reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-102. Compulsory enrollment and excuses

20-5-102. Compulsory enrollment and excuses.
(1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to be instructed in the program prescribed by the board of public education pursuant to 20-7-111 until the later of the following dates:
(a) the child's 16th birthday; or
(b) the date of completion of the work of the 8th grade.
(2) A parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when the parent, guardian, or person establishes residence in the district unless the child is:
(a) enrolled in a school of another district or state under any of the tuition provisions of this title;
(b) provided with supervised correspondence study or supervised home study under the transportation provisions of this title;
(c) excused from compulsory school attendance upon a determination by a district judge that attendance is not in the best interest of the child;
(d) excused by the board of trustees upon a determination that attendance by a child who has attained the age of 16 is not in the best interest of the child and the school; or
(e) enrolled in a nonpublic or home school that complies with the provisions of 20-5-109. For the purposes of this subsection (2)(e), a home school is the instruction by a parent of the parent's child, stepchild, or ward in the parent's residence and a nonpublic school includes a parochial, church, religious, or private school. A child enrolled in a nonpublic or home school may enroll on a part-time basis in a public school.
History: En. 75-6303 by Sec. 116, Ch. 5, L. 1971; amd. Sec. 1, Ch. 389, L. 1971; amd. Sec. 3, Ch. 91, L. 1973; amd. Sec. 2, Ch. 137, L. 1975; R.C.M. 1947, 75-6303; amd. Sec. 1, Ch. 504, L. 1979; amd. Sec. 1, Ch. 355, L. 1983; amd. Sec. 1, Ch. 249, L. 1991; amd. Sec. 293, Ch. 56, L. 2009; amd. Sec. 2, Ch. 617, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-103. Compulsory attendance and excuses

20-5-103. Compulsory attendance and excuses.
(1) Except as provided in subsection (2), a parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall ensure the child attends the school in which the child is enrolled for the school term and each school day in the term prescribed by the trustees of the district until the later of the following dates:
(a) the child's 16th birthday; or
(b) the date the child completes 8th grade.
(2) The provisions of subsection (1) do not apply in the following cases:
(a) The child has been excused under one of the conditions specified in 20-5-102.
(b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of the trustees.
(c) The child has been suspended or expelled under the provisions of 20-5-202.
(d) The child is excused pursuant to 20-7-120.
(e) The child is excused pursuant to 40-6-701(1) or 40-6-703(1)(d).
History: En. 75-6304 by Sec. 117, Ch. 5, L. 1971; amd. Sec. 8, Ch. 266, L. 1977; R.C.M. 1947, 75-6304; amd. Sec. 2, Ch. 504, L. 1979; amd. Sec. 294, Ch. 56, L. 2009; amd. Sec. 1, Ch. 316, L. 2021; amd. Sec. 4, Ch. 693, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-104. Attendance officer

20-5-104. Attendance officer.
In order to enforce the compulsory attendance provisions of this title, each district shall have at least one person serving as an attendance officer according to the following requirements:
(1) districts of the first class and districts of the second class with a dropout rate higher than the statewide average dropout rate as calculated by the office of public instruction shall appoint one or more of the district's staff as attendance officers;
(2) districts of the second class with a dropout rate at or below the statewide average dropout rate as calculated by the office of public instruction and districts of the third class may appoint one or more of the district's staff as attendance officers; or
(3) the county superintendent must be the attendance officer in second-class or third-class districts that do not appoint an attendance officer.
History: En. 75-6305 by Sec. 118, Ch. 5, L. 1971; R.C.M. 1947, 75-6305; amd. Sec. 1, Ch. 281, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-105. Attendance officer -- powers and duties

20-5-105. Attendance officer -- powers and duties.
The attendance officer of a district:
(1) must, subject to district policy, be vested with police powers, the authority to serve warrants, and the authority to enter places of employment of children in order to enforce the compulsory attendance provisions of this title;
(2) may, subject to district policy, take into custody any child subject to compulsory attendance who is not excused under the provisions of this title and conduct the child to the school in which the child is or should be enrolled;
(3) may, subject to district policy, do whatever else is required to investigate and enforce the compulsory attendance provisions of this title and the pupil attendance policies of the trustees;
(4) may, subject to district policy, institute proceedings against any parent, guardian, or other person violating the compulsory attendance provisions of this title;
(5) may, subject to district policy, keep a record of transactions for the inspection and information of the trustees and shall make reports in the manner and to whomever the trustees designate; and
(6) may, subject to district policy, perform any other duties prescribed by the trustees to preserve the morals and secure good conduct of the pupils of the district.
History: En. 75-6306 by Sec. 119, Ch. 5, L. 1971; R.C.M. 1947, 75-6306; amd. Sec. 295, Ch. 56, L. 2009; amd. Sec. 2, Ch. 281, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-106. Truancy

20-5-106. Truancy.
(1) For the purposes of this part "truant" or "truancy" means the persistent nonattendance without excuse, as defined by district policy, for all or any part of a school day equivalent to the length of one class period of a child required to attend a school under 20-5-103.
(2) If an attendance officer discovers a child is truant, the attendance officer may make a reasonable effort to notify the parent, guardian, or other person responsible for the care of the child that the continued truancy of the child may result in the prosecution of the parent, guardian, or other person responsible for the care of the child under the provisions of this section. If the child is discovered to be truant after the attendance officer has made a reasonable effort to notify the parent, guardian, or other person responsible for the care of the child, the attendance officer may require that the parent, guardian, or other person responsible for the care of the child and the child meet with an individual designated by the school district to formulate a truancy plan to address and resolve the truancy. If the parent, guardian, or other person responsible for the care of the child fails to meet with the designated individual or fails to uphold the responsibilities under the provisions of the truancy plan, the attendance officer may refer the matter to the prosecuting attorney in a court of competent jurisdiction for a determination regarding whether to prosecute the parent, guardian, or other person responsible for the care of the child.
(3) (a) If convicted, the person shall be fined not more than $100, ordered to perform up to 20 hours of community service, or required to give bond in the penal sum of $100, with sureties, conditioned on the person's agreement to cooperate with the district in implementing the truancy plan provided for in subsection (2) for the remainder of the current school term.
(b) If a person fails to comply with an order of the court issued under subsection (3)(a), the person may be imprisoned in the county jail for a term of not more than 3 days.
(4) (a) If the child is discovered by the attendance officer to be truant on 9 or more days or 54 or more parts of a day in 1 school year, the child may be referred to youth court as habitually truant under Title 41, chapter 5.
(b) Following a referral to youth court under subsection (4)(a), an attendance officer shall inform the youth court of any subsequent truancies by the child, and the youth court may find the child to be a youth in need of intervention as defined in 41-5-103 and make any of the dispositions provided in 41-5-1512.
History: En. 75-6307 by Sec. 120, Ch. 5, L. 1971; R.C.M. 1947, 75-6307; amd. Sec. 296, Ch. 56, L. 2009; amd. Sec. 3, Ch. 281, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-107. Incapacitated and indigent child attendance

20-5-107. Incapacitated and indigent child attendance.
In lieu of the provisions of 20-5-106 and when an attendance officer is satisfied that a pupil or a child subject to compulsory attendance is not able to attend school because the child does not have the physical capacity or the child is absolutely required to work at home or elsewhere in order to provide support for the child or the child's family, the attendance officer shall report the case to the authorities charged with the relief of the poor. The welfare authorities shall offer relief that will enable the child to attend school. If the parent, guardian, or other person who is responsible for the care of the child denies or neglects the assistance offered to enable the child to attend school, the child must be committed to a state institution, at the discretion of the court.
History: En. 75-6308 by Sec. 121, Ch. 5, L. 1971; R.C.M. 1947, 75-6308; amd. Sec. 297, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-108. Tribal agreement with district for Indian child compulsory attendance and other agreements

20-5-108. Tribal agreement with district for Indian child compulsory attendance and other agreements.
It shall be the duty of the trustees of any district where an Indian child resides to require the child to attend school in the same manner as any other child residing in the district, unless it is prohibited by the laws or treaties affecting the Indian tribe of which such child is a member or the Indian reservation on which such child resides. When such a prohibition exists, the trustees of any district shall have the authority to accept from the tribal council or other governing body of the Indian tribe or the Indian reservation authorization to enforce the compulsory attendance provisions of this title and compel the school attendance of the Indian children belonging to the tribe or residing on the reservation.
History: En. 75-6309 by Sec. 122, Ch. 5, L. 1971; R.C.M. 1947, 75-6309(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-109. Nonpublic school requirements for compulsory enrollment exemption

20-5-109. Nonpublic school requirements for compulsory enrollment exemption.
To qualify its students for exemption from compulsory enrollment under 20-5-102, a nonpublic or home school:
(1) shall maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request;
(2) shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302;
(3) must be housed in a building that complies with applicable local health and safety regulations;
(4) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111; and
(5) in the case of home schools, shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school.
History: En. Sec. 2, Ch. 355, L. 1983; amd. Sec. 3, Ch. 498, L. 1989; amd. Sec. 9, Ch. 138, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-110. School district assessment for placement of a child who enrolls from a nonaccredited, nonpublic school

20-5-110. School district assessment for placement of a child who enrolls from a nonaccredited, nonpublic school.
The trustees of a school district shall:
(1) adopt a district policy on assessment for placement of any child who enrolls in a school of the district and whose previous place of instruction was a nonpublic school that is not accredited;
(2) include in the adopted policy the following provisions:
(a) the specific assessment for placement to be administered to any child subject to the provisions of subsection (1);
(b) a procedure for grade and program placement of the child based on results of the assessment for placement, including considerations for the age and identified abilities of the child; and
(c) a hearing process before the board of trustees of the district if the parent or guardian of a child is not in agreement with the placement of the child and requests a hearing before the board; and
(3) administer the adopted policy required in subsection (1) in a uniform and fair manner.
History: En. Sec. 1, Ch. 498, L. 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-111. Responsibilities and rights of parent who provides home school

20-5-111. Responsibilities and rights of parent who provides home school.
Subject to the provisions of 20-5-109, a parent has the authority to instruct the parent's child, stepchild, or ward in a home school and is solely responsible for:
(1) the educational philosophy of the home school;
(2) the selection of instructional materials, curriculum, and textbooks;
(3) the time, place, and method of instruction; and
(4) the evaluation of the home school instruction.
History: En. Sec. 1, Ch. 444, L. 1991; amd. Sec. 298, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 1. Attendance › 20-5-112. Participation in extracurricular activities

20-5-112. Participation in extracurricular activities.
(1) A school district or an athletic association, conference, or organization with authority over interscholastic sports may not prohibit or restrict the ability of a student attending a nonpublic or home school meeting the requirements of 20-5-109 from participating in extracurricular activities at a school in the student's resident school district solely on the student's enrollment at the public school or on the number of hours the student physically attends the public school.
(2) Except as provided in subsections (1) and (3), a student attending a nonpublic or home school who participates in extracurricular activities at a public school is subject to:
(a) the same standards for participation as those required of full-time students enrolled in the school;
(b) the same rules of any interscholastic organization of which the school of participation is a member.
(3) (a) The academic eligibility for extracurricular participation for a student attending a nonpublic school must be attested by the head administrator of the nonpublic school.
(b) The academic eligibility for extracurricular participation for a student attending a home school must be attested in writing by the educator providing the student instruction with verification by the school principal. The verification may not include any form of student assessment.
History: En. Sec. 1, Ch. 297, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 2. Duties -- Prohibitions -- Penalties › 20-5-203. Secret organization prohibited

20-5-203. Secret organization prohibited.
(1) It shall be unlawful for any pupil to participate in or be a member of any secret fraternity or other secret organization that is in any degree a school organization. It also shall be unlawful for any pupil or other person to solicit any pupil to join any such prohibited secret fraternity or other secret organization.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not less than $5 or more than $25 for each violation.
History: En. 75-6312 by Sec. 125, Ch. 5, L. 1971; R.C.M. 1947, 75-6312.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 2. Duties -- Prohibitions -- Penalties › 20-5-207. Short title

20-5-207. Short title.
Sections 20-5-207 through 20-5-210 may be cited as the "Bully-Free Montana Act".
History: En. Sec. 1, Ch. 253, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 2. Duties -- Prohibitions -- Penalties › 20-5-208. Definition

20-5-208. Definition.
(1) "Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student that is persistent, severe, or repeated and that:
(a) causes a student physical harm, damages a student's property, or places a student in reasonable fear of harm to the student or the student's property;
(b) creates a hostile environment by interfering with or denying a student's access to an educational opportunity or benefit; or
(c) substantially and materially disrupts the orderly operation of a school.
(2) The term includes retaliation against a victim or witness who reports information about an act of bullying and includes acts of hazing associated with athletics or school-sponsored organizations or groups.
History: En. Sec. 2, Ch. 253, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 2. Duties -- Prohibitions -- Penalties › 20-5-209. Bullying of student prohibited -- self-defense authorized

20-5-209. Bullying of student prohibited -- self-defense authorized.
(1) Bullying of a student enrolled in a public K-12 school by another student or an employee is prohibited.
(2) A student who is physically attacked is entitled to use physical force that is reasonable and necessary for self-protection.
(3) A student who witnesses another person being physically attacked is entitled to use reasonable and necessary physical restraint, defined as the placing of hands on another in a manner that is reasonable or necessary to protect the person from physical harm.
(4) A school district shall investigate a student's use of physical force and may not reprimand or discipline a student who is found through the investigation to have more likely than not used physical force for self-protection or in protection of another pursuant to subsection (3).
History: En. Sec. 3, Ch. 253, L. 2015; amd. Sec. 2, Ch. 266, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 2. Duties -- Prohibitions -- Penalties › 20-5-210. Enforcement -- exhaustion of administrative remedies

20-5-210. Enforcement -- exhaustion of administrative remedies.
(1) A person alleging a violation of 20-5-207 through 20-5-210 may seek redress under any available law after exhausting all administrative remedies.
(2) Nothing in this section precludes a person from contacting law enforcement in relation to incidents of bullying at any point in time.
History: En. Sec. 4, Ch. 253, L. 2015; amd. Sec. 1, Ch. 216, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-301. Repealed

20-5-301. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6313 by Sec. 126, Ch. 5, L. 1971; amd. Sec. 9, Ch. 266, L. 1977; R.C.M. 1947, 75-6313; amd. Sec. 1, Ch. 655, L. 1985; amd. Sec. 67, Ch. 370, L. 1987; amd. Sec. 22, Ch. 609, L. 1987; amd. Sec. 1, Ch. 492, L. 1989; amd. Sec. 1, Ch. 765, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-302. Repealed

20-5-302. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6314 by Sec. 127, Ch. 5, L. 1971; R.C.M. 1947, 75-6314.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-303. Repealed

20-5-303. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6320 by Sec. 133, Ch. 5, L. 1971; R.C.M. 1947, 75-6320; amd. Sec. 2, Ch. 249, L. 1981; amd. Sec. 1, Ch. 263, L. 1983; amd. Sec. 1, Ch. 611, L. 1985; amd. Sec. 1, Ch. 42, L. 1989; amd. Sec. 186, Ch. 368, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-304. Repealed

20-5-304. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6315 by Sec. 128, Ch. 5, L. 1971; R.C.M. 1947, 75-6315.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-305. Repealed

20-5-305. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-7201 by Sec. 340, Ch. 5, L. 1971; amd. Sec. 2, Ch. 251, L. 1974; R.C.M. 1947, 75-7201; amd. Sec. 1, Ch. 223, L. 1983; amd. Sec. 1, Ch. 279, L. 1987; amd. Sec. 11, Ch. 11, Sp. L. June 1989; amd. Sec. 1, Ch. 380, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-306. Repealed

20-5-306. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-7202 by Sec. 341, Ch. 5, L. 1971; amd. Sec. 3, Ch. 251, L. 1974; R.C.M. 1947, 75-7202.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-307. Repealed

20-5-307. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-7203 by Sec. 342, Ch. 5, L. 1971; amd. Sec. 15, Ch. 277, L. 1977; R.C.M. 1947, 75-7203; amd. Sec. 1, Ch. 207, L. 1987; amd. Sec. 29, Ch. 83, L. 1989; amd. Sec. 4, Ch. 767, L. 1991; amd. Sec. 2, Ch. 133, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-311. Repealed

20-5-311. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6316 by Sec. 129, Ch. 5, L. 1971; amd. Sec. 1, Ch. 211, L. 1974; R.C.M. 1947, 75-6316; amd. Sec. 1, Ch. 401, L. 1979; amd. Sec. 1, Ch. 504, L. 1983; amd. Sec. 1, Ch. 652, L. 1985; amd. Sec. 2, Ch. 655, L. 1985; amd. Sec. 1, Ch. 394, L. 1987; amd. Sec. 2, Ch. 765, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-312. Repealed

20-5-312. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6317 by Sec. 130, Ch. 5, L. 1971; amd. Sec. 1, Ch. 251, L. 1974; R.C.M. 1947, 75-6317; amd. Sec. 2, Ch. 401, L. 1979; amd. Sec. 2, Ch. 504, L. 1983; amd. Sec. 1, Ch. 70, L. 1985; amd. Sec. 2, Ch. 279, L. 1987; amd. Sec. 3, Ch. 337, L. 1989; amd. Sec. 12, Ch. 11, Sp. L. June 1989; amd. Sec. 2, Ch. 380, L. 1991; amd. Sec. 5, Ch. 767, L. 1991; amd. Sec. 3, Ch. 133, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-313. Repealed

20-5-313. Repealed.
Sec. 19, Ch. 563, L. 1993.
History: En. 75-6321 by Sec. 134, Ch. 5, L. 1971; R.C.M. 1947, 75-6321; amd. Sec. 3, Ch. 401, L. 1979; amd. Sec. 1, Ch. 249, L. 1981; amd. Sec. 2, Ch. 263, L. 1983; amd. Sec. 2, Ch. 611, L. 1985; amd. Sec. 187, Ch. 368, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-314. Reciprocal attendance agreement with adjoining state or province

20-5-314. Reciprocal attendance agreement with adjoining state or province.
(1) The superintendent of public instruction may execute a reciprocal attendance agreement with the superintendent of public instruction or a department of education of any state or province adjoining Montana to allow a child who is a Montana resident to attend school in the adjoining state or province and a child of the adjoining state or province to attend school in Montana. In negotiating a reciprocal attendance agreement, the tuition rates prescribed by 20-5-323 are waived and the reciprocal tuition rate may be negotiated as a flat amount or an actual-cost-per-pupil amount. The superintendent of public instruction shall supply a copy of any reciprocal attendance agreement that is executed to the county superintendent of each county that may be affected by the agreement.
(2) An out-of-district attendance agreement approved under the provisions of 20-5-320 and 20-5-321 must be completed for a child's attendance at a school outside the state or for an out-of-state child to attend a school in Montana.
History: En. 75-6318 by Sec. 131, Ch. 5, L. 1971; R.C.M. 1947, 75-6318; amd. Sec. 8, Ch. 563, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-315. Repealed

20-5-315. Repealed.
Sec. 195, Ch. 575, L. 1981.
History: En. 75-6319 by Sec. 132, Ch. 5, L. 1971; amd. Sec. 1, Ch. 109, L. 1971; R.C.M. 1947, 75-6319.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 3. Attendance Outside School District › 20-5-316. Repealed

20-5-316. Repealed.
Sec. 7, Ch. 529, L. 1997.
History: En. Sec. 11, Ch. 765, L. 1991; Sec. 20-7-437, MCA 1991; redes. 20-5-316 by Sec. 21, Ch. 563, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-401. Repealed

20-5-401. Repealed.
Sec. 13, Ch. 147, L. 1979.
History: En. 75-5933 by Sec. 62, Ch. 5, L. 1971; amd. Sec. 1, Ch. 69, L. 1973; amd. Sec. 1, Ch. 280, L. 1973; R.C.M. 1947, 75-5933(19).
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-402. Definitions

20-5-402. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Governing authority" means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school.
(3) "Immunization" means induction of a state of resistance to a disease through administration of an immunizing agent.
(4) "Local health department" means a city, city-county, county, or district health department.
(5) "Local health officer" means a city, city-county, county, or district health officer.
(6) "Postsecondary school" means a community college, a unit of the Montana university system, or a private university or college.
(7) "Preschool" means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:
(a) serves no child under 5 years of age for more than 3 hours a day; and
(b) serves no child 5 years of age for more than 6 hours a day.
(8) "School" means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:
(a) any combination of kindergarten through grade 12;
(b) a postsecondary school; or
(c) a preschool.
History: En. Sec. 1, Ch. 147, L. 1979; amd. Sec. 1, Ch. 644, L. 1989; amd. Sec. 12, Ch. 308, L. 1995; amd. Sec. 47, Ch. 418, L. 1995; amd. Sec. 66, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-403. Immunization required -- release and acceptance of immunization records -- notice of exemptions required

20-5-403. Immunization required -- release and acceptance of immunization records -- notice of exemptions required.
(1) The governing authority of any school other than a postsecondary school may not allow a person to attend as a pupil unless the person:
(a) has been immunized against varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and with immunizing agents approved by the department;
(b) has been immunized against Haemophilus influenza type "b" before enrolling in a preschool if under 5 years of age;
(c) qualifies for conditional attendance; or
(d) files for an exemption as provided in 20-5-405.
(2) (a) The governing authority of a postsecondary school may not allow a person to attend as a pupil unless the person:
(i) has been immunized against rubella and measles (rubeola) in the manner and with immunizing agents approved by the department; or
(ii) files for an exemption as provided in 20-5-405.
(b) The governing authority of a postsecondary school may, as a condition of attendance, impose immunization requirements that are more stringent than those required by this part, subject to the exemptions provided for in 20-5-405.
(3) A pupil who transfers from one school district to another may photocopy immunization records in the possession of the school of origin. The school district to which a pupil transfers shall accept the photocopy as evidence of immunization. Within 30 days after a transferring pupil ceases attendance at the school of origin, the school shall retain a certified copy for the permanent record and send the original immunization records for the pupil to the school district to which the pupil transfers.
(4) Any communication from a school, including websites and social media postings, regarding the immunizations required under this section must include information about the exemptions available under 20-5-405, including copies of, or links to, exemption forms prescribed or developed by the department under 20-5-405.
History: En. Sec. 2, Ch. 147, L. 1979; amd. Sec. 1, Ch. 509, L. 1981; amd. Sec. 1, Ch. 102, L. 1983; amd. Sec. 2, Ch. 644, L. 1989; amd. Sec. 1, Ch. 165, L. 1991; amd. Sec. 1, Ch. 156, L. 2005; amd. Sec. 1, Ch. 124, L. 2015; amd. Sec. 1, Ch. 294, L. 2021; amd. Sec. 1, Ch. 534, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-404. Conditional attendance

20-5-404. Conditional attendance.
The governing authority of a school other than a postsecondary school may allow the commencement of attendance in school by a person who has not been immunized against each disease listed in 20-5-403 if that person has received one or more doses of the vaccine for each disease listed in 20-5-403, except that Haemophilus influenza type "b" vaccine is required only for children under 5 years of age.
History: En. Sec. 3, Ch. 147, L. 1979; amd. Sec. 2, Ch. 102, L. 1983; amd. Sec. 3, Ch. 644, L. 1989; amd. Sec. 2, Ch. 165, L. 1991; amd. Sec. 2, Ch. 124, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-406. Immunization record

20-5-406. Immunization record.
The governing authority of each school shall require written evidence of each pupil's immunization against the diseases listed in 20-5-403 and shall record the immunization status, including any exemptions, of each pupil as part of the pupil's permanent school record.
History: En. Sec. 5, Ch. 147, L. 1979; amd. Sec. 300, Ch. 56, L. 2009; amd. Sec. 3, Ch. 294, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-408. Enforcement

20-5-408. Enforcement.
(1) The governing authority of any school other than a postsecondary school shall prohibit from further attendance any pupil allowed to attend conditionally who has failed to obtain the immunizations required by 20-5-403(1) within time periods established by the department until that pupil has been immunized as required by the department or unless that pupil has been exempted under 20-5-405.
(2) The governing authority shall conform with the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as amended, and its implementing regulations at 34 CFR, part 99.
(3) A student's health records, including information related to immunizations received and immunization exemptions, are considered part of the student's education record and are protected from disclosure as provided in the Family Educational Rights and Privacy Act of 1974.
History: En. Sec. 7, Ch. 147, L. 1979; amd. Sec. 4, Ch. 102, L. 1983; amd. Sec. 5, Ch. 644, L. 1989; amd. Sec. 4, Ch. 294, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-409. Failure to immunize or claim exemption -- injunction

20-5-409. Failure to immunize or claim exemption -- injunction.
(1) A parent, guardian, or adult having the responsibility for the care and custody of a minor required by law to attend school shall elect to do one of the following:
(a) present evidence to the school that the minor has been immunized against the diseases specified in 20-5-403;
(b) take action to fully immunize the minor against the diseases listed in 20-5-403, in the manner and with immunizing agents approved by the department;
(c) file for an exemption pursuant to 20-5-405.
(2) If, as a result of the parent, guardian, or responsible adult's failure to make the election referred to in subsection (1), the minor is excluded from school, the department or the local health department may seek an injunction requiring the parent, guardian, or responsible adult to elect and perform one of the alternatives listed in subsection (1).
(3) Injunction is the exclusive remedy for failure to take any of the actions referred to in subsection (1).
History: En. Sec. 8, Ch. 147, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-410. Civil penalty

20-5-410. Civil penalty.
(1) Any person who violates any provision of this part, any rule promulgated under this part, or any order made pursuant to this part, with the exception of 20-5-409 and any rule adopted or order issued pursuant to 20-5-409, is subject to a civil penalty not to exceed $500. The department or the local health department may institute and maintain any enforcement proceedings hereunder.
(2) Action under subsection (1) is not a bar to enforcement of this part or of rules or orders made under it by injunction or other appropriate civil remedies.
(3) An action for a civil remedy to enforce this part or rules or orders made under it may be brought in the district court of any county where a violation occurs or is threatened.
History: En. Sec. 9, Ch. 147, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-412. Definition -- parent-designated adult -- administration of glucagon -- training

20-5-412. Definition -- parent-designated adult -- administration of glucagon -- training.
(1) As used in 20-5-413 and this section, "parent-designated adult" means a school district employee, selected by a parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503, an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502, or a guardian of a diabetic student, who voluntarily agrees to administer glucagon to the student.
(2) A parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503, an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502, or a guardian of a diabetic student may designate an adult to administer glucagon to the student as provided in subsection (3). Written proof of the designation by a parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503, an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502, or a guardian and acceptance of the designation by the parent-designated adult must be filed with the school district.
(3) A parent-designated adult may administer glucagon to a diabetic student in an emergency situation. The glucagon must be provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503, an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502, or a guardian of the student.
(4) A parent-designated adult must be trained in recognizing hypoglycemia and the proper method of administering glucagon. Training must be provided by a health care professional, as defined in 33-36-103, or a recognized expert in diabetic care selected by the parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to 20-5-503, an individual who has executed a caretaker relative medical authorization affidavit pursuant to 40-6-502, or a guardian. Written documentation of the training received by the parent-designated adult must be filed with the school district.
History: En. Sec. 1, Ch. 421, L. 2003; amd. Sec. 3, Ch. 393, L. 2007; amd. Sec. 6, Ch. 442, L. 2007.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-413. Limits on liability

20-5-413. Limits on liability.
(1) A parent-designated adult who administers glucagon pursuant to 20-5-412 is not liable to a person for civil damages resulting from administering the glucagon unless the acts or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
(2) The school district employing the parent-designated adult is not liable to a person for civil damages resulting from the administration of the glucagon unless the acts or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
History: En. Sec. 2, Ch. 421, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-421. Emergency use of epinephrine in school setting

20-5-421. Emergency use of epinephrine in school setting.
A school, whether public or nonpublic, may maintain a stock supply of autoinjectable epinephrine to be administered by a school nurse or other authorized personnel to any student or nonstudent as needed for actual or perceived anaphylaxis. A school that intends to obtain an order for emergency use of epinephrine in a school setting or at related activities shall adhere to the following requirements:
(1) A school that stocks an epinephrine autoinjector shall develop a protocol related to the training of school employees, the maintenance and location of the epinephrine autoinjector, and immediate and long-term followup to the administration of the medication, including making a 9-1-1 emergency call.
(2) The epinephrine autoinjector must be prescribed by a physician, advanced practice registered nurse, or physician assistant. The school must be designated as the patient, and each prescription for an epinephrine autoinjector must be filled by a licensed pharmacy.
(3) The school shall provide training to authorized personnel. The training must include causes of anaphylaxis, recognition of signs and symptoms of anaphylaxis, indications for the administration of epinephrine, the administration technique, and the need for immediate access to a certified emergency responder. Training must be provided by a school nurse, certified emergency responder, or other health care professional.
(4) The epinephrine autoinjector must be kept in a secure and easily accessible location.
(5) A school nurse or other authorized personnel may, in good faith, administer the epinephrine to any student or nonstudent who is experiencing a potential life-threatening anaphylactic reaction based on the protocol developed by the school.
(6) If a school stocks an epinephrine autoinjector that has been prescribed to the school, that school shall inform parents or guardians about the potential use of the epinephrine autoinjector in an anaphylactic emergency. The school shall make the protocol available upon request.
(7) In accordance with the provisions of 27-1-714, a school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the administration of epinephrine to a student or nonstudent unless an act or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
History: En. Sec. 2, Ch. 189, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 4. Health › 20-5-426. Emergency use of opioid antagonist in school setting -- limit on liability

20-5-426. Emergency use of opioid antagonist in school setting -- limit on liability.
(1) A school, whether public or nonpublic, may maintain a stock supply of an opioid antagonist to be administered by a school nurse or other authorized personnel to any student or nonstudent as needed for an actual or perceived opioid overdose. A school that intends to obtain an order for emergency use of an opioid antagonist in a school setting or at related activities shall adhere to the following requirements:
(a) A school that stocks an opioid antagonist shall develop a protocol related to the training of school employees, the maintenance and location of the opioid antagonist, and immediate and long-term followup to the administration of the medication, including making a 9-1-1 emergency call.
(b) The opioid antagonist must be prescribed by a physician, advanced practice registered nurse, or physician assistant. The school must be designated as the patient, and each prescription for an opioid antagonist must be filled by a licensed pharmacy.
(c) The school shall provide training to authorized personnel. The training must include causes of opioid overdose, recognition of signs and symptoms of opioid overdose, indications for the administration of an opioid antagonist, administration technique, and the need for immediate access to a certified emergency responder. Training must be provided by a school nurse, certified emergency responder, or other health care professional.
(d) The opioid antagonist must be kept in a secure and easily accessible location.
(e) A school nurse or other authorized personnel may, in good faith, administer the opioid antagonist to any student or nonstudent who is experiencing a potential life-threatening opioid overdose based on the protocol developed by the school.
(f) If a school stocks an opioid antagonist that has been prescribed to the school, that school shall inform parents or guardians about the potential use of the opioid antagonist in an opioid overdose emergency. The school shall make the protocol available upon request.
(g) A school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the administration of an opioid antagonist to a student or nonstudent unless an act or omission is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
(2) For the purposes of this section, "opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.
History: En. Sec. 1, Ch. 154, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 5. Pupils › Part 5. Enrollment of Pupil by Caretaker Relative › 20-5-502. Enrollment by caretaker relative -- residency -- affidavit

20-5-502. Enrollment by caretaker relative -- residency -- affidavit.
(1) A caretaker relative of a child who has voluntarily been given custody of the child by a parent of the child may, in accordance with this section, enroll the child in school using the rules of residence provided in 1-1-215 if:
(a) in leaving the child with the caretaker relative, the parent expressed no definite time period in which the parent would return for the child;
(b) the child is residing with the caretaker relative on a full-time basis;
(c) the caretaker relative is unable to contact either of the parents after the parents voluntarily leave the child with the caretaker relative or a parent whom the caretaker relative is able to contact is unable or unwilling to regain custody of the child;
(d) no adequate provision, such as the appointment of a guardian ad litem or execution of a power of attorney, has otherwise been made for the educational needs of the child; and
(e) a caretaker relative educational authorization affidavit is completed in compliance with 20-5-503.
(2) A caretaker relative of a child who has voluntarily been given custody of the child by a parent of the child may enroll the child in school unless the child's residency with the caretaker relative is primarily for the purpose of:
(a) attending a particular school; or
(b) participating in athletics at a particular school.
(3) If the child was subject to formal disciplinary action, including suspension or expulsion, at the child's previous school, the school district in which the caretaker relative seeks to enroll the child may either implement the previous school district's disciplinary action without further due process or hold a hearing and determine whether the student's conduct in the previous school district merits denial of enrollment. If the district decides to enroll the child, then the school district may require the child to comply with a behavior contract as a condition of enrollment.
(4) The school district may require additional reasonable evidence that the caretaker relative lives at the address provided in the affidavit.
History: En. Sec. 2, Ch. 442, L. 2007; amd. Sec. 3, Ch. 211, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 1. School Districts -- General Provisions › 20-6-101. Definition of elementary and high school districts

20-6-101. Definition of elementary and high school districts.
(1) As used in this title, except as defined in 20-9-402 for bonding purposes or unless the context clearly indicates otherwise, the term "district" means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. High school districts may encompass all or parts of the territory of one or more elementary districts.
(2) (a) An elementary district is a district organized for the purpose of providing public education for all grades up to and including grade 8 and for preschool programs and kindergartens. An elementary district may be inactive if the district attaches to a high school district under the provisions of 20-6-701 to form a K-12 school district.
(b) A high school district is a district organized for the purpose of providing those public educational services authorized by this title for all grades beyond grade 8, including postsecondary programs, except those programs administered by community college districts or the Montana university system. A high school district with an attached elementary district may provide the educational services for an elementary district through the procedures established in 20-6-701 through 20-6-703.
(3) An elementary district is known as "District No....., ........ County" and a high school district, except a high school district where a county high school is operated, is known as "High School District No....., ........ County". A district is a body corporate and, as a body corporate, may sue and be sued, contract and be contracted with, and acquire, hold, use, and dispose of real or personal property for school purposes, within the limitations prescribed by law. Unless the context clearly indicates otherwise, the trustees of elementary districts and high school districts have the same types of powers, duties, and responsibilities authorized and imposed by the laws of Montana.
(4) As used in this title, unless the context clearly indicates otherwise, a county high school is a high school district that has not unified with an elementary district under 20-6-312.
History: En. 75-6501 by Sec. 160, Ch. 5, L. 1971; R.C.M. 1947, 75-6501; amd. Sec. 6, Ch. 555, L. 1991; amd. Sec. 14, Ch. 219, L. 1997.