reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-511. Interlocal cooperative fund

20-9-511. Interlocal cooperative fund.
The trustees of any district serving as a prime agency under an interlocal cooperative agreement shall establish an interlocal cooperative fund under the provisions of 20-9-703 for the financial administration of the interlocal cooperative agreement. Such fund shall be a nonbudgeted fund and shall be financially administered under the provisions of this title for a nonbudgeted fund.
History: En. 75-7216 by Sec. 355, Ch. 5, L. 1971; R.C.M. 1947, 75-7216.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-512. Compensated absence liability fund

20-9-512. Compensated absence liability fund.
(1) The trustees of a school district may establish a compensated absence liability fund for the purpose of paying:
(a) any accumulated amount of sick leave that a nonteaching or administrative school district employee is entitled to upon termination of employment with the district in accordance with the provisions of 2-18-618; and
(b) any accumulated amount of vacation leave that a nonteaching or administrative school district employee is entitled to upon termination of employment with the district.
(2) The compensated absence liability fund may be used only for the stated purpose of this section.
(3) The trustees may transfer money from the general fund, within the adopted budget, to establish and maintain the compensated absence liability fund.
(4) The maximum amount in a reserve fund established under the provisions of subsections (1) and (3) may not exceed 30% of:
(a) the total school district liability for accumulated sick leave of nonteaching and administrative school district employees on June 30 of the current school fiscal year; and
(b) the total school district liability for accumulated vacation leave of nonteaching and administrative school district employees on June 30 of the current school fiscal year.
(5) For the purposes of this section, "administrative school district employee" means a school district employee who is employed in an administrative position and who accrues vacation leave as part of the employee's contract with the school district.
History: En. Sec. 1, Ch. 138, L. 1981; amd. Sec. 10, Ch. 568, L. 1991; amd. Sec. 1, Ch. 754, L. 1991; amd. Sec. 1, Ch. 129, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-513. Repealed

20-9-513. Repealed.
Sec. 94, Ch. 11, Sp. L. June 1989.
History: En. Sec. 1, Ch. 384, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 24, Ch. 658, L. 1987.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-514. Impact aid fund

20-9-514. Impact aid fund.
(1) The trustees of a district that receives federal funds under the provisions of impact aid, as provided in 20 U.S.C. 7701, et seq., shall establish an impact aid fund. Money received under the provisions of 20 U.S.C. 7701, et seq., must be deposited with the county treasurer to the credit of the impact aid fund.
(2) The expenditure of money from the impact aid fund must be made pursuant to 20 U.S.C. 7701, et seq. The impact aid fund must be administered pursuant to the financial administration provisions of this title for nonbudgeted funds.
History: En. Sec. 41, Ch. 633, L. 1993; amd. Sec. 28, Ch. 22, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-515. Litigation reserve fund

20-9-515. Litigation reserve fund.
(1) The trustees of a school district may establish a litigation reserve fund only when litigation that is pending against the district could result in an award against the district.
(2) At the end of each school fiscal year, the trustees of a district may transfer money from the general fund, within the adopted budget, to establish the fund.
(3) Upon conclusion of litigation, the balance of the money in the fund reverts to the general fund and must be used to reduce the district's general fund BASE budget levy requirement computed pursuant to 20-9-141.
History: En. Sec. 1, Ch. 493, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-516. School facility and technology account

20-9-516. School facility and technology account.
(1) There is a school facility and technology account in the state special revenue fund provided for in 17-2-102. The purpose of the account is to provide, contingent on appropriation from the legislature, funding for the following in priority order:
(a) school technology purposes as provided in 20-9-534; and
(b) state debt service assistance as provided in 20-9-371.
(2) There must be deposited in the account:
(a) an amount of money equal to the income attributable to the difference between the average sale value of 18 million board feet and the total income produced from the annual timber harvest on common school trust lands during the fiscal year; and
(b) the income received from certain lands and riverbeds as provided in 17-3-1003(5).
(3) If in any fiscal year the amount of revenue in the school facility and technology account is sufficient to fund debt service assistance without a proration reduction pursuant to 20-9-346(2)(b) and if in that same fiscal year the amount of revenue available in the school major maintenance aid account established in 20-9-525 will result in a proration reduction in school major maintenance aid pursuant to 20-9-525(5) for that fiscal year, the state treasurer shall transfer any excess funds in the school facility and technology account to the school major maintenance aid account not to exceed the amount required to avoid a proration reduction.
History: En. Sec. 8, Ch. 1, Sp. L. May 2007; amd. Sec. 14, Ch. 377, L. 2009; amd. Sec. 2, Ch. 371, L. 2011; amd. Sec. 19, Ch. 418, L. 2011; amd. Sec. 5, Ch. 17, L. 2013; amd. Sec. 7, Ch. 404, L. 2017; amd. Sec. 10, Ch. 6, Sp. L. November 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-517. Repealed

20-9-517. Repealed.
Sec. 2, Ch. 247, L. 2019.
History: En. Sec. 9, Ch. 418, L. 2011; amd. Sec. 5, Ch. 329, L. 2013; amd. Secs. 29, 30, Ch. 400, L. 2013; amd. Sec. 3, Ch. 432, L. 2015; amd. Sec. 3, Ch. 433, L. 2015; amd. Sec. 10, Ch. 336, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-518. Repealed

20-9-518. Repealed.
Sec. 2, Ch. 247, L. 2019.
History: En. Sec. 10, Ch. 418, L. 2011; amd. Sec. 8, Ch. 329, L. 2013; amd. Sec. 3, Ch. 29, L. 2015; amd. Sec. 4, Ch. 433, L. 2015; amd. Sec. 11, Ch. 336, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-520. Repealed

20-9-520. Repealed.
Sec. 2, Ch. 247, L. 2019.
History: En. Sec. 34, Ch. 400, L. 2013; amd. Sec. 4, Ch. 432, L. 2015; amd. Sec. 5, Ch. 433, L. 2015; amd. Sec. 12, Ch. 336, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-532. Repealed

20-9-532. Repealed.
Sec. 94, Ch. 11, Sp. L. June 1989.
History: En. Sec. 2, Ch. 635, L. 1987; amd. Sec. 10, Ch. 337, L. 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-534. Statutory appropriation for school technology purposes

20-9-534. Statutory appropriation for school technology purposes.
(1) The amount of $1 million a year is statutorily appropriated, as provided in 17-7-502, from the school facility and technology account established in 20-9-516 for grants for school technology purposes.
(2) By the third Friday in July, the superintendent of public instruction shall allocate the annual statutory appropriation for school technology purposes to each district based on the ratio that each district's BASE budget bears to the statewide BASE budget amount for all school districts multiplied by the amount of money provided in 20-9-343 for the purposes of 20-9-533.
History: En. Sec. 6, Ch. 517, L. 1995; amd. Sec. 30, Ch. 22, L. 1997; amd. Sec. 6, Ch. 554, L. 2001; amd. Sec. 2, Ch. 3, Sp. L. August 2002; amd. Sec. 15, Ch. 377, L. 2009; amd. Sec. 20, Ch. 152, L. 2011; amd. Sec. 7, Ch. 329, L. 2013; amd. Sec. 2, Ch. 259, L. 2017; amd. Sec. 1, Ch. 475, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-542. Repealed

20-9-542. Repealed.
Sec. 2, Ch. 9, L. 2021.
History: En. Sec. 2, Ch. 237, L. 2001; amd. Sec. 8, Ch. 550, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-543. School flexibility fund -- uses

20-9-543. School flexibility fund -- uses.
(1) The trustees of a district may establish a school flexibility fund and may use the fund, in their discretion, for school district expenditures incurred for:
(a) technological equipment enhancements and expansions considered by the trustees to support enhanced educational programs in the classroom;
(b) facility expansion and remodeling considered by the trustees to support the delivery of educational programs or the removal and replacement of obsolete facilities;
(c) supplies and materials considered by the trustees to support the delivery of enhanced educational programs;
(d) student assessment and evaluation;
(e) the development of curriculum materials;
(f) training for classroom staff considered by the trustees to support the delivery of enhanced educational programs;
(g) purchase, lease, or rental of real property that must be used to provide free or reduced price housing for classroom teachers;
(h) salaries, benefits, bonuses, and other incentives for the recruitment and retention of classroom teachers and other certified staff, subject to collective bargaining when applicable; or
(i) increases in energy costs caused by an increase in energy rates from the rates paid by the district in fiscal year 2001 or from increased use of energy as a result of the expansion of facilities, equipment, or other resources of the district.
(2) The financial administration of the school flexibility fund must be in accordance with the financial administration provisions of this title for a budgeted fund.
History: En. Sec. 3, Ch. 237, L. 2001; amd. Sec. 27, Ch. 457, L. 2015; amd. Sec. 1, Ch. 9, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 5. Special Purpose Funds › 20-9-570. Statewide average per-pupil spending

20-9-570. (Temporary) Statewide average per-pupil spending.
(1) The superintendent of public instruction shall calculate the per-pupil average of total public school expenditures in Montana for the second most recently completed school fiscal year by August 1 of the ensuing school fiscal year and make the calculation available to the public. The calculation is made by dividing total expenditures calculated in subsection (2) by total pupils calculated in subsection (3).
(2) Funds to be included in total school expenditures for the second most recently completed school year include but are not limited to:
(a) district general fund expenditures;
(b) transportation;
(c) bus depreciation;
(d) food services;
(e) tuition;
(f) retirement;
(g) miscellaneous programs;
(h) traffic education;
(i) nonoperating fund;
(j) lease-rental agreement;
(k) compensated absence fund;
(l) metal mines tax reserve;
(m) state mining impact;
(n) impact aid;
(o) litigation reserve;
(p) technology acquisition;
(q) flexibility fund;
(r) debt service;
(s) building reserve; and
(t) interlocal agreement.
(3) Total pupils are computed using an amount equal to the per-pupil average, but not the per-ANB average provided in 20-9-311, for Montana school districts for the second most recently completed school year. (Terminates December 31, 2029--sec. 20, Ch. 480, L. 2021.)
History: En. Sec. 22, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-601. Public school fund

20-9-601. Public school fund.
The public school fund must be maintained by the state treasurer as a fund in the permanent fund type, and the principal amount of the fund is irreducible and permanent. The following money must be credited to the fund as an addition to the irreducible and permanent principal amount:
(1) appropriations and donations by the state;
(2) donations and bequests by individuals to the state or schools;
(3) the proceeds of land and other property that revert to the state by escheat and forfeiture;
(4) the proceeds of all property granted to the state, when the purpose of the grant is not specified or is uncertain;
(5) funds accumulated in the treasury of the state for the disbursement of which provision has not been made by law;
(6) except as provided in 77-1-109, the proceeds of the sale of stone, materials, or other property from school lands other than those granted for specific purposes and all money other than rental recovered from persons trespassing on the lands;
(7) the principal of all money arising from the sale of lands and other property that has been and may be granted to the state for the support of common schools;
(8) except as provided in 77-1-109, the amount earmarked for deposit in this fund under the provisions of 20-9-341; and
(9) other money as may be provided by the legislature.
History: En. 75-7301 by Sec. 356, Ch. 5, L. 1971; R.C.M. 1947, 75-7301; amd. Sec. 16, Ch. 281, L. 1983; amd. Sec. 4, Ch. 14, Sp. L. January 1992; amd. Sec. 6, Ch. 122, L. 1999; amd. Sec. 13, Ch. 34, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-602. Title to farm mortgage lands vested in state and transfers validated

20-9-602. Title to farm mortgage lands vested in state and transfers validated.
(1) The transfer of farm mortgage lands, made by Chapter 250, Laws of 1953, shall be deemed to have vested title in such lands in the state of Montana in trust for the state public school fund.
(2) All contracts, certificates of purchase, deeds, and conveyances executed by the state of Montana in the administration of such lands since March 11, 1953, shall be deemed sufficient in law to dispose of the right, title, and interest therein described by the state of Montana.
History: En. 75-7302 by Sec. 357, Ch. 5, L. 1971; R.C.M. 1947, 75-7302.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-603. Acceptance and expenditure of federal moneys for state

20-9-603. Acceptance and expenditure of federal moneys for state.
(1) The governor and the superintendent of public instruction are authorized on behalf of the state of Montana to request and accept money that is or will be made available under any act of congress of the United States or otherwise for purposes of public school building construction or for any other purposes of public schools and public education as permitted under the laws of the state of Montana and as authorized by the grants from the federal government. The money must be deposited by the governor and superintendent of public instruction in the state treasury and is available for appropriation to the superintendent of public instruction. The money must be expended for the purpose of public school building construction or for any other purposes of public schools and public education as permitted under the laws of the state of Montana and as authorized by the grants from the federal government.
(2) The governor and superintendent of public instruction are further authorized on behalf of the state of Montana to accept money provided from federal sources for the express purpose of distribution to nonpublic education. The money must be deposited by the governor and superintendent of public instruction in the state treasury and is available for appropriation to the superintendent of public instruction. The money must be distributed in the manner provided by the laws of the state of Montana and as authorized or expressed by grants from the federal government.
(3) All expenditures of money from federal sources under this section must be made under the supervision and in the discretion of the superintendent of public instruction. Any balance in the account in which the money is maintained may not lapse at any time but must be continuously available to the superintendent of public instruction for expenditures consistent with this title and acts of the federal government.
History: En. 75-7303 by Sec. 358, Ch. 5, L. 1971; amd. Sec. 1, Ch. 34, L. 1973; (amd. Sec. 7, Ch. 434, L. 1975 -- [unconstitutional, 167 M 261]; Sec. 7, Ch. 434, L. 1975 repealed by Sec. 1, Ch. 4, L. 1977); R.C.M. 1947, 75-7303; amd. Sec. 7, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-615. Voluntary rural residential impact payments

20-9-615. Voluntary rural residential impact payments.
(1) The trustees of a rural school district may negotiate with a real estate developer or subdivision developer in the school district to voluntarily contribute an impact payment to the district's building fund. The maximum amount of the payment that the trustees may accept must be based upon the number of pupils reasonably expected to move into the district because of the real estate development or subdivision development. Negotiations and any resulting contributions must be voluntary.
(2) For the purposes of this section, "rural school district" means a school district in which a majority of the pupils in the district reside outside the limits of any incorporated city or town.
History: En. Sec. 2, Ch. 506, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-620. Definition

20-9-620. Definition.
(1) As used in 20-9-621, 20-9-622, and this section, "distributable revenue" means, except for that portion of revenue described in 20-9-516(2)(a) and 77-1-109, 95% of all revenue from the management of school trust lands and the permanent fund, including timber sale proceeds, lease fees, interest, dividends, and net realized capital gains.
(2) The term does not include mineral royalties or land sale proceeds that are deposited directly in the permanent fund or net unrealized capital gains that remain in the permanent fund until realized.
History: En. Sec. 1, Ch. 418, L. 2001; amd. Sec. 9(1), Ch. 554, L. 2001; amd. Sec. 3, Ch. 3, Sp. L. August 2002; amd. Sec. 16, Ch. 377, L. 2009; amd. Sec. 5, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-621. Permanent fund

20-9-621. Permanent fund.
(1) The public school fund provided for in Article X, section 2, of the Montana constitution consists of the permanent fund, which consists of the permanent corpus fund.
(2) The permanent fund must be invested for the purpose of generating future income for distribution to public elementary and secondary school districts as provided in Article X, section 5, of the Montana constitution.
History: En. Sec. 2, Ch. 418, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-622. Guarantee account

20-9-622. Guarantee account.
(1) There is a guarantee account in the state special revenue fund. The guarantee account is intended to:
(a) stabilize the long-term growth of the permanent fund; and
(b) maintain a constant and increasing distributable revenue stream. All realized capital gains and all distributable revenue must be deposited in the guarantee account. The guarantee account is statutorily appropriated, as provided in 17-7-502, for distribution to school districts as the first source of funding for state equalization aid as provided in 20-9-343.
(2) Any excess interest and income revenue deposited in the guarantee account for distribution under this section must be transferred to the school major maintenance aid account provided for in 20-9-525.
History: En. Sec. 3, Ch. 418, L. 2001; amd. Sec. 9(2), Ch. 554, L. 2001; amd. Sec. 4, Ch. 10, Sp. L. August 2002; amd. Sec. 1, Ch. 291, L. 2003; amd. Sec. 20, Ch. 1, Sp. L. May 2007; amd. Sec. 17, Ch. 377, L. 2009; amd. Sec. 6, Ch. 17, L. 2013; amd. Sec. 32, Ch. 400, L. 2013; amd. Secs. 13, 23, Ch. 336, L. 2017; amd. Sec. 7, Ch. 772, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-630. Repealed

20-9-630. Repealed.
Secs. 11, 13(1), Ch. 2, Sp. L. November 2017.
History: En. Sec. 244, Ch. 574, L. 2001; amd. Sec. 25, Ch. 13, Sp. L. August 2002; amd. Sec. 11, Ch. 550, L. 2003; amd. Sec. 13, Ch. 411, L. 2011; amd. Sec. 34, Ch. 268, L. 2013; amd. Sec. 3, Ch. 205, L. 2017; amd. Sec. 3, Ch. 332, L. 2017; amd. Sec. 14, Ch. 336, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-631. Repealed

20-9-631. Repealed.
Sec. 123, Ch. 2, L. 2009.
History: En. Sec. 245, Ch. 574, L. 2001; amd. Sec. 26, Ch. 13, Sp. L. August 2002; amd. Sec. 1, Ch. 518, L. 2003; amd. Sec. 12, Ch. 550, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-632. Repealed

20-9-632. Repealed.
Secs. 11, 13(1), Ch. 2, Sp. L. November 2017.
History: En. Sec. 246, Ch. 574, L. 2001; amd. Sec. 27, Ch. 13, Sp. L. August 2002; amd. Sec. 2, Ch. 518, L. 2003; amd. Sec. 15, Ch. 336, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-635. Natural resource development K-12 school facilities payment

20-9-635.  Natural resource development K-12 school facilities payment.
(1) The natural resource development K-12 school facilities payment replaces the former natural resource development K-12 funding payment as a means to provide local property tax relief by supporting school district facility needs. The legislature intends for the new payment to grow in a manner similar to the previous payment as described in subsection (2) through fiscal year 2022 until other revenue to support school facilities has increased.
(2) The legislature intends the natural resource development K-12 school facilities payment to be a general fund appropriation to support school major maintenance aid pursuant to 20-9-525 that is:
(a) for fiscal years 2020, 2021, 2022, and 2023, calculated as the greater of:
(i) $6.4 million in fiscal year 2020, $7.6 million in fiscal year 2021, $10 million in fiscal year 2022, and $10 million in fiscal year 2023, with each fiscal year's appropriation reduced by the amount of projected earnings from the school facilities fund pursuant to 17-5-703 for that fiscal year; or
(ii) 5% of the oil and natural gas production taxes deposited in the general fund pursuant to 15-36-331(4) for the fiscal year occurring 2 fiscal years prior to the fiscal year of the payment; and
(b) for fiscal years 2024 and beyond, calculated as the greater of:
(i) $10 million increased by an inflationary adjustment calculated as provided in 20-9-326 applied in fiscal year 2024 and in each succeeding fiscal year; or
(ii) 5% of the oil and natural gas production taxes deposited in the general fund pursuant to 15-36-331(4) for the fiscal year occurring 2 fiscal years prior to the fiscal year of the payment.
(3) The present law base calculated under Title 17, chapter 7, part 1, for major maintenance aid must consist of:
(a) the natural resource development K-12 school facilities payment as calculated in subsection (2) as a general fund appropriation; and
(b) projected revenue available in the school major maintenance account, established in 20-9-525, as a state special revenue fund appropriation, including:
(i) projected earnings from the school facilities fund pursuant to 17-5-703; and
(ii) any anticipated transfers of excess interest and income revenue pursuant to 20-9-622.
History: En. Sec. 18, Ch. 336, L. 2017; amd. Sec. 24, Ch. 336, L. 2017; amd. Sec. 27, Ch. 429, L. 2017; amd. Sec. 2, Ch. 24, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-638. Coal-fired generating unit closure mitigation block grant

20-9-638. Coal-fired generating unit closure mitigation block grant.
(1) (a) The office of public instruction shall provide a coal-fired generating unit closure mitigation block grant to each school district with a fiscal year 2017 taxable valuation that includes a coal-fired generating unit with a generating capacity that is greater than or equal to 200 megawatts, was placed in service prior to 1980, and is retiring or planned for retirement on or before July 1, 2022.
(b) The electronic reporting system that is used by the office of public instruction and school districts must be used to allocate the block grant amount into each district's general fund budget as an anticipated revenue source.
(2) Each year, 70% of each district's block grant must be distributed in December and 30% of each district's block grant must be distributed in May at the same time that guaranteed tax base aid is distributed.
(3) The block grant is equal to the amount received in fiscal year 2017 by the district general fund from the block grants provided for in former 20-9-630(4)(a) as that section read prior to July 1, 2017.
(4) (a) If the owner of a coal-fired generating unit that is retired or planned for retirement on or before July 1, 2022, makes a payment in accordance with a retirement plan approved by the department of environmental quality or a transition agreement with the governor and attorney general for the purpose of decommissioning requirements and a portion of the payment is allocated to a school district for the purposes of school funding cost shifts, then that portion must repay to the state general fund the cost of the block grant payments under this section, as discounted in accordance with an agreement for payment to the state, on the following schedule, not to exceed the limitation provided in subsection (4)(b):
(i) if the generating unit closes prior to June 30, 2018, 100% of the total block grant payments under this section must be returned to the general fund;
(ii) if the generating unit closes during fiscal year 2019, 90% of the block grant payments under this section must be returned to the general fund;
(iii) if the generating unit closes during fiscal year 2020, 80% of the block grant payments under this section must be returned to the general fund;
(iv) if the generating unit closes during fiscal year 2021, 70% of the block grant payments under this section must be returned to the general fund; and
(v) if the generating unit closes during fiscal year 2022 or on July 1, 2022, 60% of the block grant payments under this section must be returned to the general fund.
(b) Repayment under subsection (4)(a) may not exceed the amount of any portion of a payment allocated to a school district in accordance with a retirement plan or a transition plan.
History: En. Sec. 19, Ch. 336, L. 2017; amd. Sec. 5, Ch. 2, Sp. L. November 2017; amd. Sec. 1, Ch. 152, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 6. Public School Fund and Grants to Schools › 20-9-640. Terminated

20-9-640. Terminated.
Secs. 2, 3, Ch. 188, L. 2021.
History: En. Sec. 4, Ch. 416, L. 2017; amd. Sec. 1, Ch. 475, L. 2019; amd. Sec. 1, Ch. 188, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-701. Definitions of prime and cooperating agencies

20-9-701. Definitions of prime and cooperating agencies.
For the purposes of an interlocal cooperative agreement, the prime agency shall be the district or other public agency vested with the financial administration of the interlocal cooperative agreement under the terms of such agreement and the cooperating agency shall be any district or public agency other than a prime agency who is a party to the contract creating the interlocal cooperative agreement.
History: En. 75-7305 by Sec. 360, Ch. 5, L. 1971; R.C.M. 1947, 75-7305.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-702. Financial administration of interlocal cooperative agreement

20-9-702. Financial administration of interlocal cooperative agreement.
Any district contracting with other districts or other public agencies to establish an interlocal cooperative agreement under the provisions of Title 7, chapter 11, part 1, shall be subject to the provisions of 20-9-701, 20-9-703, and 20-9-704 for the purposes of the financial administration of such agreement.
History: En. 75-7304 by Sec. 359, Ch. 5, L. 1971; R.C.M. 1947, 75-7304.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-703. District as prime agency

20-9-703. District as prime agency.
(1) When the prime agency is a district, it is authorized and required to establish a nonbudgeted interlocal cooperative fund for the purpose of the financial administration of the interlocal cooperative agreement. All revenues received, including federal, state, or other types of grant payments in direct support of the agreement and the financial support provided by cooperating agencies, shall be deposited in such fund. All financial support of the agreement contributed by a district designated as the prime agency may be transferred to the interlocal cooperative fund from any fund maintained by such district by resolution of the trustees. Any such transfer to the interlocal cooperative fund shall be used to finance those expenditures under the agreement which are comparable to those that are permitted by law to be made out of the fund from which the transfer was made and which are within the final budget for the fund from which the transfer was made. No transfer shall be made from the miscellaneous federal programs fund without the express approval of the superintendent of public instruction.
(2) All expenditures in support of the interlocal cooperative agreement shall be made from the interlocal cooperative fund established by the district which is the prime agency, except that expenditures in support of such agreement may be made from the miscellaneous federal programs fund when the express approval of the superintendent of public instruction is given.
History: En. 75-7306 by Sec. 361, Ch. 5, L. 1971; R.C.M. 1947, 75-7306.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-704. District as cooperating agency

20-9-704. District as cooperating agency.
(1) When a district is the cooperating agency, it shall transfer its financial support under the interlocal cooperative contract to the prime agency by district warrant.
(2) The financial support may be provided from any fund maintained by the district. Any such fund utilized for the financial support of an interlocal cooperative agreement shall finance only those expenditures of such agreement that are comparable to those permitted under the statutory provisions creating such fund, and such financial support must be within the currently adopted budget for such fund. No financial support shall be financed from the miscellaneous federal programs fund without the express approval of the superintendent of public instruction.
History: En. 75-7307 by Sec. 362, Ch. 5, L. 1971; R.C.M. 1947, 75-7307.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-705. Joint interstate school agreements

20-9-705. Joint interstate school agreements.
(1) The trustees of any district adjacent to another state may enter into a contract with a school district in such adjoining state to provide for the joint erection, operation, and maintenance of school facilities for both districts upon such terms and conditions as may be mutually agreed to by such districts and as are in accord with this section. Any such contract proposed for adoption by the trustees shall be in the form and contain only terms that may be prescribed by the superintendent of public instruction, and any such contract shall be approved by the superintendent of public instruction before it is considered by the electors of the district.
(2) Before any contract negotiated under the provisions of this section shall be executed, the trustees shall call an election under the provisions of 20-20-201 and submit to the qualified electors of the district the proposition that such contract be approved and that the trustees execute such contract. No agreement shall be valid until it has been approved at an election. The electors at the election shall be qualified to vote under the provisions of 20-20-301, and the election shall be conducted under the school election provisions of this title. The ballot for the election shall be substantially in the following form:
PROPOSITION
SCHOOL DISTRICT NO. ...., .... COUNTY
Shall the trustees of this district be authorized and directed to execute the proposed contract with school district number .... of .... County, state of ...., for the purpose of (insert the purpose of such contract)?
☐ FOR execution of contract.
☐ AGAINST execution of contract.
(3) The trustees of any district executing a contract under this section shall have the power and authority to levy taxes and issue bonds for the purpose of erecting and maintaining the facilities authorized by this section. Furthermore, the facilities erected or maintained under this section may be located in either Montana or the adjoining state.
History: En. 75-7308 by Sec. 363, Ch. 5, L. 1971; R.C.M. 1947, 75-7308.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-706. Running start program -- authorizing class credits at postsecondary institution -- eligibility -- payment for credits

20-9-706. Running start program -- authorizing class credits at postsecondary institution -- eligibility -- payment for credits.
(1) As used in this section, "postsecondary institution" means a unit of the Montana university system, a public community college, or a tribal college.
(2) A school district may enter into an interlocal agreement pursuant to Title 7, chapter 11, with a postsecondary institution to institute a "running start" program to allow 11th and 12th grade students, as defined by the district, to attend classes at the postsecondary institution at a cost determined by the interlocal agreement and to obtain credits in classes not available through the school district.
(3) An agreement entered into by the district and the postsecondary institution must state the amount for each credit to be paid to the postsecondary institution by the district or the student.
(4) To participate in the program, a student shall complete a running start application provided by the district. The district shall determine whether the student has the skills needed to succeed in the proposed college coursework. If accepted, a student may earn both high school and college credits as determined by the interlocal agreement.
(5) In registering 11th and 12th grade students in the program, a postsecondary institution may not displace adult students attending the postsecondary institution.
(6) If accepted into the program, the student is responsible for transportation, books, and all supplies.
(7) If a student accepted into the program drops out of a class or classes at the postsecondary institution during the drop period established by the postsecondary institution, the postsecondary institution shall reimburse the district or the student the cost associated with the student's credits as determined by the interlocal agreement.
History: En. Sec. 1, Ch. 377, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 7. Educational Cooperative Agreements › 20-9-707. Agreement with Montana youth challenge program or accredited Montana job corps program

20-9-707. Agreement with Montana youth challenge program or accredited Montana job corps program.
(1) The trustees of a school district may enter into an interlocal cooperative agreement for the ensuing school fiscal year under the provisions of Title 7, chapter 11, part 1, with the Montana youth challenge program or with a Montana job corps program accredited by the northwest commission on colleges and universities to provide educational or vocational services that are supplemental to the educational programs offered by the resident school district.
(2) A student who receives educational or vocational services at the Montana youth challenge program or a Montana job corps program pursuant to an agreement authorized under subsection (1) must be enrolled, for purposes of calculating average number belonging, in a public school in the student's district of residence. Credits taken at the Montana youth challenge program or an accredited Montana job corps program must be approved by the school district and meet the requirements for graduation at a school in the student's district of residence, must be taught by an instructor who has a current and appropriate Montana high school certification, and must be reported by the institution to the student's district of residence. Upon accumulating the necessary credits at a school in the district of residence or at the Montana youth challenge program or an accredited Montana job corps program pursuant to an interlocal cooperative agreement, a student must be allowed to graduate from the school in the student's district of residence.
(3) A school district that, pursuant to an interlocal cooperative agreement, allows an enrolled student to attend the Montana youth challenge program or a Montana job corps program accredited as prescribed in subsection (1) is not responsible for payment of the student's transportation costs to the job corps program.
(4) A student attending the Montana youth challenge program or a job corps program may not claim the Montana youth challenge program's or job corps program's facility as the student's residence for the purposes of this section.
History: En. Sec. 1, Ch. 462, L. 2001; amd. Sec. 3, Ch. 132, L. 2005; amd. Sec. 47, Ch. 2, L. 2009; amd. Sec. 3, Ch. 137, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 8. Emergency School Closure › 20-9-801. Purpose

20-9-801. Purpose.
This part governs a school district's entitlement to state equalization apportionment funds for any school year during which the school district is unable to conduct the minimum aggregate hours by grade required by 20-1-301 by reason of one or more unforeseen emergencies. The provisions of this part must be narrowly interpreted.
History: En. Sec. 1, Ch. 288, L. 1979; amd. Sec. 8, Ch. 430, L. 1997; amd. Sec. 12, Ch. 138, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 8. Emergency School Closure › 20-9-802. Definitions

20-9-802. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Declaration of emergency" means a declaration by a board of trustees that an unforeseen emergency has occurred in the district.
(2) "Reasonable effort" means the rescheduling or extension of the school district's instructional calendar to make up at least 75% of the hours of pupil instruction lost due to an unforeseen emergency through any combination of the following:
(a) extending the school year beyond the last scheduled day;
(b) the use of scheduled vacation days in the district's adopted school calendar pursuant to 20-1-302;
(c) the conduct of pupil instruction on Saturdays as provided in 20-1-303; or
(d) extending instructional hours during the school day as provided in 20-1-302.
(3) "School day" means the school day set by the trustees as provided in 20-1-302.
(4) "Unforeseen emergency" means a fire, flood, explosion, storm, earthquake, riot, insurrection, community disaster, or act of God or a combination of the foregoing that acts as a principal cause for a school district's inability to conduct a portion of the minimum aggregate hours of instruction required by 20-1-301.
History: En. Sec. 2, Ch. 288, L. 1979; amd. Sec. 1, Ch. 85, L. 1981; amd. Sec. 9, Ch. 430, L. 1997; amd. Sec. 13, Ch. 138, L. 2005; amd. Sec. 3, Ch. 151, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 8. Emergency School Closure › 20-9-805. Rate of reduction in BASE aid

20-9-805. Rate of reduction in BASE aid.
(1) Except as provided in 20-9-806, for each hour short of the minimum number of aggregate hours required by law that a school district fails to conduct by reason of one or more unforeseen emergencies, the superintendent of public instruction shall reduce the BASE aid of the district for that school year by a proportionate amount.
(2) Kindergarten, grade 1 through 3, and grade 4 through 12 programs must be considered separately for the purpose of computing compliance with minimum aggregate hour requirements and any loss of BASE aid.
History: En. Sec. 5, Ch. 288, L. 1979; amd. Sec. 7, Ch. 299, L. 1985; amd. Sec. 14, Ch. 138, L. 2005; amd. Sec. 4, Ch. 151, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 8. Emergency School Closure › 20-9-806. School closure by declaration of emergency

20-9-806. School closure by declaration of emergency.
(1) (a) Except as provided in subsection (2), if a school is closed by reason of an unforeseen emergency that results in a declaration of emergency by the board of trustees, the trustees may later adopt a resolution that a reasonable effort has been made to reschedule the pupil-instruction time lost because of the unforeseen emergency. If the trustees adopt the resolution, the pupil-instruction time lost during the closure need not be rescheduled to meet the minimum requirement for aggregate hours that a school district must conduct during the school year in order to be entitled to full BASE aid.
(b) At least 75% of the pupil-instruction time lost due to the unforeseen emergency must have been made up before the trustees can declare that a reasonable effort has been made.
(2) The board of trustees may close school for 1 school day each school year because of an unforeseen emergency and may not be required to reschedule the pupil-instruction time lost because of the unforeseen emergency. The 1-school-day closure under this subsection is not subject to the reduction in BASE aid pursuant to 20-9-805.
History: En. Sec. 2, Ch. 85, L. 1981; amd. Sec. 10, Ch. 430, L. 1997; amd. Sec. 15, Ch. 138, L. 2005; amd. Sec. 5, Ch. 151, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-901. Repealed

20-9-901. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 1, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-902. Repealed

20-9-902. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 2, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-903. Repealed

20-9-903. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 3, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-904. Repealed

20-9-904. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 4, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-905. Repealed

20-9-905. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 5, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 9. Finance › Part 9. Supplemental Funding for Innovative Educational Programs (Repealed) › 20-9-906. Repealed

20-9-906. Repealed.
Sec. 19, Ch. 480, L. 2021.
History: En. Sec. 6, Ch. 457, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-102. School bus requirements

20-10-102. School bus requirements.
(1) A school bus may be operated by the district or other public agency for the conveyance of pupils or may be privately operated by a carrier to provide such conveyance of pupils under contract with a district or other public agency.
(2) Every school bus shall bear on the front and rear of the bus a plainly visible sign containing the words "school bus" in letters at least 8 inches in height.
(3) When a school bus is operated on a highway for purposes other than transporting pupils to and from school or for school functions, all markings identifying it as a school bus shall be concealed.
History: En. 75-7002 by Sec. 279, Ch. 5, L. 1971; amd. Sec. 2, Ch. 141, L. 1973; R.C.M. 1947, 75-7002(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 10. Transportation and Food Services › Part 1. School Buses and Transportation › 20-10-103. School bus driver qualifications

20-10-103. School bus driver qualifications.
A driver of a school bus is qualified to drive a school bus if the driver:
(1) is not less than 18 years of age;
(2) is of good moral character;
(3) (a) is the holder of a commercial driver's license to operate a school bus designed to carry more than 10 passengers; or
(b) is the holder of a Montana driver's license to operate a school bus designed to carry 10 or fewer passengers;
(4) has filed with the district a satisfactory medical examination report, on a form approved by the United States department of transportation, signed by any physician licensed in the United States or, if acceptable to an insurance carrier, any licensed physician;
(5) has completed a basic first aid course and holds a valid basic first aid certificate from an authorized instructor. The issuance of the certificate is governed by rules established by the superintendent of public instruction, provided that the rules may suspend this requirement for a reasonable period of time if there has been an inadequate opportunity for securing the basic first aid course and certificate.
(6) has complied with any other qualifications established by the board of public education; and
(7) has filed with the county superintendent a certificate from the trustees of the district for which the school bus is to be driven, certifying compliance with the driver qualifications enumerated in this section.
History: En. 75-7003 by Sec. 280, Ch. 5, L. 1971; amd. Sec. 1, Ch. 50, L. 1977; amd. Sec. 1, Ch. 151, L. 1977; R.C.M. 1947, 75-7003; amd. Sec. 37, Ch. 443, L. 1987; amd. Sec. 1, Ch. 311, L. 1989; amd. Sec. 3, Ch. 195, L. 1993; amd. Sec. 2, Ch. 298, L. 1995; amd. Sec. 2, Ch. 221, L. 2017.