishes residence in the district after the fourth Monday of June and a contingency amount is included in the regular transportation budget or an emergency transportation budget is adopted.
(3) Transportation contracts between a district and a private party for the provision of school bus transportation must:
(a) be completed in triplicate, with one copy for the county superintendent, one copy for the private party, and one copy for the district;
(b) conform to the transportation law, policies of the board of public education, and rules of the superintendent of public instruction; and
(c) be signed by the presiding officer of the trustees and the private party.
(4) A transportation contract between a parent or guardian of an eligible transportee and a district for the provision of individual transportation is subject to the following requirements:
(a) it must be completed in quadruplicate, with one copy for the parent or guardian, one copy for the district, one copy for the county superintendent, and one copy for the superintendent of public instruction;
(b) it must be completed on forms promulgated by the superintendent of public instruction;
(c) the parent or guardian shall sign an affidavit attesting to the place of residence of the child or children; and
(d) it must be signed by the presiding officer of the trustees and the parent or guardian of the eligible transportees.
History: (1)En. 75-7011 by Sec. 288, Ch. 5, L. 1971; amd. Sec. 1, Ch. 198, L. 1971; Sec. 75-7011, R.C.M. 1947; (2) thru (4)En. 75-7012 by Sec. 289, Ch. 5, L. 1971; Sec. 75-7012, R.C.M. 1947; R.C.M. 1947, 75-7011(part), 75-7012; amd. Sec. 31, Ch. 22, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-125. Bid letting for contract bus -- payments under transportation contract

20-10-125. Bid letting for contract bus -- payments under transportation contract.
(1) Before any contract with a private party for the provision of school bus transportation is awarded, the trustees shall:
(a) secure bids by publishing during a period of 21 days at least three calls for bids in a newspaper of the county that will give notice to the largest number of people of the district or in the official newspaper of the county; the trustees shall let the contract to the lowest responsible bidder, and the trustees shall have the right to reject any and all bids; or
(b) negotiate a new contract with the current school bus contractor, provided the negotiated contract costs do not exceed by more than 12% per year the basic costs of the previous year's contract. Such a negotiated contract can be entered into only at a public meeting of the trustees at which meeting the patrons of the district may appear and be heard. Notice of the meeting must have been published in a newspaper of wide circulation within the district at least 1 week prior to the meeting.
(2) The provisions of this section for awarding a contract for school bus transportation shall be subject to the provisions of 20-9-204.
(3) The trustees shall not expend any moneys of the district for school bus transportation by a private party or for individual transportation unless:
(a) a contract for such transportation services has been completed; and
(b) such contracted services for school bus transportation by a private party have been actually furnished except that the failure to perform may be excused by the trustees for reasons not under the control of the contractor; or
(c) such contracted services for individual transportation have been actually furnished as confirmed by the actual attendance of school by the eligible transportees and recorded on the school attendance records or, in the case of a supervised correspondence course or supervised home study, as confirmed by the trustees; except that the contracted services furnished one way on any school day shall be reimbursed at one-half the daily contract amount.
History: En. 75-7013 by Sec. 290, Ch. 5, L. 1971; amd. Sec. 1, Ch. 362, L. 1973; R.C.M. 1947, 75-7013; amd. Sec. 1, Ch. 349, L. 1979; amd. Sec. 1, Ch. 97, L. 1981.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-129. Transportation for special activities

20-10-129. Transportation for special activities.
(1) A district may use a passenger vehicle to transport students to or from school-sponsored functions or activities. A district may not use a passenger vehicle for purposes of transporting students to or from school on a regular bus route.
(2) A passenger vehicle that is owned by the district is not eligible to be included in the calculations for the bus depreciation reserve fund under 20-10-147.
(3) For purposes of this section, "passenger vehicle" means a motor vehicle that is:
(a) designed to transport 8 to 15 passengers and is the size and style of vehicle necessary to meet the needs of the district; and
(b) insured in accordance with the minimum coverage requirements established in 20-10-109.
History: En. Sec. 1, Ch. 292, L. 2021; amd. Sec. 2, Ch. 149, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-131. County transportation committee membership

20-10-131. County transportation committee membership.
(1) To coordinate the orderly provision of a uniform transportation program within a county, there must be a county transportation committee created in each county of the state of Montana. The membership of the committee consists of:
(a) the county superintendent;
(b) the presiding officer of the board of county commissioners or a member of the board designated by the presiding officer; and
(c) one representative of each school district within the county, except that an elementary district and high school district that compose a school system under 20-6-312 or 20-6-508 are limited to one representative for the school system. Each representative must be designated by the trustees of the respective school district or school system.
(2) The county transportation committee must have at least five members, and if this minimum membership cannot be realized in the manner prescribed in subsections (1)(a) through (1)(c), the county superintendent shall appoint a sufficient number of members to satisfy the minimum membership requirement.
(3) The county superintendent is the presiding officer of the county transportation committee, and a quorum is a majority of the membership. A quorum must be present for the committee to conduct business. The committee shall meet on the call of the presiding officer or any three members of the committee. Each member of the committee is a voting member.
History: En. 75-7014 by Sec. 291, Ch. 5, L. 1971; R.C.M. 1947, 75-7014; amd. Sec. 3, Ch. 298, L. 1995; amd. Sec. 1, Ch. 53, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-132. Duties of county transportation committee

20-10-132. Duties of county transportation committee.
(1) It is the duty of the county transportation committee to:
(a) establish the transportation service areas within the county, without regard to district boundary lines, for each district that operates a school bus transportation program;
(b) except as provided in subsection (2), approve, disapprove, or adjust the school bus routes submitted by the trustees of each district in conformity with the transportation service areas established in subsection (1)(a);
(c) approve, disapprove, or adjust applications, approved by the trustees, for increased reimbursements for individual transportation because of isolated conditions of the eligible transportee's residence;
(d) conduct hearings to establish the facts of transportation controversies that have been appealed from the decision of the trustees and act on the appeals on the basis of the facts established at the hearing; and
(e) determine if geographic conditions make it impractical for a child to attend school in the district of residence, in accordance with 20-5-321(1)(b).
(2) In an emergency situation, a temporary bus route change may be approved by the county superintendent. A bus route change approved by the county superintendent must be confirmed by the county transportation committee within 90 days in order to be continued for a period longer than 90 days.
(3) When the county transportation committee reviews a request for a new bus route or a change to an existing route, the committee shall consider the following:
(a) a map of the existing and proposed bus route;
(b) a description of turnarounds;
(c) conditions affecting safety;
(d) the total mileage and change in mileage of the affected bus route;
(e) the approximate total cost;
(f) reasons for the proposed bus route change;
(g) the number of children to be served;
(h) a copy of the official minutes of the meeting at which the school trustees approved the new bus route or route change; and
(i) any other information that the county transportation committee considers relevant.
(4) When an application for increased reimbursement for individual transportation is presented to the county transportation committee, it must include a signed individual transportation contract and a copy of the official minutes of the meeting at which the trustees acted upon the request for increased reimbursement.
(5) After a factfinding hearing and decision on a transportation controversy, the trustees or a patron of the district may appeal the decision to the superintendent of public instruction, who shall issue a decision on the basis of the facts established at the county transportation committee hearing.
History: En. 75-7015 by Sec. 292, Ch. 5, L. 1971; R.C.M. 1947, 75-7015; amd. Sec. 4, Ch. 298, L. 1995; amd. Sec. 8, Ch. 464, L. 2001; amd. Sec. 1, Ch. 128, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-141. Schedule of maximum reimbursement by mileage rates

20-10-141. Schedule of maximum reimbursement by mileage rates.
(1) The mileage rates in subsection (2) for school transportation constitute the maximum reimbursement to districts for school transportation from state and county sources of transportation revenue under the provisions of 20-10-145 and 20-10-146. These rates may not limit the amount that a district may budget in its transportation fund budget in order to provide for the estimated and necessary cost of school transportation during the ensuing school fiscal year. All bus miles traveled on bus routes approved by the county transportation committee are reimbursable. Nonbus mileage is reimbursable for a vehicle driven by a bus driver to and from an overnight location of a school bus when the location is more than 10 miles from the school. A district may approve additional bus or nonbus miles within its own district or approved service area but may not claim reimbursement for the mileage. Any vehicle, the operation of which is reimbursed for bus mileage under the rate provisions of this schedule, must be a school bus, as defined by this title, driven by a qualified driver on a bus route approved by the county transportation committee and the superintendent of public instruction.
(2) (a) The rate for each bus mile traveled must be determined in accordance with the following schedule:
(i) 50 cents for a school bus as defined in 20-10-101(5)(a)(ii);
(ii) 95 cents for a school bus with a rated capacity of not more than 49 passenger seating positions;
(iii) $1.15 for a school bus with a rated capacity of 50 to 59 passenger seating positions;
(iv) $1.36 for a school bus with a rated capacity of 60 to 69 passenger seating positions;
(v) $1.57 for a school bus with a rated capacity of 70 to 79 passenger seating positions; and
(vi) $1.80 for a school bus with 80 or more passenger seating positions.
(b) Nonbus mileage, as provided in subsection (1), must be reimbursed at a rate of 50 cents a mile.
(3) The rated capacity is the number of passenger seating positions of a school bus as determined under the policy adopted by the board of public education. If modification of a school bus to accommodate pupils with disabilities reduces the rated capacity of the bus, the reimbursement to a district for pupil transportation is based on the rated capacity of the bus prior to modification.
(4) The number of pupils riding the school bus may not exceed the passenger seating positions of the bus.
History: En. 75-7018 by Sec. 295, Ch. 5, L. 1971; amd. Sec. 1, Ch. 469, L. 1975; amd. Sec. 22, Ch. 266, L. 1977; amd. Sec. 1, Ch. 529, L. 1977; R.C.M. 1947, 75-7018; amd. Sec. 1, Ch. 590, L. 1979; amd. Sec. 1, Ch. 454, L. 1981; amd. Sec. 1, Ch. 515, L. 1983; amd. Sec. 1, Ch. 559, L. 1983; amd. Sec. 1, Ch. 344, L. 1985; amd. Sec. 10, Ch. 711, L. 1991; amd. Sec. 6, Ch. 298, L. 1995; amd. Sec. 10, Ch. 550, L. 2003; amd. Sec. 3, Ch. 221, L. 2017; amd. Sec. 3, Ch. 149, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-147. Bus depreciation reserve fund

20-10-147. Bus depreciation reserve fund.
(1) The trustees of a district owning a bus used for purposes of transportation, as defined in 20-10-101, or for purposes of conveying pupils to and from school functions or activities may establish a bus depreciation reserve fund to be used for the conversion, remodeling, or rebuilding of a bus or for the replacement of a bus or communication systems and safety devices installed on the bus, including but not limited to global positioning systems, cameras, and two-way radios. The trustees of a district may also use the bus depreciation reserve fund to purchase an additional bus for purposes of transportation, as defined in 20-10-101.
(2) Whenever a bus depreciation reserve fund is established, the trustees may include in the district's budget, in accordance with the school budgeting provisions of this title, an amount each year that does not exceed 20% of the original cost of a bus or communication systems and safety devices installed on the bus. The amount budgeted may not, over time, exceed 150% of the original cost of a bus or communication systems and safety devices installed on the bus. The annual revenue requirement for each district's bus depreciation reserve fund, determined within the limitations of this section, must be reported by the county superintendent to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values as the bus depreciation reserve fund levy requirement for that district, and a levy must be made by the county commissioners in accordance with 20-9-142.
(3) Any expenditure of bus depreciation reserve fund money must be within the limitations of the district's final bus depreciation reserve fund budget and the school financial administration provisions of this title and may be made only to convert, remodel, or rebuild buses, to replace the buses or communication systems and safety devices installed on the bus, or for the purchase of an additional bus as provided in subsection (1), for which the bus depreciation reserve fund was created.
History: En. 75-7024 by Sec. 301, Ch. 5, L. 1971; amd. Sec. 1, Ch. 194, L. 1977; R.C.M. 1947, 75-7024; amd. Sec. 1, Ch. 69, L. 1991; amd. Sec. 11, Ch. 568, L. 1991; amd. Sec. 14, Ch. 133, L. 1993; amd. Sec. 1, Ch. 238, L. 1997; amd. Sec. 1, Ch. 157, L. 1999; amd. Sec. 115, Ch. 584, L. 1999; amd. Sec. 4, Ch. 220, L. 2001; amd. Sec. 24, Ch. 152, L. 2011; amd. Sec. 21, Ch. 418, L. 2011; amd. Sec. 5, Ch. 8, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-148. Cost-effectiveness analysis required before purchase of small school bus

20-10-148. Cost-effectiveness analysis required before purchase of small school bus.
The trustees of a district may not purchase and operate a school bus as defined in 20-10-101(5)(a)(ii) until the trustees have:
(1) conducted an analysis of the costs associated with purchase and operation of the school bus compared to the costs associated with purchase or contract and operation of a school bus designed to carry more than 10 passengers; and
(2) adopted a written finding that the purchase and operation of a school bus as defined in 20-10-101(5)(a)(ii) is the most cost-effective means of transporting eligible transportees on the bus route or routes to which the school bus will be assigned.
History: En. Sec. 4, Ch. 221, L. 2017; amd. Sec. 4, Ch. 149, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-201. Acceptance, expenditure, and administration of federal school food services money

20-10-201. Acceptance, expenditure, and administration of federal school food services money.
(1) The superintendent of public instruction is authorized to accept and direct the disbursement of funds appropriated by act of congress and apportioned to the state for use in financing school food services. This authorization applies to federal funds available for school food services under the National School Lunch Act (Public Law 396, 79th congress, chapter 281, 2nd session), Child Nutrition Act of 1966 (Public Law 642, 89th congress), any amendments to these public laws, and any other public laws enacted to provide assistance for school food services.
(2) The superintendent of public instruction shall deposit all federal funds for school food services with the state treasurer who shall credit the funds to the federal special revenue fund. Any disbursement of the federal school food services funds must be directed by the superintendent of public instruction.
(3) The superintendent of public instruction may:
(a) enter into agreements and cooperate with any federal agency, district, or other agency or person, prescribe regulations, employ personnel, and take any other action that the superintendent of public instruction may consider necessary to:
(i) provide for the establishment, operation, and expansion of school food services; and
(ii) disburse federal and state funds according to the requirements of federal and state law;
(b) give technical advice and assistance to any district establishing or operating school food services and assist in the training of personnel for the services;
(c) accept any gift for use in providing school food services;
(d) conduct studies of methods of improving and expanding school food services and appraise the nutritive benefits of school food services.
(4) The superintendent of public instruction shall report annually to the board of public education on the financial, administrative, and operational phases of school food services.
History: En. 75-8002 by Sec. 443, Ch. 5, L. 1971; R.C.M. 1947, 75-8002; amd. Sec. 17, Ch. 281, L. 1983; amd. Sec. 20, Ch. 237, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-202. Records, reports, and reviews

20-10-202. Records, reports, and reviews.
(1) The superintendent of public instruction shall prescribe regulations for keeping the financial and commodity records and making reports on school food services operated by a district. The financial records must be available for inspection and audit by federal and state officials authorized by law or contract to perform audits and be preserved for the period of time, not to exceed 5 years, the superintendent of public instruction may prescribe.
(2) The superintendent of public instruction shall conduct or cause to be conducted the inspections and administrative reviews of the financial records and the operation of school food services.
History: En. 75-8003 by Sec. 444, Ch. 5, L. 1971; R.C.M. 1947, 75-8003; amd. Sec. 26, Ch. 489, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-203. School food commodities

20-10-203. School food commodities.
The superintendent of public instruction is authorized to accept food commodities from the federal government and to distribute the food commodities to any district or nonpublic school that contracts for such distribution. The superintendent of public instruction may use for the shipping, handling, and other related costs of distributing the food commodities any funds advanced by legislative appropriation for the commodity state special revenue account. Such distribution costs shall be reimbursed by the participating districts and nonpublic schools. Those reimbursements shall be returned to the fund from which payments for the distribution costs were made.
History: En. 75-8004 by Sec. 445, Ch. 5, L. 1971; R.C.M. 1947, 75-8004; amd. Sec. 18, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-204. Duties of trustees

20-10-204. Duties of trustees.
(1) The trustees of any district offering school food services may:
(a) enter into contracts with the superintendent of public instruction for the purpose of obtaining funds, supplies and equipment, food commodities, and facilities necessary for the establishment, operation, and maintenance of the school food services;
(b) sell food to the pupils and adults participating in the school food services in accordance with the policies of the superintendent of public instruction;
(c) accept any gift for use of the school food services;
(d) allocate federal funds received in lieu of property taxation to the school food services fund in accordance with the provisions of 20-10-205; and
(e) adopt such policies for the operation of school food services as are consistent with the regulations of the superintendent of public instruction and with the laws of Montana.
(2) When the trustees of any district offer school food services, they shall establish a school food services fund for the deposit of proceeds from the sale of food, gifts, and other moneys specified in this section and for the expenditure of such moneys in support of the school food services.
History: En. 75-8005 by Sec. 446, Ch. 5, L. 1971; R.C.M. 1947, 75-8005.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-205. Allocation of federal funds to school food services fund for federally connected, indigent pupils

20-10-205. Allocation of federal funds to school food services fund for federally connected, indigent pupils.
The trustees of any school district receiving federal reimbursement in lieu of taxes may request the allocation of a portion of those federal funds to the school food services fund to provide free meals for federally connected, indigent pupils when the pupils are declared eligible. In granting the request, the county superintendent shall comply with the following procedures:
(1) The indigency must be certified by the local office of public assistance, assisted by a committee of three composed of the county superintendent, a representative of the county health department, and an authorized representative of the district.
(2) A certified, detailed claim for the amount of the federal reimbursement in lieu of taxes that is to be allocated to the school food services fund must be filed by the district with the county superintendent. The county superintendent shall confirm or adjust the amount of the claim by:
(a) determining that the pupils included on the claim have been declared indigent under subsection (1);
(b) determining the number of meals provided the indigent pupils by the school food services;
(c) determining the price for each meal that is charged to the nonindigent pupil; and
(d) multiplying the number of meals provided to indigent pupils by the price for each meal.
(3) After the county superintendent's confirmation or adjustment of the claim, the county superintendent shall notify the district and the county treasurer of the approved amounts for allocation to the school food services fund. The district shall deposit the approved amount in the school food services fund on receipt of the succeeding federal payment in lieu of taxes.
History: En. 75-8006 by Sec. 447, Ch. 5, L. 1971; R.C.M. 1947, 75-8006; amd. Sec. 63, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-206. Pupils in state institutional schools included

20-10-206. Pupils in state institutional schools included.
The provisions of 20-10-201 through 20-10-205 shall apply to pupils in state institutional schools meeting the requirements established by the superintendent of public instruction and the applicable federal laws and regulations.
History: En. Sec. 1, Ch. 92, L. 1973; R.C.M. 1947, 75-8007.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 2. Food Services › 20-10-207. School food services fund

20-10-207. School food services fund.
The trustees of any district offering school food services shall establish a school food services fund under the provisions of 20-10-204. Such fund shall be a nonbudgeted fund and shall be financially administered under the provisions of this title for a nonbudgeted fund.
History: En. 75-7211 by Sec. 350, Ch. 5, L. 1971; R.C.M. 1947, 75-7211.
2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-102. Community choice schools -- legislative findings and intent

20-11-102. Community choice schools -- legislative findings and intent.
(1) The legislature finds, pursuant to the authority and duties provided in Article X, section 1(3), of the Montana constitution, that:
(a) parents desire education options for their children;
(b) expanding educational opportunities for K-12 education within the state is a valid public purpose; and
(c) creating options that empower parents, encourage students to develop their full educational potential, provide a variety of professional opportunities for teachers, and encourage educational entrepreneurship is vital to the economic competitiveness of the state.
(2) It is the legislature's intent, pursuant to the authority and duties provided in Article X, section 1(3), of the Montana constitution, to create other public educational programs and institutions through choice schools. The purposes are to:
(a) enable parents to make decisions on how best to educate their children;
(b) provide other public educational opportunities for all students, especially those at risk of academic failure or academic disengagement;
(c) encourage the use of different models of teaching, governing, scheduling, and providing instruction to meet a wide variety of student and community needs; and
(d) advance Montana's commitment to the preservation of American Indian cultural identity, pursuant to Article X, section 1(2), of the Montana constitution, and to eliminate the American Indian achievement gap by encouraging participation in the choice school program by students, parents, and school districts in Indian country.
History: En. Sec. 2, Ch. 513, L. 2023.