reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-111. Emergency authorization of employment

20-4-111. Emergency authorization of employment.
(1) A district may request from the superintendent of public instruction an emergency authorization of employment for a person who is not the holder of a valid Montana teacher or specialist certificate and a required endorsement as an instructor of pupils when the district cannot secure the services of a person holding a valid Montana certificate and a required endorsement. The person must have previously held a valid teacher or specialist certificate from Montana or another state or shall provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought as prescribed by the policies of the board of public education for and during an emergency. Emergency authorization of employment must indicate:
(a) the district to which the authorization is issued;
(b) the person whom the district is authorized to employ;
(c) the endorsement for elementary or secondary instruction and the specific subject fields for which authorization to employ the person is given; and
(d) the school fiscal year for which the emergency authorization of employment is given.
(2) Emergency authorization of employment of a person is valid for the school fiscal year identified on the authorization and may be renewed in accordance with the board of public education policies. A fee not to exceed $6 and, if no teacher or specialist certificate or emergency authorization of employment has ever been issued for the person, a filing fee of $6 must be paid for the issuance of an emergency authorization of employment. The superintendent of public instruction shall deposit the fees with the state treasurer to the credit of the general fund.
(3) Emergency authorization of employment of a person may be revoked for good cause in accordance with the provisions of 20-4-110.
History: En. 75-6011 by Sec. 81, Ch. 5, L. 1971; R.C.M. 1947, 75-6011; amd. Sec. 13, Ch. 511, L. 1979; amd. Sec. 26, Ch. 83, L. 1989; amd. Sec. 2, Ch. 103, L. 1989; amd. Sec. 3, Ch. 495, L. 1991; amd. Sec. 6, Ch. 247, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-112. Access to materials -- superintendent of public instruction

20-4-112. Access to materials -- superintendent of public instruction.
The superintendent of public instruction has access to all material considered by or available to the school or school district that may be relevant to an allegation that a teacher, administrator, or specialist has engaged in conduct described in 20-4-110(1)(e) or (1)(f) or that may lead to the discovery of relevant evidence.
History: En. Sec. 2, Ch. 382, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-113. Access to criminal justice information

20-4-113. Access to criminal justice information.
(1) Either the trustees of a school district or the superintendent of public instruction may apply to a district court pursuant to 44-5-302 to review confidential criminal justice information that is relevant to the investigation of grounds for suspension or revocation of a teacher, administrator, or specialist certificate under 20-4-110.
(2) The district court shall provide the trustees or the superintendent of public instruction access to any confidential criminal justice information that is relevant to an investigation into possible grounds for suspension or revocation of a teacher, administrator, or specialist certificate. The court shall issue a protective order to protect the confidentiality of the information released.
History: En. Sec. 3, Ch. 382, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-114. Penalty for failure to report

20-4-114. Penalty for failure to report.
The failure of a school trustee to report as required in 20-4-110 constitutes official misconduct within the meaning of 2-16-603.
History: En. Sec. 4, Ch. 382, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-122. Designated official for purposes of interstate agreement

20-4-122. Designated official for purposes of interstate agreement.
The designated state official for this state is the state superintendent of public instruction. The state superintendent of public instruction shall enter into contracts pursuant to Article III of the agreement only after approval of the specific text thereof by the board of public education.
History: En. 75-6013 by Sec. 2, Ch. 328, L. 1977; R.C.M. 1947, 75-6013.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-123. Preservation and publication of contracts made pursuant to interstate agreement

20-4-123. Preservation and publication of contracts made pursuant to interstate agreement.
True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the state superintendent of public instruction. The state superintendent of public instruction shall publish all such contracts in convenient form.
History: En. 75-6014 by Sec. 3, Ch. 328, L. 1977; R.C.M. 1947, 75-6014.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-127. Certification reciprocity for military members, military spouses, and veterans -- requirements

20-4-127. (Effective July 1, 2024) Certification reciprocity for military members, military spouses, and veterans -- requirements.
(1) The superintendent of public instruction shall issue a teacher certificate and endorsement or specialist certificate as provided by Title 20 to a person:
(a) who is certified and endorsed in good standing in another state or a United States territory as a teacher or specialist; and
(b) (i) who is a member of the armed forces of the United States or whose spouse is a member of the armed forces of the United States;
(ii) who is subject to military orders for a change of station to a duty station in this state, who is in the process of a change of station to a duty station in this state, who has been honorably discharged and is relocated to this state, or whose spouse is the subject of a military transfer to this state;
(iii) who is the spouse of a military member, and the spouse left employment to accompany the military member to this state; or
(iv) who is the dependent of an active-duty member of the United State armed forces who has been transferred to Montana, is scheduled to be transferred to Montana, is domiciled in Montana, or has moved to Montana on a permanent change-of-station basis.
(2) In issuing a certificate and endorsement under subsection (1), the superintendent of public instruction may:
(a) issue the person a certificate and endorsement if the superintendent of public instruction determines the requirements for certification and endorsement in the other state are substantially equivalent to the requirements in this state; or
(b) if the requirements for certification and endorsement are not substantially equivalent, issue the person a temporary teacher certificate and endorsement or specialist certificate to authorize the person as a teacher or specialist while completing any specific requirements by the office of public instruction.
(3) The provisions of subsection (1) do not apply to a person whose teacher certificate or specialist certificate is not in good standing with another state or who is subject to pending charges or final disciplinary action for unprofessional conduct or impairment.
History: En. Sec. 2, Ch. 390, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-131. Repealed

20-4-131. Repealed.
Sec. 2, Ch. 370, L. 2023.
History: En. Sec. 1, Ch. 465, L. 1987; amd. Sec. 2, Ch. 124, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-132. Repealed

20-4-132. Repealed.
Sec. 2, Ch. 370, L. 2023.
History: En. Sec. 3, Ch. 465, L. 1987; amd. Sec. 290, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-133. Repealed

20-4-133. Repealed.
Sec. 2, Ch. 370, L. 2023.
History: En. Sec. 4, Ch. 465, L. 1987; amd. Sec. 27, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 1. Certification of Teaching and Supervisory Personnel › 20-4-134. Professional stipends for teachers certified by national board for professional teaching standards

20-4-134. Professional stipends for teachers certified by national board for professional teaching standards.
(1) Pursuant to subsection (5), an annual stipend of up to $1,500 must be provided to each teacher who holds a current certificate from the national board for professional teaching standards if the teacher is:
(a) a full-time classroom teacher, librarian, or other full-time employee serving in an assignment covered by national board certification assessment;
(b) certified to teach in Montana under the provisions of 20-4-103; and
(c) a full-time employee of:
(i) a Montana public school district, as defined in 20-6-101;
(ii) an education cooperative, as described in 20-7-451;
(iii) the Montana school for the deaf and blind, as described in 20-8-101; or
(iv) a correctional facility, as defined in 41-5-103.
(2) An annual stipend of up to $2,500 must be provided to each teacher who meets the criteria for the stipend in subsection (1) and who has an instructional assignment in a school identified as:
(a) a school in a high-poverty area eligible to participate in the community eligibility provision under Public Law 111-296; or
(b) an impacted school as defined in 20-4-502.
(3) A teacher becomes eligible for the stipend in subsection (1) in the school year beginning July 1 after the teacher obtains certification or recertification from the national board for professional teaching standards.
(4) By March 1, the superintendent of public instruction shall distribute stipend payments to any entity listed in subsections (1)(c)(i) through (1)(c)(iv) that employs an eligible teacher.
(5) The obligation for funding a portion of the professional stipends is an obligation of the state. This section may not be construed to require a school district to provide its matching portion of a stipend to a qualifying teacher without a payment from the state to the district. If the money appropriated for the stipends is not enough to provide the full amount for each eligible teacher, the superintendent of public instruction shall request the state budget director to submit a request for a supplemental appropriation in the second year of the biennium that is sufficient to complete the funding of the stipends.
(6) (a) For a stipend under subsection (1), the state shall pay $500 and another $1 for each $1 contributed by the teacher's school district, up to a maximum state contribution of $1,000.
(b) For a stipend under subsection (2), the state shall pay $1,000 and another $2 for each $1 contributed by the teacher's school district, up to a maximum state contribution of $2,000.
History: En. Sec. 1, Ch. 555, L. 2001; amd. Sec. 2, Ch. 150, L. 2017; amd. Sec. 2, Ch. 347, L. 2019; amd. Sec. 2, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-201. Employment of teachers and specialists by contract

20-4-201. Employment of teachers and specialists by contract.
(1) The trustees of any district have the authority to employ any person as a teacher or specialist, but only a person who holds a valid Montana teacher or specialist certificate or for whom an emergency authorization of employment has been issued that qualifies the person to perform the duties prescribed by the trustees for the position of employment. Each teacher or specialist must be employed under written contract, and each contract of employment must be authorized by a proper resolution of the trustees and must be executed in duplicate by the presiding officer of the trustees and the clerk of the district in the name of the district and by the teacher or specialist.
(2) A contract of employment with a teacher or specialist may not require the teacher or specialist to teach more than 5 days a week or on any holiday recognized by 20-1-305. A deduction may not be made from a teacher's or specialist's salary by reason of the fact that a holiday falls on a school day. A teacher's or specialist's contract made in conflict with the 5-days-a-week provision of this section is not enforceable against the teacher or specialist.
(3) Whenever the boards of trustees of two or more school districts form a joint board of trustees under the provisions of 20-3-361 or when the boards of trustees of two or more school districts enter into an interlocal agreement pursuant to Title 7, chapter 11, part 1, to cooperatively share the employment of a teacher or specialist, the joint board of trustees or the boards of trustees of two or more school districts, pursuant to an interlocal agreement, may execute a contract of employment with a teacher or specialist who shall serve the districts. When a contract is executed, the districts shall prorate the compensation provided by the contract on the basis of the total number of instructional hours expended by the teacher or specialist within each district.
(4) Any contract executed under the provisions of this section may contain the oath or affirmation prescribed in 20-4-104, and the teacher or specialist shall subscribe to the oath or affirmation before an officer authorized by law to administer oaths.
History: En. 75-6102 by Sec. 83, Ch. 5, L. 1971; R.C.M. 1947, 75-6102; amd. Sec. 14, Ch. 511, L. 1979; amd. Sec. 3, Ch. 308, L. 1987; amd. Sec. 3, Ch. 318, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-202. Teacher and specialist certification registration

20-4-202. Teacher and specialist certification registration.
(1) Any person employed as a teacher, specialist, principal, or district superintendent shall register the person's certificate or the district shall register its emergency authorization of employment for a teacher with the county superintendent of the county in which the person is employed in order to validate the person's employment status and permit payment under the employment contract. If a teacher or specialist does not register the person's certificate with the county superintendent within 60 calendar days after the person begins to perform services, the person is not eligible to receive any further compensation under the contract of employment until the person has registered the certificate. After the schools of a district have been open for 60 calendar days in the current school fiscal year, the county superintendent shall notify each district of the county of each teacher or specialist who has registered a current valid certificate, and the district may not pay any teacher who has not registered the person's certificate until the county superintendent does notify the district of the registration.
(2) A teacher or specialist employed by a joint district shall register the person's certificate with the county superintendent of the county in which the person is working. A teacher or specialist employed by a special education cooperative shall register the person's certificate with the county superintendent of the county in which the special education cooperative is based.
History: En. 75-6106 by Sec. 87, Ch. 5, L. 1971; amd. Sec. 3, Ch. 277, L. 1977; R.C.M. 1947, 75-6106; amd. Sec. 15, Ch. 511, L. 1979; amd. Sec. 1, Ch. 330, L. 1987; amd. Sec. 291, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-203. Teacher tenure

20-4-203. Teacher tenure.
(1) Except as provided in 20-4-208, whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a district in a position requiring teacher certification except as a district superintendent or specialist, the teacher is considered to be reelected from year to year as a tenured teacher at the same salary and in the same or a comparable position of employment as that provided by the last-executed contract with the teacher unless the trustees resolve by majority vote of their membership to terminate the services of the teacher in accordance with the provisions of 20-4-204.
(2) The tenure of a teacher with a district may not be impaired upon termination of services of the teacher if the following conditions exist:
(a) the tenure teacher is terminated because the financial condition of the district requires a reduction in the number of teachers employed; and
(b) continued employment rights are provided for in a collectively bargained contract of the district.
(3) (a) For the purposes of subsection (1), "same salary" means the daily rate of pay, excluding benefits and excluding stipends for nonteaching duties, multiplied by the number of days worked under the last-executed contract with the teacher, up to the total number of days funded by the state in the per-ANB entitlements, as provided in 20-9-311, including pupil-instruction-related days. The calculation of daily rate of pay is determined by dividing the salary in the last-executed contract with the teacher for pupil-instruction and pupil-instruction-related days, excluding benefits and excluding stipends for nonteaching duties, by the total number of contracted days under the last-executed contract.
(b) The definition of same salary may be modified if negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31, or in an individual contract between the district and a teacher in a district in which the teachers have no exclusive representative as provided in Title 39, chapter 31.
(4) Upon receiving tenure, the employment of a teacher may be terminated for good cause.
History: En. 75-6103 by Sec. 84, Ch. 5, L. 1971; amd. Sec. 1, Ch. 49, L. 1971; R.C.M. 1947, 75-6103; amd. Sec. 16, Ch. 511, L. 1979; amd. Sec. 1, Ch. 521, L. 1983; amd. Sec. 1, Ch. 479, L. 1989; amd. Sec. 1, Ch. 204, L. 1991; amd. Sec. 1, Ch. 259, L. 1997; amd. Sec. 2, Ch. 438, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-205. Notification of teacher reelection -- acceptance

20-4-205. Notification of teacher reelection -- acceptance.
(1) The trustees shall provide written notice by June 1 to all teachers who have been reelected. Any teacher who does not receive notice of reelection or termination is automatically reelected for the ensuing school fiscal year.
(2) Any teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written acceptance of the conditions of the reelection within 20 days after the receipt of the notice of reelection, and failure to notify the trustees within 20 days constitutes conclusive evidence of the teacher's nonacceptance of the tendered position.
History: En. 75-6105 by Sec. 86, Ch. 5, L. 1971; R.C.M. 1947, 75-6105; amd. Sec. 1, Ch. 574, L. 1989; amd. Sec. 4, Ch. 438, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-206. Notification of nontenure teacher reelection -- acceptance -- termination

20-4-206. Notification of nontenure teacher reelection -- acceptance -- termination.
(1) The trustees shall provide written notice by June 1 to each nontenure teacher employed by the district regarding whether the nontenure teacher has been reelected for the ensuing school fiscal year. A teacher who does not receive written notice of reelection or termination is automatically reelected for the ensuing school fiscal year.
(2) A nontenure teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written acceptance of the conditions of reelection within 20 days after the receipt of the notice of reelection. Failure to notify the trustees within 20 days constitutes conclusive evidence of the nontenure teacher's nonacceptance of the tendered position.
(3) Subject to the June 1 notice requirements in this section, the trustees may nonrenew the employment of a nontenure teacher at the conclusion of the school fiscal year with or without cause.
History: En. Sec. 1, Ch. 324, L. 1973; amd. Sec. 1, Ch. 87, L. 1975; amd. Sec. 1, Ch. 142, L. 1975; R.C.M. 1947, 75-6105.1; amd. Sec. 2, Ch. 510, L. 1987; amd. Sec. 2, Ch. 439, L. 1991; amd. Sec. 5, Ch. 438, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-207. Dismissal of teacher under contract

20-4-207. Dismissal of teacher under contract.
(1) The trustees of any district may dismiss a teacher before the expiration of the teacher's employment contract for good cause.
(2) (a) The following persons may recommend the dismissal of a teacher for cause under subsection (1):
(i) a district superintendent;
(ii) in a district without a district superintendent, a principal; or
(iii) in a district without a district superintendent or a principal, the county superintendent or a trustee of the district.
(b) A person listed in subsection (2)(a) who recommends dismissal of a teacher shall give notice of the recommendation in writing to each trustee of the district and to the teacher.
(c) The notice must state clearly and explicitly the specific reason or reasons that led to the recommendation for dismissal.
(3) (a) Whenever the trustees of any district receive a recommendation for dismissal, the trustees shall notify the teacher of the right to a hearing before the trustees either by certified letter or by personal notification for which a signed receipt must be returned. The teacher may in writing waive the right to a hearing. Unless the teacher waives the right to a hearing, the teacher and trustees shall agree on a hearing date not less than 10 days or more than 20 days from the notice of intent to recommend dismissal.
(b) The trustees shall conduct a hearing on the recommendation and resolve at the conclusion of the hearing to dismiss the teacher or to reject the recommendation for dismissal.
(4) With the exception of a county superintendent, a person who recommends dismissal pursuant to subsection (2) may suspend the teacher from active performance of duty with pay pending the hearing date if the teacher's behavior or acts that led to the recommendation for dismissal are contrary to the welfare of the students or the effective operation of the school district.
(5) Any teacher who has been dismissed may in writing within 20 days appeal the dismissal under the guidelines set forth in 20-4-204. The teacher may appeal a decision to terminate an employment contract to the county superintendent if the teacher's employment is not covered by a collective bargaining agreement pursuant to Title 39, chapter 31. If the employment of the teacher is covered by a collective bargaining agreement, a teacher shall appeal a decision to terminate an employment contract to an arbitrator.
History: En. 75-6107 by Sec. 88, Ch. 5, L. 1971; amd. Sec. 1, Ch. 327, L. 1971; R.C.M. 1947, 75-6107; amd. Sec. 2, Ch. 56, L. 1985; amd. Sec. 1, Ch. 28, L. 1989; amd. Sec. 6, Ch. 438, L. 1997; amd. Sec. 5, Ch. 514, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-208. Transfer from administrative position

20-4-208. Transfer from administrative position.
(1) A tenure teacher serving in an administrative position may be assigned to a teaching position with a reduction in salary when the district reduces the size of its administrative staff. The salary for the new position must be the same as the salary that the teacher would have received if the teacher had been continuously employed in the new position rather than in the administrative position.
(2) If a board policy or a collective bargaining agreement provides seniority rights for teachers, a district that assigns a tenure teacher serving in an administrative position to a teaching position shall recognize for seniority purposes the tenure teacher's time of service in the administrative position.
(3) As used in this section, the term "administrative position" means a position that the trustees of a district designate as administrative or supervisory in nature, not including the position of district superintendent.
(4) A tenure teacher who is transferred to a teaching position under this section must be offered the next comparable administrative position for which the tenure teacher is endorsed that becomes available in the district.
History: En. Sec. 2, Ch. 204, L. 1991; amd. Sec. 1, Ch. 114, L. 1993; amd. Sec. 7, Ch. 438, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-211. Repealed

20-4-211. Repealed.
Sec. 4, Ch. 527, L. 1999.
History: En. Sec. 2, Ch. 464, L. 1973; R.C.M. 1947, 75-6130.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-212. Repealed

20-4-212. Repealed.
Sec. 4, Ch. 527, L. 1999.
History: En. Sec. 1, Ch. 464, L. 1973; R.C.M. 1947, 75-6129.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-213. Repealed

20-4-213. Repealed.
Sec. 4, Ch. 527, L. 1999.
History: En. Sec. 3, Ch. 464, L. 1973; R.C.M. 1947, 75-6131; amd. Sec. 1, Ch. 458, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 2. Teacher Employment -- Tenure › 20-4-214. Repealed

20-4-214. Repealed.
Sec. 4, Ch. 527, L. 1999.
History: En. Sec. 4, Ch. 464, L. 1973; R.C.M. 1947, 75-6132.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 3. Teachers' Powers, Duties, and Privileges › 20-4-301. Duties of teacher -- nonpayment for failure to comply

20-4-301. Duties of teacher -- nonpayment for failure to comply.
(1) A teacher under contract with a district shall:
(a) conform to and enforce the laws, board of public education policies, and policies of the trustees of the district;
(b) use the course of instruction prescribed by the trustees;
(c) keep, in a neat and businesslike manner, a teacher's register of attendance and grades;
(d) within 10 days after the conclusion of each school semester, prepare a report that must include the pupil attendance and absence data from the teacher's register and grades. The report must be submitted to:
(i) the district superintendent, if there is one;
(ii) the principal of the school, if there is one and there is no district superintendent; or
(iii) the county superintendent or all county superintendents when the teacher is reporting for a joint district, if there is no district superintendent or principal.
(e) exercise due diligence in the care of school grounds and buildings, furniture, equipment, books, and supplies; and
(f) provide moral and civic instruction by:
(i) endeavoring to impress the pupils with the principles of morality, truth, justice, and patriotism, including any curriculum related to the flag prescribed by the trustees;
(ii) teaching the pupils to avoid idleness, profanity, and falsehood;
(iii) instructing the pupils in the principles of free government and training them to comprehend the rights, responsibilities, and dignity of American citizenship.
(2) The trustees are authorized to withhold the salary warrant of any teacher who does not comply with the provisions of subsection (1)(a) or (1)(b) until the teacher does comply with the provisions.
(3) The trustees may not pay any teacher the teacher's last month's salary until the teacher has provided a complete and accurate semester report to the required person, as determined by the person and as required in subsection (1)(d).
History: En. 75-6108 by Sec. 89, Ch. 5, L. 1971; R.C.M. 1947, 75-6108; amd. Sec. 1, Ch. 337, L. 1989; amd. Sec. 7, Ch. 22, L. 1997; amd. Sec. 2, Ch. 320, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 3. Teachers' Powers, Duties, and Privileges › 20-4-302. Discipline and punishment of pupils -- definition of corporal punishment -- penalty -- defense

20-4-302. Discipline and punishment of pupils -- definition of corporal punishment -- penalty -- defense.
(1) A teacher or principal has the authority to hold a pupil to a strict accountability for disorderly conduct in school, on the way to or from school, or during intermission or recess.
(2) For the purposes of this section, "corporal punishment" means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.
(3) A person who is employed or engaged by a school district may not inflict or cause to be inflicted corporal punishment on a pupil.
(4) (a) A person who is employed or engaged by a school district may use physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary to:
(i) quell a disturbance;
(ii) provide self-protection;
(iii) protect the pupil or others from physical injury;
(iv) obtain possession of a weapon or other dangerous object on the person of the pupil or within control of the pupil;
(v) maintain the orderly conduct of a pupil including but not limited to relocating a pupil in a waiting line, classroom, lunchroom, principal's office, or other on-campus facility; or
(vi) protect property from serious harm.
(b) Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not constitute corporal punishment as long as the restraint is reasonable and necessary.
(5) A teacher in a district employing neither a district superintendent nor a principal at the school where the teacher is assigned has the authority to suspend a pupil for good cause. When either a district superintendent or a school principal is employed, only the superintendent or principal has the authority to suspend a pupil for good cause. Whenever a teacher suspends a pupil, the teacher shall notify the trustees and the county superintendent immediately of the action.
(6) A teacher has the duty to report the truancy or incorrigibility of a pupil to the district superintendent, the principal, the trustees, or the county superintendent, whichever is applicable.
(7) If a person who is employed or engaged by a school district uses corporal punishment or more physical restraint than is reasonable or necessary, the person is guilty of a misdemeanor and, upon conviction of the misdemeanor by a court of competent jurisdiction, shall be fined not less than $25 or more than $500.
(8) A person named as a defendant in an action brought under this section may assert as an affirmative defense that the use of physical restraint was reasonable or necessary. If that defense is denied by the person bringing the charge, the issue of whether the restraint used was reasonable or necessary must be determined by the trier of fact.
History: En. 75-6109 by Sec. 90, Ch. 5, L. 1971; amd. Sec. 1, Ch. 388, L. 1977; R.C.M. 1947, 75-6109; amd. Sec. 1, Ch. 135, L. 1981; amd. Sec. 1, Ch. 325, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 3. Teachers' Powers, Duties, and Privileges › 20-4-303. Abuse of teachers

20-4-303. Abuse of teachers.
Any parent, guardian, or other person who shall insult or abuse a teacher anywhere on the school grounds or school premises shall be deemed guilty of a misdemeanor and, upon conviction of such misdemeanor by a court of competent jurisdiction, shall be fined no less than $25 or more than $500.
History: En. 75-6110 by Sec. 91, Ch. 5, L. 1971; amd. Sec. 1, Ch. 100, L. 1971; R.C.M. 1947, 75-6110.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 3. Teachers' Powers, Duties, and Privileges › 20-4-304. Attendance at instructional and professional development meetings

20-4-304. Attendance at instructional and professional development meetings.
The trustees of a school district shall close the schools of the district for the annual instructional and professional development meetings of teachers' organizations. A teacher may attend instructional and professional development meetings without loss of salary or attend other appropriate inservice training that may be prescribed by the trustees without loss of salary. If a teacher does not attend, the teacher may not be paid.
History: En. 75-6111 by Sec. 92, Ch. 5, L. 1971; amd. Sec. 1, Ch. 200, L. 1971; R.C.M. 1947, 75-6111; amd. Sec. 2, Ch. 638, L. 1989; amd. Sec. 292, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 4. District Superintendent and Principal › 20-4-402. Duties of district superintendent or county high school principal

20-4-402. Duties of district superintendent or county high school principal.
The district superintendent or county high school principal is the executive officer of the trustees and, subject to the direction and control of the trustees, the executive officer shall:
(1) have general supervision of all schools of the district and the personnel employed by the district;
(2) implement and administer the policies of the trustees of the district;
(3) develop and recommend courses of instruction to the trustees for their consideration and approval in accordance with the provisions of 20-7-111;
(4) select all textbooks and submit the selections to the trustees for their approval in accordance with the provisions of 20-7-602;
(5) select all reference and library books and submit the selections to the trustees for their approval in accordance with provisions of 20-7-204;
(6) have general supervision of all pupils of the district, enforce the compulsory attendance provisions of this title, and have the authority to suspend for good cause a pupil of the district;
(7) report the pupil attendance, absence, and enrollment of the district and other pupil information required by the report form prescribed by the superintendent of public instruction to the county superintendent, or county superintendents when reporting for a joint district; and
(8) perform other duties in connection with the district as the trustees may prescribe.
History: En. 75-6113 by Sec. 94, Ch. 5, L. 1971; R.C.M. 1947, 75-6113; amd. Sec. 2, Ch. 135, L. 1981; amd. Sec. 2, Ch. 337, L. 1989; amd. Sec. 3, Ch. 343, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 4. District Superintendent and Principal › 20-4-403. Powers and duties of principal

20-4-403. Powers and duties of principal.
(1) Whenever the trustees of a district employ and appoint a school principal but do not employ and appoint a district superintendent, such principal shall perform the duties of a district superintendent as prescribed in subsections (4), (5), (6), (7), and (8) of 20-4-402 and shall have general supervision of such school and the personnel assigned to such school.
(2) If granted authority by the board of trustees, a school principal in a district that does employ and appoint a district superintendent may suspend for good cause any pupil of the school where the principal is employed.
History: En. 75-6114 by Sec. 95, Ch. 5, L. 1971; R.C.M. 1947, 75-6114; amd. Sec. 3, Ch. 135, L. 1981.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-501. Quality educator loan assistance program -- purpose

20-4-501. Quality educator loan assistance program -- purpose.
(1) There is a quality educator loan assistance program administered by the superintendent of public instruction. The program must provide for the direct repayment of educational loans of eligible quality educators in accordance with policies and procedures adopted by the superintendent of public instruction in accordance with this part.
(2) The purpose of this program is to aid quality educator recruitment and retention for those schools most impacted by critical quality educator shortages. The program must be implemented in a manner that maximizes recruitment and retention assistance to impacted schools.
History: En. Sec. 1, Ch. 1, Sp. L. May 2007; amd. Sec. 1, Ch. 85, L. 2017; amd. Sec. 3, Ch. 347, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-502. Definitions

20-4-502. Definitions.
For purposes of this part, unless the context requires otherwise, the following definitions apply:
(1) "Education cooperative" means a cooperative of Montana public schools as described in 20-7-451.
(2) "Educational loans" means all loans made pursuant to a federal loan program, except federal parent loans for undergraduate students (PLUS) loans, as provided in 20 U.S.C. 1078-2.
(3) "Federal loan program" means educational loans authorized by 20 U.S.C. 1071, et seq., 20 U.S.C. 1087a, et seq., and 20 U.S.C. 1087aa, et seq.
(4) "Impacted school" means:
(a) a special education cooperative;
(b) the Montana school for the deaf and blind, as described in 20-8-101;
(c) the Montana youth challenge program, as established in 10-1-1401;
(d) a correctional facility, as defined in 41-5-103;
(e) a public school located on an Indian reservation; and
(f) a public school that, driving at a reasonable speed for the road surface, is located more than 20 minutes from a Montana city with a population greater than 15,000 based on the most recent federal decennial census.
(5) (a) "Quality educator" means a full-time equivalent educator, as reported to the superintendent of public instruction for accreditation purposes in the current school year, who:
(i) holds a valid certificate under the provisions of 20-4-106 and is employed by an entity listed in subsection (5)(b) in a position that requires an educator license in accordance with administrative rules adopted by the board of public education; or
(ii) 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 is employed by an entity listed in subsection (5)(b) to provide services to students.
(b) For purposes of subsection (5)(a), an entity means:
(i) a school district;
(ii) an education cooperative;
(iii) the Montana school for the deaf and blind, as described in 20-8-101;
(iv) the Montana youth challenge program; and
(v) a correctional facility, as defined in 41-5-103.
(6) "School district" means a public school district, as provided in 20-6-101 and 20-6-701.
History: En. Sec. 2, Ch. 1, Sp. L. May 2007; amd. Sec. 1, Ch. 59, L. 2009; amd. Sec. 4, Ch. 347, L. 2019; amd. Sec. 3, Ch. 339, L. 2021; amd. Sec. 1, Ch. 232, L. 2023; amd. Sec. 15, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-503. Critical quality educator shortages -- impacted schools

20-4-503. Critical quality educator shortages -- impacted schools.
(1) The board of public education, in consultation with the office of public instruction, shall maintain and make publicly available a current list of impacted schools.
(2) A quality educator working at an impacted school is eligible for repayment of all or part of the quality educator's outstanding educational loans existing at the time of application in accordance with the eligibility and award criteria established under this part. If a quality educator is eligible for loan assistance and remains employed in the same impacted school or another impacted school within the same school district, the quality educator remains eligible for a lifetime total of up to 3 years of state-funded loan repayment assistance and an additional 1 year of loan repayment assistance funded by the impacted school or the district under which the impacted school is operated pursuant to 20-4-504(2).
History: En. Sec. 3, Ch. 1, Sp. L. May 2007; amd. Sec. 2, Ch. 85, L. 2017; amd. Sec. 5, Ch. 347, L. 2019; amd. Sec. 1, Ch. 321, L. 2021; amd. Sec. 48, Ch. 503, L. 2021; amd. Sec. 2, Ch. 232, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-504. Loan repayment assistance

20-4-504. Loan repayment assistance.
(1) Loan repayment assistance may be provided on behalf of a quality educator who:
(a) is newly hired in an impacted school; and
(b) has an educational loan that is not in default and that has a minimum unpaid current balance of at least $1,000 at the time of application.
(2) A quality educator is eligible for state-funded loan repayment assistance for a lifetime total of no more than 3 years and an additional 1 year of loan repayment assistance voluntarily funded by the impacted school or the district under which the impacted school is operated, with the maximum annual loan repayment assistance not to exceed:
(a) $3,000 of state-funded loan repayment assistance after the first complete year of teaching in an impacted school;
(b) $4,000 of state-funded loan repayment assistance after the second complete year of teaching in the same impacted school or another impacted school within the same school district;
(c) $5,000 of state-funded loan repayment assistance after the third complete year of teaching in the same impacted school or another impacted school within the same school district; and
(d) up to $5,000 of loan repayment assistance funded by the impacted school or the district under which the impacted school is operated after the fourth complete year of teaching in the same impacted school or another impacted school within the same school district.
(3) If the funding for state-funded loan repayment assistance in any year is less than the total amount for which Montana quality educators qualify, the superintendent of public instruction shall prorate repayment assistance amounts accordingly.
History: En. Sec. 4, Ch. 1, Sp. L. May 2007; amd. Sec. 6, Ch. 347, L. 2019; amd. Sec. 3, Ch. 232, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-505. Loan repayment assistance documentation

20-4-505. Loan repayment assistance documentation.
(1) A quality educator shall submit an application for loan repayment assistance to the superintendent of public instruction in accordance with policies and procedures adopted by the superintendent of public instruction. The application must include official verification or proof of the applicant's total unpaid accumulated educational loan debt and other documentation required by the superintendent of public instruction that is necessary for verification of the applicant's eligibility.
(2) The superintendent of public instruction may require a quality educator who is eligible for loan repayment assistance to provide documentation that the quality educator has exhausted repayment assistance from other federal, state, or local loan forgiveness, discharge, or repayment incentive programs.
(3) The superintendent of public instruction may remit payment of the loan on behalf of the quality educator in accordance with the requirements of this part and policies and procedures adopted by the superintendent of public instruction.
(4) An impacted school or a school district under which an impacted school is operated may remit payment of the loan on behalf of a quality educator eligible for loan repayment assistance under this section in accordance with 20-4-504.
History: En. Sec. 5, Ch. 1, Sp. L. May 2007; amd. Sec. 3, Ch. 85, L. 2017; amd. Sec. 7, Ch. 347, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 5. Quality Educator Loan Assistance Program › 20-4-506. Repealed

20-4-506. Repealed.
Sec. 8, Ch. 347, L. 2019.
History: En. Sec. 6, Ch. 1, Sp. L. May 2007; amd. Sec. 4, Ch. 85, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 4. Teachers, Superintendents, and Principals › Part 7. Teacher Residency Program › 20-4-701. Legislative findings -- intent

20-4-701. Legislative findings -- intent.
(1) The legislature finds and affirms that, pursuant to 20-9-309, the definition of "a basic system of free quality public elementary and secondary schools" requires the recruitment and retention of qualified and effective teachers.
(2) The legislature finds and declares that the provision of and participation in a teacher residency program is constitutionally compliant and protected. The legislature declares that any public or private regulation that discriminates against a school district or an undergraduate student participating in a teacher residency program is inconsistent with constitutional goals and guarantees under Article X of the Montana constitution.
(3) The legislature intends that the teacher residency program be implemented in a collaborative and efficient manner among the various partnering entities and in a manner that results in teachers who participate in the program being:
(a) better prepared to teach effectively in the years following the program; and
(b) more inclined to remain in the teaching profession longer, especially in rural schools and high-need content areas.
History: En. Sec. 1, Ch. 545, L. 2023.