reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-209. Lapse of budgeted appropriations and provision for unpaid claims

20-9-209. Lapse of budgeted appropriations and provision for unpaid claims.
(1) All appropriations for a budgeted fund in the regular budget or for a budget amendment for a given school fiscal year lapse on the last day of the school fiscal year, except the appropriations for:
(a) uncompleted improvements in progress of construction; and
(b) an obligation for the purchase of personal property ordered but not paid for during the current fiscal year.
(2) A lawful claim presented to the district for payment under a lapsed appropriation is an obligation of the budget for the next school fiscal year.
History: En. 75-6813 by Sec. 249, Ch. 5, L. 1971; R.C.M. 1947, 75-6813; amd. Sec. 1, Ch. 478, L. 1983; amd. Sec. 20, Ch. 767, L. 1991; amd. Sec. 4, Ch. 260, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-210. Expenditure limitation of nonbudgeted fund

20-9-210. Expenditure limitation of nonbudgeted fund.
The expenditure limitation, at any time during the school fiscal year, for a nonbudgeted fund is the amount of cash balance of the nonbudgeted fund.
History: En. 75-6814 by Sec. 250, Ch. 5, L. 1971; R.C.M. 1947, 75-6814; amd. Sec. 21, Ch. 767, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-211. Repealed

20-9-211. Repealed.
Sec. 26, Ch. 152, L. 2011.
History: En. 75-6804 by Sec. 240, Ch. 5, L. 1971; R.C.M. 1947, 75-6804; amd. Sec. 16, Ch. 133, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-214. Fees

20-9-214. Fees.
(1) The trustees of a district may:
(a) require pupils in the commercial, industrial arts, music, domestic science, scientific, or agricultural courses to pay reasonable fees to cover the actual cost of breakage and of excessive supplies used; and
(b) charge pupils a reasonable fee for a course or activity not reasonably related to a recognized academic and educational goal of the district or a course or activity held outside normal school functions. The trustees may waive the fee in cases of financial hardship.
(2) The fees collected pursuant to subsection (1)(a) must be deposited in the general fund, and the fees collected pursuant to subsection (1)(b) must be deposited in a nonbudgeted fund as provided in 20-9-210.
History: En. 75-6322 by Sec. 135, Ch. 5, L. 1971; R.C.M. 1947, 75-6322; amd. Sec. 1, Ch. 486, L. 1985; amd. Sec. 22, Ch. 767, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-215. Destruction of certain financial records

20-9-215. Destruction of certain financial records.
Any claim, warrant, voucher, bond, or treasurer's general receipt may be destroyed by any county or school district officer after a period of 5 years.
History: En. Sec. 4, Ch. 92, L. 1935; re-en. Sec. 455.4, R.C.M. 1935; amd. Sec. 12, Ch. 189, L. 1953; amd. Sec. 1, Ch. 90, L. 1963; amd. Sec. 1, Ch. 95, L. 1967; R.C.M. 1947, 59-516; amd. Sec. 5, Ch. 384, L. 1979; amd. Sec. 3, Ch. 543, L. 1983.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-220. Clearing accounts

20-9-220. Clearing accounts.
(1) A clearing account may be used by a school district for bookkeeping purposes if:
(a) all funds from the account are disbursed through issuance of warrants as provided in 20-9-221;
(b) records are kept showing the source and use of the funds that passed through the account; and
(c) the balance in the account is no greater than the amount necessary to cover outstanding warrants written against the account.
(2) An elementary school district and a high school district that are unified may use the same clearing account if the account is maintained in accordance with rules adopted by the superintendent of public instruction.
(3) Nothing in this section may be construed to allow the use of funds for any purpose or in any manner other than that expressly authorized in this title.
History: En. Sec. 1, Ch. 263, L. 1987.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-221. Procedure for issuance of warrants

20-9-221. Procedure for issuance of warrants.
(1) The trustees of each district shall issue all warrants, and the warrants must identify the fund on which the warrant is drawn.
(2) All warrants issued by a district must be countersigned by the presiding officer of the trustees and the clerk of the district before the warrants are negotiable. Facsimile signatures may be used in accordance with the provisions of 2-16-114. A facsimile signature device used under authority of this section may not be available to the other countersigner of the warrant, or the device must have a nonresettable metering control that can provide a positive reconciliation between the number of warrants issued and the number of signatures applied. Either split signature plates or a double signature plate may be used according to the requirements of the district. The signature plates and the device keys must be kept secure by the district clerk under the supervision of the board of trustees of the district.
(3) The trustees may issue warrants in multiple copies. If multiple copies are issued, the copies must be identified on the face of the warrant as "Not Negotiable--Copy of Original".
(4) However, the trustees may elect to issue warrants in payment of wages and salaries on a direct deposit basis to the employee's account in a local bank, provided the consent of the employee has been obtained and the employee is given an itemized statement of payroll deductions for each pay period.
History: En. 75-6810 by Sec. 246, Ch. 5, L. 1971; amd. Sec. 1, Ch. 341, L. 1971; amd. Sec. 2, Ch. 241, L. 1973; R.C.M. 1947, 75-6810; amd. Sec. 1, Ch. 279, L. 1979; amd. Sec. 1, Ch. 43, L. 1989; amd. Sec. 23, Ch. 767, L. 1991; amd. Sec. 7, Ch. 260, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-222. Repealed

20-9-222. Repealed.
Sec. 12, Ch. 260, L. 1995.
History: En. 75-6811 by Sec. 247, Ch. 5, L. 1971; amd. Sec. 3, Ch. 241, L. 1973; R.C.M. 1947, 75-6811.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-223. Cancellation of outstanding warrants -- duplication

20-9-223. Cancellation of outstanding warrants -- duplication.
The trustees of any school district shall be authorized to cancel any warrant that has been issued for at least 1 year. However, the contractual obligation of the district that has been satisfied by the issuance of the warrant shall not be terminated until the time specified by 27-2-202(1) has elapsed. When a warrant has been canceled and the obligation has not terminated under 27-2-202(1), the district may issue a duplicate warrant without the completion of an indemnity bond by the payee.
History: En. Sec. 1, Ch. 365, L. 1973; R.C.M. 1947, 75-6811.1.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-224. Repealed

20-9-224. Repealed.
Sec. 12, Ch. 260, L. 1995.
History: En. 75-6811.2 by Sec. 1, Ch. 329, L. 1977; R.C.M. 1947, 75-6811.2; amd. Sec. 1, Ch. 83, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-225. Definitions relating to interest assessment

20-9-225. Definitions relating to interest assessment.
As used in 20-9-226 and 20-9-227, the following definitions apply:
(1) "Services" means the furnishing of labor, time, or effort, including construction services, purchased or contracted for by a school district.
(2) "Supplies" means all personal property purchased, leased, or contracted for by a school district, including leases of equipment. The term also includes leases of buildings or other real property by a school district.
History: En. Sec. 4, Ch. 413, L. 1985.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-226. Interest assessed on amounts due

20-9-226. Interest assessed on amounts due.
(1) Except as provided in 20-9-227, a school district shall pay simple interest at the rate of 0.05% each day on amounts due for supplies and services received if the district fails to make timely payment.
(2) For purposes of this section, payment is timely if a warrant is mailed or is otherwise made available to the payee when due and for the amount specified in the applicable contract or agreement. If no date is specified in the applicable contract or agreement, payment is timely if paid within 45 days after receipt of a properly completed invoice, addressed to the payer school district, or receipt of the supplies or services by the school district, whichever is later.
History: En. Sec. 5, Ch. 413, L. 1985.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-227. Exemptions from interest assessment

20-9-227. Exemptions from interest assessment.
Section 20-9-226 does not apply to the following:
(1) third-class school districts where the board of trustees does not meet monthly;
(2) interdistrict or intergovernmental transactions;
(3) claims subject to a good faith dispute;
(4) delinquencies due to natural disasters, disruptions in postal or delivery service, work stoppage due to labor disputes, power failures, or any other cause resulting from circumstances clearly beyond the control of the district;
(5) contracts entered into before October 1, 1985; or
(6) wages due and payable to school district employees or payments from any retirement system created pursuant to Title 19.
History: En. Sec. 6, Ch. 413, L. 1985.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-231. Metal mines tax reserve fund

20-9-231. Metal mines tax reserve fund.
(1) The governing body of a local school district receiving tax collections under 15-37-117(1)(e) may establish a metal mines tax reserve fund to be used to hold the collections. The governing body may hold money in the fund for any time period considered appropriate by the governing body. Money held in the fund may not be considered as fund balance for the purpose of reducing mill levies.
(2) Money may be expended from the fund for any purpose provided by law.
(3) Money in the fund must be invested as provided by law. Interest and income from the investment of the metal mines tax reserve fund must be credited to the fund.
(4) The fund must be financially administered as a nonbudgeted fund under the provisions of this title.
History: En. Sec. 18, Ch. 672, L. 1989; amd. Sec. 24, Ch. 767, L. 1991; amd. Sec. 7, Ch. 577, L. 1995; amd. Sec. 6, Ch. 144, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-236. Transfer of funds -- improvements to school safety and security

20-9-236. Transfer of funds -- improvements to school safety and security.
(1) A school district that has certified to the office of public instruction a current school safety plan or emergency operations plan pursuant to 20-1-401 may transfer state or local revenue from any budgeted or nonbudgeted fund, other than the debt service fund or retirement fund, to its building reserve fund in an amount not to exceed the school district's estimated costs of improvements to school and student safety and security as follows:
(a) planning for improvements to and maintenance of school and student safety, including but not limited to the cost of staffing for or services provided by architects, engineers, school resource officers, counselors, and other staff or consultants assisting the district with improvements to school and student safety and security;
(b) programs and training for school employees, students, parents, and community members approved by the trustees to support school and student safety and security, including but not limited to active shooter training, threat assessment practices pursuant to 20-1-401(3)(b), and restorative justice;
(c) installing or updating locking mechanisms and ingress and egress systems at public school access points, including but not limited to systems for exterior egress doors and interior passageways and rooms, using contemporary technologies;
(d) installing or updating bullet-resistant windows and barriers; and
(e) installing or updating emergency response systems using contemporary technologies.
(2) Any transfers made pursuant to subsection (1) are not considered expenditures to be applied against budget authority. Any revenue transfers that are not encumbered for expenditures in compliance with subsection (1) within 2 full school fiscal years after the funds are transferred must be transferred back to the originating fund from which the revenue was transferred.
(3) The intent of this section is to increase the flexibility and efficiency of school districts without an increase in local taxes. In furtherance of this intent, if transfers of funds are made from any school district fund supported by a nonvoted levy, the district may not increase its nonvoted levy for the purpose of restoring the transferred funds.
History: En. Sec. 9, Ch. 364, L. 2013; amd. Sec. 2, Ch. 323, L. 2015; amd. Sec. 3, Ch. 404, L. 2017; amd. Sec. 1, Ch. 253, L. 2019; amd. Sec. 2, Ch. 245, L. 2021; amd. Sec. 2, Ch. 348, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 2. Administration of Finances › 20-9-250. Innovative educational program account -- revenue allocated -- appropriations from account

20-9-250. (Temporary) Innovative educational program account -- revenue allocated -- appropriations from account.
(1) There is an innovative educational program account in the state special revenue fund established in 17-2-102. The funds in the account must be administered by the superintendent of public instruction.
(2) The superintendent of public instruction shall deposit in the account innovative educational program donations transferred from school districts because the donations exceed the limits provided for in 15-30-3110(7).
(3) Interest and earnings on the account must be deposited in the account.
(4) Money in the account is statutorily appropriated, as provided in 17-7-502, to the superintendent of public instruction for distribution pursuant to 15-30-3110(7)(c) to school districts that receive advanced opportunity aid under 20-7-1506(4). The funds must be distributed in addition to the advanced opportunity aid distributions under 20-7-1506(4) and at the same time and in the same proportion as the advanced opportunity aid distributions. (Terminates December 31, 2029--sec. 12, Ch. 558, L. 2023.)
History: En. Sec. 1, Ch. 558, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-301. Repealed

20-9-301. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6901 by Sec. 251, Ch. 5, L. 1971; R.C.M. 1947, 75-6901; amd. Sec. 25, Ch. 11, Sp. L. June 1989; amd. Sec. 25, Ch. 767, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-302. School isolation

20-9-302. School isolation.
(1) Except as provided in 20-6-502(4)(b), the trustees of any district operating an elementary school of less than 10 ANB or a high school of less than 25 ANB for 2 consecutive years shall apply to have the school classified as an isolated school. The application must be submitted by the trustees to the county superintendent by May 1 of the second consecutive year that enrollment falls below the amount specified in this subsection. The application must include:
(a) the name of each pupil who will attend the school during the ensuing school fiscal year with the distance the pupil resides from the nearest county road or highway;
(b) a description of conditions affecting transportation such as poor roads, mountains, rivers, or other obstacles to travel, the distance the school is from the nearest open school having room and facilities for the pupils of the school, or any other condition that would result in an unusual hardship to the pupils of the school if they were transported to another school; and
(c) any other information prescribed by the superintendent of public instruction.
(2) The county superintendent shall submit the applications to the board of county commissioners for their consideration on or before May 15. The board shall approve or disapprove the application on the basis of the criteria established by the superintendent of public instruction. The board may approve an application because of the existence of other conditions which would result in an unusual hardship to the pupils of the school if they were transported to another school.
(3) When an application is approved, the county superintendent shall submit the application to the superintendent of public instruction before June 1. The superintendent of public instruction shall approve or disapprove the application for isolated classification by the fourth Monday of June on the basis of the information supplied by the application or objective information the superintendent of public instruction may collect on the superintendent's own initiative. An elementary or high school may not be considered an isolated school until the approval of the superintendent of public instruction has been received.
History: En. 75-6608 by Sec. 206, Ch. 5, L. 1971; amd. Sec. 1, Ch. 212, L. 1973; R.C.M. 1947, 75-6608; amd. Sec. 1, Ch. 347, L. 1981; amd. Sec. 2, Ch. 105, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-303. Nonisolated school BASE budget funding -- special education funds

20-9-303. Nonisolated school BASE budget funding -- special education funds.
(1) An elementary school that has an ANB of nine or fewer pupils for 2 consecutive years and that is not approved as an isolated school under the provisions of 20-9-302 may budget and spend the BASE budget amount, but the county and state shall provide one-half of the direct state aid, and the district shall finance the remaining one-half of the direct state aid by a tax levied on the property of the district. When a school of nine or fewer pupils is approved as isolated under the provisions of 20-9-302, the county and state shall participate in the financing of the total amount of the direct state aid.
(2) Funds provided to support the special education program may be expended only for special education purposes as approved by the superintendent of public instruction in accordance with the special education budgeting provisions of this title. Expenditures for special education must be accounted for separately from and in addition to the balance of the school district general fund budgeting requirements provided in 20-9-308. The amount of the special education allowable cost payments that is not matched with district funds, as required in 20-9-321, will reduce by a like amount the district's ensuing year's allowable cost payment for special education.
History: En. 75-6906 by Sec. 256, Ch. 5, L. 1971; amd. Sec. 8, Ch. 137, L. 1973; amd. Sec. 2, Ch. 345, L. 1974; R.C.M. 1947, 75-6906; amd. Sec. 1, Ch. 317, L. 1981; amd. Sec. 2, Ch. 347, L. 1981; amd. Sec. 26, Ch. 11, Sp. L. June 1989; amd. Sec. 18, Ch. 633, L. 1993; amd. Sec. 5, Ch. 208, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-304. Repealed

20-9-304. Repealed.
Sec. 3, Ch. 325, L. 1993.
History: En. 75-6925 by Sec. 275, Ch. 5, L. 1971; R.C.M. 1947, 75-6925; amd. Sec. 25, Ch. 609, L. 1987; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-305. Proration and calculation of BASE funding program for joint district

20-9-305. Proration and calculation of BASE funding program for joint district.
(1) In joint districts, the direct state aid of a joint district must be prorated among the counties in which any part of the joint district is located for the purpose of determining the amount of each source of revenue for the direct state aid for which each county is obligated. The proration of the joint district direct state aid must be calculated as follows:
(a) Divide the joint district direct state aid by the ANB of the joint district to determine the per-ANB amount of the direct state aid.
(b) Determine the ANB for each county's portion of the joint district on the basis of each pupil's resident county. When taken together, the sum of the ANB assigned to all the counties must equal the total ANB for the joint district.
(c) Multiply the per-ANB amount of the direct state aid determined in subsection (1)(a) by the ANB for each county's portion, as determined in subsection (1)(b), to determine the portion of the direct state aid for each county.
(2) The portion of a joint district direct state aid for each county, as determined in subsection (1)(c), is a separate direct state aid amount in the county for the purposes of calculating the various revenues for the BASE funding program. After the calculation of the direct state aid revenues, the remainder of the general fund revenues must be calculated in accordance with the provisions for general fund financing.
History: En. 75-6927 by Sec. 277, Ch. 5, L. 1971; amd. Sec. 13, Ch. 137, L. 1973; R.C.M. 1947, 75-6927; amd. Sec. 19, Ch. 633, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-307. Repealed

20-9-307. Repealed.
Sec. 6, Ch. 208, L. 2005.
History: En. Sec. 2, Ch. 633, L. 1993; amd. Sec. 9, Ch. 343, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-312. Repealed

20-9-312. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905.1 by Sec. 1, Ch. 354, L. 1974; R.C.M. 1947, 75-6905.1; amd. Sec. 1, Ch. 340, L. 1979; amd. Sec. 28, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-314. Repealed

20-9-314. Repealed.
Sec. 8, Ch. 240, L. 2023.
History: En. 75-6904 by Sec. 254, Ch. 5, L. 1971; amd. Sec. 1, Ch. 113, L. 1973; R.C.M. 1947, 75-6904; amd. Sec. 1, Ch. 484, L. 1979; amd. Sec. 1, Ch. 203, L. 1981; amd. Sec. 8, Ch. 337, L. 1989; amd. Sec. 10, Ch. 555, L. 1991; amd. Sec. 21, Ch. 633, L. 1993; amd. Sec. 37, Ch. 18, L. 1995; amd. Sec. 19, Ch. 22, L. 1997; amd. Sec. 16, Ch. 237, L. 2001; amd. Sec. 14, Ch. 462, L. 2005; amd. Sec. 15, Ch. 1, Sp. L. May 2007; amd. Sec. 11, Ch. 400, L. 2013; amd. Sec. 1, Ch. 259, L. 2017; amd. Sec. 3, Ch. 128, L. 2019; amd. Sec. 1, Ch. 107, L. 2021; amd. Sec. 4, Ch. 551, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-315. Repealed

20-9-315. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(part); amd. Sec. 1, Ch. 72, L. 1979; amd. Sec. 29, Ch. 11, Sp. L. June 1989; amd. Sec. 26, Ch. 767, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-316. Repealed

20-9-316. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(1) thru (6); amd. Sec. 1, Ch. 690, L. 1979; amd. Sec. 1, Ch. 75, L. 1981; amd. Secs. 2, 5, Ch. 475, L. 1983; amd. Sec. 1, Ch. 629, L. 1983; amd. Sec. 1, Ch. 738, L. 1985; amd. Sec. 1, Ch. 4, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-317. Repealed

20-9-317. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(7) thru (9); amd. Sec. 2, Ch. 690, L. 1979; amd. Sec. 2, Ch. 75, L. 1981; amd. Sec. 2, Ch. 629, L. 1983; amd. Sec. 2, Ch. 738, L. 1985; amd. Sec. 2, Ch. 4, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-318. Repealed

20-9-318. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(10) thru (15); amd. Sec. 3, Ch. 690, L. 1979; amd. Sec. 3, Ch. 75, L. 1981; amd. Secs. 3, 5, Ch. 475, L. 1983; amd. Sec. 3, Ch. 629, L. 1983; amd. Sec. 3, Ch. 738, L. 1985; amd. Sec. 1, Ch. 7, Sp. L. June 1986; amd. Sec. 3, Ch. 666, L. 1987; amd. Sec. 30, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-319. Repealed

20-9-319. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(16) thru (18); amd. Sec. 4, Ch. 690, L. 1979; amd. Sec. 4, Ch. 75, L. 1981; amd. Sec. 4, Ch. 629, L. 1983; amd. Sec. 4, Ch. 738, L. 1985; amd. Sec. 2, Ch. 7, Sp. L. June 1986; amd. Sec. 4, Ch. 666, L. 1987; amd. Sec. 31, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-320. Repealed

20-9-320. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. 75-6905 by Sec. 255, Ch. 5, L. 1971; amd. Sec. 1, Ch. 404, L. 1971; amd. Sec. 1, Ch. 400, L. 1973; amd. Sec. 1, Ch. 345, L. 1974; amd. Sec. 1, Ch. 347, L. 1974; amd. Sec. 1, Ch. 518, L. 1975; amd. Sec. 1, Ch. 505, L. 1977; R.C.M. 1947, 75-6905(19); amd. Sec. 32, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-322. Repealed

20-9-322. Repealed.
Sec. 54, Ch. 633, L. 1993.
History: En. Sec. 1, Ch. 475, L. 1983; amd. Sec. 9, Ch. 337, L. 1989; amd. Sec. 34, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-323. Repealed

20-9-323. Repealed.
Sec. 1, Ch. 106, L. 2021; sec. 138, Ch. 261, L. 2021.
History: En. Sec. 22, Ch. 418, L. 2011; amd. Sec. 12, Ch. 400, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-324. Incentives for school districts meeting legislative goal for competitive base pay of teachers in public school districts -- definitions

20-9-324. Incentives for school districts meeting legislative goal for competitive base pay of teachers in public school districts -- definitions.
(1) A district, as defined in 20-6-101, must receive an extra quality educator payment for certain quality educators, calculated as provided in 20-9-306(16), if it meets the legislative goal for competitive base pay of teachers in subsection (2).
(2) The legislative goal for competitive base pay of teachers is a teacher base pay that in the applicable year:
(a) is equal to at least 10 times as much as the quality educator payment amount provided in 20-9-306(16); and
(b) for a school district classified as first class pursuant to Title 20, chapter 6, is not less than 70% of the teacher average pay in the school district.
(3) A district seeking an incentive for the subsequent school fiscal year under this section shall, by December 1, provide the data necessary, as determined by the superintendent of public instruction, to verify:
(a) that the district has met the legislative goal established in subsection (2) for the current year; and
(b) the number of full-time equivalent teachers that are in the first 3 years of the teacher's teaching career in the current year. The first 3 years of a teacher's teaching career do not include a year of teaching under an emergency authorization pursuant to 20-4-111.
(4) For the purposes of this section, the following definitions apply:
(a) "Teacher" means an individual who:
(i) holds a current class 1, 2, 4, 5, 6, or 7 license issued by the office of public instruction under rules adopted by the board of public education pursuant to 20-4-102; and
(ii) is employed by a school district in an instructional position requiring teacher licensure.
(b) "Teacher average pay" means the total compensation paid by a school district to all of its teachers, not including bonuses, stipends, or extended duty contracts, divided by the total full-time equivalent teachers employed in the district, with full-time equivalence rounded to the nearest tenth.
(c) "Teacher base pay" means the lowest salary for a beginning teacher incorporated in the district's collective bargaining agreement if the teachers' employment is covered by a collective bargaining agreement pursuant to Title 39, chapter 31, or incorporated in district policy if the teachers' employment is not covered by a collective bargaining agreement, not including bonuses, stipends, or extended duty contracts.
History: En. Sec. 1, Ch. 60, L. 2021; amd. Sec. 1, Ch. 515, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-325. Data-for-achievement payment

20-9-325. Data-for-achievement payment.
(1) The state shall provide a data-for-achievement payment to public school districts as defined in 20-6-101 and 20-6-701. The data-for-achievement payment is calculated as provided in 20-9-306.
(2) Funds received for the data-for-achievement payment must be used by a school district to pay for access fees or other costs associated with use of or participation in the statewide data system administered by the office of public instruction or a comparable data system provided by a private vendor, including data entry and staff training on use of the systems.
(3) Unless funds are otherwise appropriated at higher amounts by the legislature, the office of public instruction may spend no more than $500,000 per biennium for the purposes of mediating with vendors, developing a plan, preparing a request for proposal solicitation package, managing the vendor contract, and implementing a plan with school districts for the statewide data system. This limitation does not apply if the office of public instruction develops and administers the statewide data system without a vendor.
History: En. Sec. 2, Ch. 400, L. 2013; amd. Sec. 2, Ch. 60, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-326. Annual inflation-related adjustments to basic entitlements and per-ANB entitlements

20-9-326. Annual inflation-related adjustments to basic entitlements and per-ANB entitlements.
(1) In preparing and submitting an agency budget pursuant to 17-7-111 and 17-7-112, the superintendent of public instruction shall determine the inflation factor for the basic and per-ANB entitlements, the data-for-achievement payment, the per-ANB amount used to calculate the total special education allocation in 20-9-306, and the general fund payments in 20-9-327 through 20-9-330 in each fiscal year of the ensuing biennium. The inflation factor is calculated as follows:
(a) for the first year of the biennium, divide the consumer price index for July 1 of the prior calendar year by the consumer price index for July 1 of the calendar year 3 years prior to the prior calendar year and raise the resulting ratio to the power of one-third; and
(b) for the second year of the biennium, divide the consumer price index for July 1 of the current calendar year by the consumer price index for July 1 of the calendar year 3 years prior to the current calendar year and raise the resulting ratio to the power of one-third.
(2) The present law base for the entitlements referenced in subsection (1), calculated under Title 17, chapter 7, part 1, must consist of any enrollment increases or decreases plus the inflation factor calculated pursuant to this section, not to exceed 3% in each year, applied to both years of the biennium.
(3) For the purposes of this section, "consumer price index" means the consumer price index, U.S. city average, all urban consumers, for all items, using the 1982-84 base of 100, as published by the bureau of labor statistics of the U.S. department of labor.
History: En. Sec. 1, Ch. 550, L. 2003; amd. Sec. 13, Ch. 400, L. 2013; amd. Sec. 2, Ch. 470, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-327. Quality educator payment

20-9-327. Quality educator payment.
(1) (a) The state shall provide a quality educator payment to:
(i) public school districts, as defined in 20-6-101 and 20-6-701;
(ii) special education cooperatives, as described in 20-7-451;
(iii) the Montana school for the deaf and blind, as described in 20-8-101;
(iv) correctional facilities, as defined in 41-5-103; and
(v) the Montana youth challenge program.
(b) A special education cooperative that has not met the requirements of 20-7-454 may not be funded under the provisions of this section except by approval of the superintendent of public instruction.
(2) (a) The quality educator payment for special education cooperatives must be distributed directly to those entities by the superintendent of public instruction.
(b) The quality educator payment for the Montana school for the deaf and blind must be distributed to the Montana school for the deaf and blind.
(c) The quality educator payment for Pine Hills correctional facility and the facility under contract with the department of corrections for female, as defined in 1-1-201, youth must be distributed to those facilities by the department of corrections.
(d) The quality educator payment for the Montana youth challenge program must be distributed to that program by the department of military affairs.
(3) The quality educator payment is calculated as provided in 20-9-306, using the number of full-time equivalent educators, as reported to the superintendent of public instruction for accreditation purposes in the previous school year, each of whom:
(a) holds a valid certificate under the provisions of 20-4-106 and is employed by an entity listed in subsection (1) of this section in a position that requires an educator license in accordance with the administrative rules adopted by the board of public education;
(b) (i) is a licensed professional under 37-8-405, 37-8-415, 37-11-301, 37-15-301, 37-17-302, 37-24-301, 37-25-302, 37-39-308, 37-39-309, or 37-39-311; and
(ii) is employed by an entity listed in subsection (1) to provide services to students; or
(c) (i) holds an American Indian language and culture specialist license; and
(ii) is employed by an entity listed in subsection (1) to provide services to students in an Indian language immersion program pursuant to Title 20, chapter 7, part 14.
History: En. Sec. 1, Ch. 4, Sp. L. December 2005; amd. Sec. 8, Ch. 94, L. 2007; amd. Sec. 1, Ch. 354, L. 2007; amd. Sec. 16, Ch. 1, Sp. L. May 2007; amd. Sec. 5, Ch. 442, L. 2015; amd. Sec. 3, Ch. 344, L. 2019; amd. Sec. 4, Ch. 339, L. 2021; amd. Sec. 9, Ch. 685, L. 2023; amd. Sec. 16, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-328. At-risk student payment

20-9-328. At-risk student payment.
(1) The state shall provide an at-risk student payment to public school districts, as defined in 20-6-101 and 20-6-701, for at-risk students, as defined in 20-1-101 and referred to in 20-9-309.
(2) The at-risk student payment must be distributed to public school districts by the office of public instruction in the same manner that the office of public instruction allocates the funds received under 20 U.S.C. 6332, et seq. The office of public instruction shall prorate payments to districts based upon the available appropriation.
(3) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the change in status of standardized test scores, graduation rates, and drop-out rates of at-risk students.
History: En. Sec. 2, Ch. 4, Sp. L. December 2005; amd. Sec. 2, Ch. 118, L. 2013; amd. Sec. 54, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-329. Indian education for all payment

20-9-329. Indian education for all payment.
(1) Except as provided in subsection (5), the state shall provide an Indian education for all payment to public school districts, as defined in 20-6-101 and 20-6-701, to implement the provisions of Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5.
(2) The Indian education for all payment is calculated as provided in 20-9-306 and is a component of the BASE budget of the district.
(3) The district shall deposit the payment in the general fund of the district.
(4) (a) A public school district that receives an Indian education for all payment may not divert the funds to any purpose other than curriculum development of an American Indian studies program, providing curriculum and materials to students for the program, and providing training to teachers about the program's curriculum and materials.
(b) A public school district shall file an annual report with the office of public instruction, in a form and by a date prescribed by the superintendent of public instruction, that specifies how the Indian education for all funds were expended in the prior school fiscal year in sufficient detail to ensure that all the funds were properly spent for the purposes under subsection (4)(a) In addition to the expenditure reporting, the report must include detailed descriptions of:
(i) the instruction provided to certified personnel and students as required under 20-1-503; and
(ii) how this instruction was developed cooperatively with the advice and assistance of Montana tribes pursuant to Title 20, chapter 1, part 5.
(5) (a) A school district that fails to file the annual report required under subsection (4) is ineligible for the funding under this section for subsequent school fiscal years until the report is filed.
(b) If a school district files a report failing to show that all funds received under this section were spent for the purposes of subsection (4)(a), the school district's BASE budget and funding under this section for the subsequent fiscal year must be reduced by the amount of funding received that was not spent for the purposes of subsection (4)(a).
History: En. Sec. 3, Ch. 4, Sp. L. December 2005; amd. Sec. 17, Ch. 1, Sp. L. May 2007; amd. Sec. 4, Ch. 718, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-330. American Indian achievement gap payment

20-9-330. American Indian achievement gap payment.
(1) The state shall provide an American Indian achievement gap payment to public school districts, as defined in 20-6-101 and 20-6-701, for the purpose of closing the educational achievement gap that exists between American Indian students and non-Indian students.
(2) (a) The American Indian achievement gap payment is calculated as provided in 20-9-306, using the number of American Indian students enrolled in the district based on the count of regularly enrolled students on the first Monday in October of the prior school year as reported to the office of public instruction.
(b) A school district may not require a student to disclose the student's race.
(3) The district shall deposit the payment in the general fund of the district.
(4) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the change in status of standardized test scores, graduation rates, and drop-out rates of American Indian students.
History: En. Sec. 4, Ch. 4, Sp. L. December 2005; amd. Sec. 18, Ch. 1, Sp. L. May 2007; amd. Sec. 3, Ch. 118, L. 2013; amd. Sec. 55, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-332. Fines and penalties proceeds for elementary county equalization

20-9-332. Fines and penalties proceeds for elementary county equalization.
All fines and penalties collected under the provisions of this title, except those collected by a justice's court, must be paid into the elementary county equalization fund as provided by 20-9-331(2)(c). In order to implement this section and any other provision of law requiring the deposit of fines in the elementary county equalization fund, a report must be made to the county superintendent of the county, at the close of each term, by the clerk of each district court, reporting all fines imposed and collected during the term and indicating the type of violation and the date of collection.
History: En. 75-8302 by Sec. 486, Ch. 5, L. 1971; R.C.M. 1947, 75-8302; amd. Sec. 3, Ch. 413, L. 1983; amd. Sec. 16, Ch. 557, L. 1987; amd. Sec. 21, Ch. 22, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-334. Repealed

20-9-334. Repealed.
Sec. 9, Ch. 464, L. 2001.
History: En. 75-6914 by Sec. 264, Ch. 5, L. 1971; amd. Sec. 19, Ch. 266, L. 1977; R.C.M. 1947, 75-6914; amd. Sec. 3, Ch. 552, L. 1985; amd. Sec. 6, Ch. 711, L. 1991; amd. Sec. 8, Ch. 765, L. 1991; amd. Sec. 6, Ch. 6, Sp. L. July 1992; amd. Sec. 23, Ch. 22, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-335. Formula for apportionment of county equalization money

20-9-335. Formula for apportionment of county equalization money.
(1) The superintendent of public instruction shall calculate the apportionment of revenue available in the elementary and high school county equalization funds in accordance with the following procedure:
(a) determine the percentage that the county equalization money available for the support of the elementary direct state aid of the districts in the county is of the total elementary direct state aid of all districts in the county;
(b) multiply the elementary direct state aid amount of each district by the percentage determined in subsection (1)(a) to determine the portion of the county equalization money available to each school district.
(2) The procedure in subsection (1) must also be applied for the high school direct state aid.
(3) Territory situated within a county may not be excluded from the calculations of the county equalization money under this section solely because the territory lies within the boundaries of a joint district. Cash balances to the credit of any district at the end of a school fiscal year may not be considered in the apportionment procedure prescribed in this section.
(4) The county equalization money reported under these procedures is the first source of revenue for financing the elementary and high school direct state aid payments.
History: En. 75-6915 by Sec. 265, Ch. 5, L. 1971; amd. Sec. 11, Ch. 137, L. 1973; amd. Sec. 1, Ch. 255, L. 1973; R.C.M. 1947, 75-6915; amd. Sec. 4, Ch. 413, L. 1983; amd. Sec. 4, Ch. 299, L. 1985; amd. Sec. 7, Ch. 6, Sp. L. July 1992; amd. Sec. 47, Ch. 633, L. 1993; amd. Sec. 24, Ch. 22, L. 1997; amd. Sec. 7, Ch. 464, L. 2001; amd. Sec. 6, Ch. 463, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-341. Definition of interest and income money

20-9-341. Definition of interest and income money.
(1) Subject to deductions made under 77-1-109, as used in this title, the term "interest and income money" means the total of the following revenue, as provided for by Article X, section 5, of the 1972 Montana constitution:
(a) 95% of the interest received from the investment of the public school fund;
(b) 95% of the interest received from the investment of any other school funds held in trust by the state board of land commissioners;
(c) 95% of the income received from the leasing of or sale of timber from state school lands; and
(d) 95% of any other income derived from any other covenant affecting the use of state school lands.
(2) The remaining 5% of the revenue described in subsections (1)(a) through (1)(d) must be annually credited to the public school fund after any deductions made under 77-1-109.
History: En. 75-6907 by Sec. 257, Ch. 5, L. 1971; amd. Sec. 9, Ch. 137, L. 1973; R.C.M. 1947, 75-6907; amd. Sec. 3, Ch. 14, Sp. L. January 1992; amd. Sec. 113, Ch. 42, L. 1997; amd. Sec. 5, Ch. 122, L. 1999; amd. Sec. 4, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 3. Funding of Basic System of Quality Public Schools › 20-9-342. Deposit of interest and income money by state board of land commissioners

20-9-342. Deposit of interest and income money by state board of land commissioners.
(1) Except as provided in 20-9-516, the state board of land commissioners shall deposit the interest and income money for each fiscal year into the guarantee account, provided for in 20-9-622, by the last business day of February and June before the close of the fiscal year in which the money was received. Except as provided in subsection (2), money in the guarantee account must be used for state equalization aid.
(2) Any excess interest and income revenue deposited in the guarantee account in each fiscal year must be distributed in accordance with 20-9-622(2).
(3) For purposes of this section, "excess interest and income revenue" means an annual amount in excess of $56 million.
History: En. 75-6908 by Sec. 258, Ch. 5, L. 1971; amd. Sec. 10, Ch. 137, L. 1973; R.C.M. 1947, 75-6908; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 35, Ch. 509, L. 1995; amd. Sec. 4, Ch. 554, L. 2001; amd. Sec. 2, Ch. 10, Sp. L. August 2002; amd. Sec. 12, Ch. 377, L. 2009; amd. Sec. 1, Ch. 93, L. 2011; amd. Sec. 14, Ch. 400, L. 2013; amd. Sec. 7, Ch. 336, L. 2017.