2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-322. Residency determination -- notification -- appeal for attendance agreement

20-5-322. (Temporary) Residency determination -- notification -- appeal for attendance agreement.
(1) In considering an out-of-district attendance agreement, except as provided in 20-9-707, the trustees shall determine the child's district of residence on the basis of the provisions of 1-1-215.
(2) Within 10 days of the initial application for an agreement, the trustees of the district of choice shall notify the parent or guardian of the child and the trustees of the district of residence involved in the out-of-district attendance agreement of the anticipated date for approval or disapproval of the agreement.
(3) Within 10 days of approval or disapproval of an out-of-district attendance agreement, the trustees shall provide copies of the approved or disapproved attendance agreement to the parent or guardian and to the child's district of residence.
(4) Within 15 days of receipt of an approved out-of-district attendance agreement, the trustees of the district of residence shall approve or disapprove the agreement under the provisions of this part and forward the completed agreement to the county superintendent of schools of the county of residence, the trustees of the district of choice, and the parent or guardian.
(5) If an out-of-district attendance agreement is disapproved or no action is taken, the parent may appeal the disapproval or lack of action to the county superintendent and, subsequently, to the superintendent of public instruction under the provisions for the appeal of controversies in this title.
(6) For purposes of payment under 20-5-324(2), a nonresident student who becomes a resident by reaching 18 years of age during the school year may continue to have tuition paid on the student's behalf for the duration of the student's enrollment in the district for that school year.
20-5-322. (Effective July 1, 2024) Residency determination -- notification -- appeal for attendance agreement.
(1) For the purposes of 20-5-320 through 20-5-324, except as provided in 20-9-707, a child's district of residence must be determined on the basis of the provisions of 1-1-215.
(2) Within 10 days of the initial application for an agreement, the trustees of the district of attendance shall notify the parent or guardian of the child and the trustees of the district of residence involved in the out-of-district attendance agreement of the anticipated date for approval or disapproval of the agreement.
(3) Within 10 days of approval or disapproval of an out-of-district attendance agreement, the trustees of the district of attendance shall:
(a) provide copies of the approved or disapproved attendance agreement to the parent or guardian and to the child's district of residence. In the case of a disapproval, the trustees shall provide the specific allowable reason for the disapproval pursuant to 20-5-320(2)(e) or 20-5-321(4) and supporting documentation.
(b) for an approved agreement, provide a copy of the completed agreement to the county superintendent of schools of the county of residence, the county superintendent of schools of the county of attendance, and the superintendent of public instruction.
(4) If an out-of-district attendance agreement is disapproved or no action is taken, the parent or guardian may appeal the disapproval or lack of action to the county superintendent of the district of attendance and, subsequently, to the superintendent of public instruction under the provisions for the appeal of controversies pursuant to 20-3-107 and 20-3-210.
(5) For purposes of payment under 20-5-324(2), a nonresident student who becomes a resident by reaching 18 years of age during the school year may continue to have tuition paid on the student's behalf for the duration of the student's enrollment in the district for that school year.
History: En. Sec. 3, Ch. 563, L. 1993; amd. Sec. 1, Ch. 132, L. 2005; amd. Sec. 2, Ch. 215, L. 2005; amd. Sec. 22, Ch. 44, L. 2007; amd. Sec. 3, Ch. 368, L. 2023.