reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-506. Annual allocation and distribution of traffic education account proceeds

20-7-506. Annual allocation and distribution of traffic education account proceeds.
(1) Subject to the provisions of subsection (2), the superintendent of public instruction shall annually order the distribution of all money in the traffic education account to the districts conducting approved traffic education courses. The distribution of the traffic education money must be based on the distribution policy promulgated by the superintendent of public instruction, provided that the reimbursements to districts must be based upon the number of pupils who, in a given school fiscal year, complete an approved traffic education course, including both the classroom instruction and behind-the-wheel driving.
(2) Before the funds in the traffic education account are disbursed, there must be appropriated to the superintendent of public instruction funds to administer the statewide traffic education program for eligible, young, novice drivers. The administration may include:
(a) supervision and assessment of approved traffic education courses;
(b) preparation for teachers of traffic education;
(c) development, printing, and distribution of essential instructional materials for traffic education; and
(d) any other activities considered necessary by the superintendent of public instruction, provided that the money is available only to support traffic education for young, novice drivers.
History: En. 75-7906 by Sec. 440, Ch. 5, L. 1971; amd. Sec. 1, Ch. 307, L. 1973; R.C.M. 1947, 75-7906; amd. Sec. 4, Ch. 39, Sp. L. November 1993; amd. Sec. 30, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 5. Traffic Education › 20-7-507. District traffic education fund

20-7-507. District traffic education fund.
The trustees of any district maintaining a traffic education course shall establish a special nonbudgeted fund with the county treasurer for traffic education. All nontax receipts for traffic education must be deposited in the district's traffic education fund. The expenditure of the money deposited in the district's traffic education fund is not subject to the budgeting provisions of this title, and the money may be expended for traffic education.
History: En. 75-7907 by Sec. 441, Ch. 5, L. 1971; R.C.M. 1947, 75-7907; amd. Sec. 5, Ch. 39, Sp. L. November 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-601. Free textbook provisions

20-7-601. Free textbook provisions.
(1) The trustees of each district shall provide free textbooks to the public school pupils of the district. The trustees shall purchase such textbooks at the expense of the district and loan them to such pupils free of charge, subject to the textbook damage policy of the trustees.
(2) For the purpose of this section only, textbooks shall not include those books or manuals which are rendered unusable as a result of having pages designed to be written upon or removed during the course of the study they serve. When the parents of a pupil attending a school of the district so request, such textbooks shall be sold to them at cost.
History: En. 75-7602 by Sec. 394, Ch. 5, L. 1971; R.C.M. 1947, 75-7602.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-602. Textbook selection and adoption

20-7-602. Textbook selection and adoption.
(1) Textbooks must be selected by the district superintendent or by the school principal if there is no district superintendent. The selections are subject to the approval of the trustees. In districts not employing a district superintendent or principal, the trustees shall select and adopt the textbooks on the basis of recommendations of the county superintendent.
(2) In selecting textbooks, the district shall ensure that the materials are made available to each blind or visually impaired child in a timely manner in accordance with the requirements of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.
History: En. 75-7603 by Sec. 395, Ch. 5, L. 1971; R.C.M. 1947, 75-7603; amd. Sec. 7, Ch. 490, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-603. Textbooks obtained from licensed textbook dealer

20-7-603. Textbooks obtained from licensed textbook dealer.
Textbooks selected and adopted by districts shall be obtained from a licensed textbook dealer.
History: En. 75-7604 by Sec. 396, Ch. 5, L. 1971; amd. Sec. 1, Ch. 89, L. 1973; R.C.M. 1947, 75-7604.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-604. Licensing textbook dealers

20-7-604. Licensing textbook dealers.
(1) Textbook dealers must be licensed to sell textbooks by the superintendent of public instruction. To obtain a license, a textbook dealer shall first file with the superintendent of public instruction the dealer's written agreement to:
(a) guarantee that textbooks must be supplied to any district at the listed, uniform sales prices in effect for schools, except that the prices may be reduced in accordance with this section;
(b) guarantee that at no time will any textbook sale price in Montana be a larger amount than the sale price to schools anywhere else in the United States under similar conditions of transportation and marketing; and
(c) reduce automatically the listed, uniform sales price to schools whenever reductions of these prices are made anywhere in the United States.
(2) (a) Textbook dealers filing the written agreement with the superintendent of public instruction shall also file a surety bond with the secretary of state. The surety bond must run to the state of Montana and be conditioned on the faithful performance of all duties imposed upon textbook dealers for the purpose of regulating the supply of textbooks to districts. The amount of the surety bond must be set by the superintendent of public instruction and may not be less than $2,000 or more than $10,000. It is the responsibility of the textbook dealer to maintain the surety bond on a current basis.
(b) The secretary of state may charge a fee for the filing of the surety bond required under this section. The fee must be set by rule and deposited in accordance with 2-15-405.
(3) When the textbook dealer has complied with the written agreement and surety bond requirements for licensing, the superintendent of public instruction shall issue a license to the textbook dealer.
History: En. 75-7605 by Sec. 397, Ch. 5, L. 1971; amd. Sec. 2, Ch. 89, L. 1973; R.C.M. 1947, 75-7605; amd. Sec. 7, Ch. 94, L. 2007; amd. Sec. 1, Ch. 69, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-605. Notification and processing of complaint against licensed textbook dealer

20-7-605. Notification and processing of complaint against licensed textbook dealer.
(1) A district or county superintendent shall notify the superintendent of public instruction whenever it is ascertained that a licensed textbook dealer is:
(a) offering to sell textbooks at a higher price than the listed uniform sales price filed with the superintendent of public instruction;
(b) offering to sell textbooks at a higher shipping point price than the shipping point price of the same textbooks distributed elsewhere in the United States; or
(c) in any other way performing contrary to the laws regulating the offering of textbooks for sale or adoption to districts.
(2) Upon receipt of such notification from the district or county superintendent, the superintendent of public instruction shall notify the appropriate licensed textbook dealer of the complaint. If the superintendent of public instruction finds that the licensed textbook dealer has violated any provision of this section and the dealer fails to rectify the error within 30 days of the notification of the finding of a violation, the dealer shall forfeit the dealer's surety bond. The attorney general, upon written request of the superintendent of public instruction, shall proceed to collect by legal action the full amount of the surety bond. Any amount recovered must be paid into the state general fund.
History: En. 75-7607 by Sec. 399, Ch. 5, L. 1971; amd. Sec. 3, Ch. 89, L. 1973; amd. Sec. 25, Ch. 266, L. 1977; R.C.M. 1947, 75-7607; amd. Sec. 31, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-606. Doing business without textbook dealer's license -- penalty

20-7-606. Doing business without textbook dealer's license -- penalty.
A textbook dealer who sells or offers for sale or adoption a textbook to any district or county superintendent without first obtaining a textbook license from the superintendent of public instruction shall be guilty of a misdemeanor. Upon conviction of the misdemeanor, the person shall be fined not less than $500 or more than $2,000.
History: En. 75-7608 by Sec. 400, Ch. 5, L. 1971; R.C.M. 1947, 75-7608; amd. Sec. 307, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-607. Restricting competition -- penalty

20-7-607. Restricting competition -- penalty.
At any time a licensed textbook dealer enters into any understanding, agreement, or combination to control textbook prices or otherwise restrict competition in the sale of textbooks, the dealer shall forfeit the dealer's surety bond and license. The attorney general shall institute and prosecute legal proceedings for the forfeiture of the surety bond of the licensed textbook dealer and for revocation of the dealer's license.
History: En. 75-7609 by Sec. 401, Ch. 5, L. 1971; R.C.M. 1947, 75-7609; amd. Sec. 308, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 6. Textbook Regulation › 20-7-608. Offer or acceptance of emoluments or other inducements -- penalty

20-7-608. Offer or acceptance of emoluments or other inducements -- penalty.
(1) A textbook dealer or the dealer's agent may not offer any emolument or other inducement to any trustee or school employee to influence the selection, adoption, or purchase of textbooks.
(2) A trustee, county superintendent, or school employee may not accept any emolument or other inducement from a textbook dealer or agent of the dealer for the use of the official's or employee's influence in the selection, adoption, or purchase of textbooks.
(3) The violation of any provisions of this section is a misdemeanor. In addition, any trustee, county superintendent, or school employee convicted of the misdemeanor must be removed from the officer's or employee's position.
(4) This section may not be construed to prevent the supplying of a necessary number of sample textbooks for the purpose of examination by school officials or school employees.
History: En. 75-7610 by Sec. 402, Ch. 5, L. 1971; R.C.M. 1947, 75-7610; amd. Sec. 309, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-701. Definition of adult basic education and adult education

20-7-701. Definition of adult basic education and adult education.
As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Adult basic education" means instruction in basic skills, such as reading, writing, arithmetic, and other skills required to function in society, offered to persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation. Adult basic education may include any subject normally offered in the basic curricula of an accredited elementary or secondary school in the state.
(2) "Adult education" means the instruction of persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation and the provision of advanced opportunities to qualified pupils pursuant to Title 20, chapter 7, part 15.
History: En. 75-7512 by Sec. 383, Ch. 5, L. 1971; amd. Sec. 2, Ch. 290, L. 1977; R.C.M. 1947, 75-7512; amd. Sec. 34, Ch. 658, L. 1987; amd. Sec. 13, Ch. 308, L. 1995; amd. Sec. 5, Ch. 279, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-702. Authorization to establish adult education programs

20-7-702. Authorization to establish adult education programs.
The trustees of a district or a community college district created prior to January 1, 2021, may establish and operate an adult education program at any time of the day when facilities and personnel are available. An adult education program may provide both basic and secondary general education, career and technical education, vocational-technical education, American citizenship education, including courses in the English language and American history and government, or any other areas of instruction approved by the trustees.
History: En. 75-7513 by Sec. 384, Ch. 5, L. 1971; R.C.M. 1947, 75-7513; amd. Sec. 12, Ch. 133, L. 2001; amd. Sec. 1, Ch. 171, L. 2011; amd. Sec. 6, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-703. Trustees' policies for adult education

20-7-703. Trustees' policies for adult education.
The trustees shall adopt such policies as are necessary for the supervision and administration of adult education when a program is established in the district.
History: En. 75-7514 by Sec. 385, Ch. 5, L. 1971; R.C.M. 1947, 75-7514.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-704. Adult education tuition and fees

20-7-704. Adult education tuition and fees.
The trustees of a district or a community college district created prior to January 1, 2021, may charge tuition for instruction and charge fees for the use of equipment and materials. The amount of the tuition and fees must be determined on a per-course basis or on the basis of the cost of the entire adult education program. All proceeds from tuition and fees must be deposited in the adult education fund.
History: En. 75-7516 by Sec. 387, Ch. 5, L. 1971; R.C.M. 1947, 75-7516; amd. Sec. 7, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-705. Adult education fund

20-7-705. Adult education fund.
(1) A separate adult education fund must be established when an adult education program is operated by a district or a community college district created prior to January 1, 2021. The financial administration of the fund must comply with the budgeting, financing, and expenditure provisions of the laws governing the schools.
(2) Whenever the trustees of a district establish an adult education program under the provisions of 20-7-702, they shall establish an adult education fund under the provisions of this section. The adult education fund is the depository for all district money received by the district in support of the adult education program. Federal and state adult education program money must be deposited in the miscellaneous programs fund.
(3) The trustees of a district may authorize the levy of a tax on the taxable value of all taxable property within the district for the operation of an adult education program.
(4) Whenever the trustees of a district decide to offer an adult education program during the ensuing school fiscal year, they shall budget for the cost of the program in the adult education fund of the final budget. Any expenditures in support of the adult education program under the final adult education budget must be made in accordance with the financial administration provisions of this title for a budgeted fund.
(5) When a tax levy for an adult education program is included as a revenue item on the final adult education budget, the county superintendent shall report the levy requirement to the county commissioners by the later of the first Tuesday in September or within 30 calendar days after receiving certified taxable values and a levy on the district must be made by the county commissioners in accordance with 20-9-142.
History: En. Secs. 346, 386, Ch. 5, L. 1971; R.C.M. 1947, 75-7207, 75-7515; amd. Sec. 1, Ch. 215, L. 1981; amd. Sec. 9, Ch. 555, L. 1991; amd. Sec. 5, Ch. 568, L. 1991; amd. Sec. 5, Ch. 133, L. 1993; amd. Sec. 1, Ch. 34, Sp. L. November 1993; amd. Sec. 1, Ch. 38, L. 1995; amd. Sec. 2, Ch. 211, L. 1997; amd. Sec. 6, Ch. 430, L. 1997; amd. Sec. 103, Ch. 584, L. 1999; amd. Sec. 3, Ch. 220, L. 2001; amd. Sec. 115, Ch. 574, L. 2001; amd. Sec. 5, Ch. 152, L. 2011; amd. Sec. 8, Ch. 351, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-711. State policy for adult basic education

20-7-711. State policy for adult basic education.
Affirming that reading, writing, and other basic educational skills are vital for all citizens in modern society, the legislature declares that it is the continuing policy of Montana to encourage adult basic education programs that will develop the full educational potential of each citizen. The legislature recognizes that funds from local, state, and federal sources may be necessary to provide the basic education needed by Montana citizens.
History: En. 75-7514.1 by Sec. 1, Ch. 290, L. 1977; R.C.M. 1947, 75-7514.1.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-712. Adult basic education fund and its distribution

20-7-712. Adult basic education fund and its distribution.
(1) To encourage adult basic education, the legislature may appropriate funds to the superintendent of public instruction for the support of adult basic education programs in any school district, community college district, tribal college, public library, community-based organization, or a consortium of those organizations located in Montana.
(2) The superintendent of public instruction shall direct the distribution of funds appropriated by the legislature for adult basic education. The trustees or authorized representative of any district or tribal college may apply to the superintendent for funds for its adult basic education program. The financial administration, accounting, and reporting of adult basic education funds must conform to policies established by the office of public instruction.
History: En. 75-7515.1 by Sec. 3, Ch. 290, L. 1977; R.C.M. 1947, 75-7515.1; amd. Sec. 1, Ch. 148, L. 2001; amd. Sec. 2, Ch. 171, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-713. Adult education fund operating reserve

20-7-713. Adult education fund operating reserve.
At the end of each school fiscal year, the trustees of a school district that operates an adult education program may designate the portion of the adult education end-of-the-year fund balance that is to be earmarked as operating reserve for the purpose of paying, whenever a cash flow shortage occurs, adult education fund warrants issued by the district from July 1 through June 30 of the ensuing school fiscal year. The amount of the adult education fund balance that is earmarked as operating reserve may not exceed 35% of the final adult education fund budget for the ensuing school fiscal year.
History: En. Sec. 1, Ch. 120, L. 1981; amd. Sec. 6, Ch. 568, L. 1991; amd. Sec. 6, Ch. 767, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 7. Adult Education › 20-7-714. County adult literacy programs -- authorization to levy tax and establish fund

20-7-714. County adult literacy programs -- authorization to levy tax and establish fund.
(1) (a) Subject to 15-10-420, the governing body of a county may, in its discretion, establish a fund and levy a tax on the taxable value of all taxable property in the county for the support of county literacy programs that give first priority to providing direct instruction to adults. The tax levy is in addition to all other tax levies and is subject to limitations on property taxes set forth in 15-10-402.
(b) The fund may be used only for the support of adult literacy programs within the county.
(2) (a) If a county levies a property tax for adult literacy programs, the county governing body shall appoint a county adult literacy board to administer the expenditure of funds from the county adult literacy fund established in subsection (1).
(b) The county adult literacy board shall coordinate all adult literacy programs receiving county adult literacy funds. The board may adopt policies concerning program standards and financial accountability for organizations receiving adult literacy funds. The board may require that adult literacy programs match adult literacy funds with federal, state, or private money. The board may, with the concurrence of the appropriate county officials, arrange for county in-kind services to support adult literacy programs.
(c) County adult literacy funding may be expended only on literacy programs for persons who are 16 years of age or older and who are not regularly enrolled, full-time pupils for the purposes of ANB computation.
History: En. Sec. 1, Ch. 792, L. 1991; amd. Sec. 1, Ch. 264, L. 1997; amd. Sec. 104, Ch. 584, L. 1999; amd. Sec. 116, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 8. Public Recreation › 20-7-801. Public recreation program authorized

20-7-801. Public recreation program authorized.
(1) Any city or town, including any board of park commissioners, may expend funds from the band fund and the park fund of the city or town for the purpose of operating a program of public recreation and playgrounds and for this purpose may acquire, equip, and maintain land, buildings, and other recreation facilities.
(2) Any school district may cooperate in such program.
History: En. Sec. 1, Ch. 71, L. 1939; R.C.M. 1947, 62-211; amd. Sec. 4, Ch. 384, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 8. Public Recreation › 20-7-802. How program operated -- independently or cooperatively -- delegation

20-7-802. How program operated -- independently or cooperatively -- delegation.
Any city, town, school district, or any board thereof, including a board of park commissioners, may:
(1) (a) operate such a program independently; or
(b) cooperate in its operation and conduct with any other body authorized hereby to conduct such a program and in any manner upon which they may mutually agree; or
(2) delegate the operation of the program to a board of recreation created by any city, town, school district, or any board thereof, including any board of park commissioners, operating or proposing to operate a program independently or with any cooperating bodies in such manner as they may agree, and all moneys appropriated for the purposes of such program may be expended by such board.
History: En. Sec. 2, Ch. 71, L. 1939; R.C.M. 1947, 62-212.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 8. Public Recreation › 20-7-803. Authority to accept gifts

20-7-803. Authority to accept gifts.
Any corporation, board, or body hereinbefore designated, given authority to operate and conduct a recreation program or given charge of such program, is authorized to accept gifts and bequests in the name or names of the sponsors of said program, as said sponsors may agree, for the benefit of said recreational work, to employ directors and instructors of said recreational work, and to conduct its activities on:
(1) property under its custody and management;
(2) other public property under the custody of any other public corporation, body, or board, with the consent of such corporation, body, or board; and
(3) private property, with the consent of its owners.
History: En. Sec. 3, Ch. 71, L. 1939; R.C.M. 1947, 62-213.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 8. Public Recreation › 20-7-804. Authority of board of public education

20-7-804. Authority of board of public education.
In all cases where school property is utilized, the board of public education shall have authority:
(1) to establish minimum qualifications of local recreational directors and instructors; and
(2) to prepare or cause to be prepared, published, and distributed adequate and appropriate manuals and other materials as it may deem necessary or suitable to carry on said recreational program and to carry out the provisions of this part.
History: En. Sec. 4, Ch. 71, L. 1939; R.C.M. 1947, 62-214.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 8. Public Recreation › 20-7-805. Recreational use of school facilities secondary

20-7-805. Recreational use of school facilities secondary.
The facilities of any school district operating a recreational program pursuant to the provisions of this part shall be used primarily for the purpose of conducting a regular school curriculum, and the use of school facilities for recreational purposes authorized by this part shall be secondary.
History: En. Sec. 5, Ch. 71, L. 1939; R.C.M. 1947, 62-215.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 9. Gifted and Talented Children › 20-7-901. Definitions

20-7-901. Definitions.
As used in this part the following definitions apply:
(1) "Gifted and talented children" means children of outstanding abilities who are capable of high performance and require differentiated educational programs beyond those normally offered in public schools in order to fully achieve their potential contribution to self and society. The children so identified include those with demonstrated achievement or potential ability in a variety of worthwhile human endeavors.
(2) "Professionally qualified persons" means teachers, administrators, school psychologists, counselors, curriculum specialists, artists, musicians, and others with special training who are qualified to appraise pupils' special competencies.
History: En Sec. 1, Ch. 310, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 9. Gifted and Talented Children › 20-7-902. Identification of gifted and talented children

20-7-902. Identification of gifted and talented children.
(1) A school district shall provide educational services to gifted and talented students that are commensurate to student needs and foster a positive self-image.
(2) A school district shall provide structured support and assistance to teachers in identifying and meeting the diverse student needs of gifted and talented students and a framework for considering a full range of alternatives for addressing student needs.
History: En Sec. 2, Ch. 310, L. 1979; amd. Sec. 1, Ch. 150, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 9. Gifted and Talented Children › 20-7-903. Programs to serve gifted and talented children -- compliance with board policy -- funding

20-7-903. Programs to serve gifted and talented children -- compliance with board policy -- funding.
(1) The conduct of programs to serve gifted and talented children must comply with the policies recommended by the superintendent of public instruction and adopted by the board of public education.
(2) Proposals approved by the superintendent of public instruction in accordance with policies of the board of public education must be funded by money appropriated to the superintendent for that purpose.
(3) A school district shall match funds provided by the superintendent for a gifted and talented children's program with equal funds from other sources. "In kind" contributions may not be used to constitute such a match. Funds must be administered by the school district as provided in 20-9-507.
(4) The superintendent of public instruction may deduct reasonable costs of administration from the funds appropriated for the purposes of this part.
History: En Sec. 3, Ch. 310, L. 1979; amd. Sec. 2, Ch. 312, L. 1983.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 9. Gifted and Talented Children › 20-7-904. Review and recommendations of proposals -- reporting

20-7-904. Review and recommendations of proposals -- reporting.
(1) The policies of the board of public education must ensure that program proposals submitted by school districts to the superintendent of public instruction contain:
(a) evidence that identification procedures are comprehensive and appropriate;
(b) a program description including stated needs and measurable objectives designed to meet those needs;
(c) evidence that the activities are appropriate and will serve to achieve the program objectives; and
(d) a method to evaluate the effectiveness of the program.
(2) School districts may request assistance from the staff of the superintendent in formulating program proposals.
(3) The superintendent of public instruction shall supervise and coordinate the programs for gifted and talented children by:
(a) recommending to the board of public education the adoption of those policies necessary to establish a planned and coordinated program; and
(b) establishing a procedure for review and approval of program proposals.
(4) The office of public instruction shall report to the governor and the legislature in accordance with 5-11-210 on the status and effectiveness of programs serving gifted and talented students. The report must include:
(a) the total number of schools applying for and receiving funds from the office of public instruction for gifted and talented programs pursuant to 20-7-903 and a breakdown by school size;
(b) a description of the ways in which districts applying for funds report meeting the requirements to include a child's parents in the gifted and talented evaluation process, pursuant to 20-7-902;
(c) the total number of students districts report evaluating for gifted and talented programs and the total number of students identified as gifted and talented;
(d) a description of the training provided by districts to teachers of gifted and talented students;
(e) a description of services provided by districts to gifted and talented students; and
(f) an evaluation of the effectiveness of gifted and talented programs, including measures such as:
(i) measures of student achievement or growth;
(ii) indicators of student and parent satisfaction with the programs; or
(iii) other gauges of program quality as determined by the office of public instruction.
History: En Sec. 4, Ch. 310, L. 1979; amd. Sec. 3, Ch. 312, L. 1983; amd. Sec. 1, Ch. 93, L. 2019; amd. Sec. 51, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 10. Distance Learning (Repealed) › 20-7-1001. Repealed

20-7-1001. Repealed.
Sec. 8, Ch. 622, L. 1991.
History: En. Sec. 52, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 11. Earthquake Emergency Procedures (Repealed) › 20-7-1101. Repealed

20-7-1101. Repealed.
Sec. 5, Ch. 423, L. 1997.
History: En. Sec. 1, Ch. 534, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 12. Montana Digital Academy › 20-7-1202. Funding -- rulemaking authority

20-7-1202. Funding -- rulemaking authority.
(1) (a) In addition to any amount appropriated to the Montana digital academy by the legislature, beginning July 1, 2016, school districts enrolling students at the digital academy shall pay to the digital academy any supplemental fee established by the digital academy that is required to pay for the prorated costs of course delivery that exceed the amount appropriated to the digital academy by the legislature. The fee must be established by the governing board of the digital academy by rule and must be commensurate with the costs of operating the digital academy that exceed the appropriation provided by the legislature.
(b) Fees collected under subsection (1)(a) may be spent only on the operating costs of the digital academy.
(c) The governing board of the digital academy shall adopt rules regarding the establishment of any fees required under subsection (1)(a).
(2) A school district is prohibited from charging a fee to a student who enrolls in a class provided by the Montana digital academy that the school district requires for graduation.
History: En. Sec. 2, Ch. 142, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 12. Montana Digital Academy › 20-7-1203. Montana digital academy clearinghouse

20-7-1203. Montana digital academy clearinghouse.
(1) There is a Montana digital academy clearinghouse. The purpose of the clearinghouse is to provide additional choice and flexibility to build local capacity for serving pupils with remote instruction courses, models, and materials.
(2) The Montana digital academy staff shall develop a clearinghouse interface to provide pupils with access to additional course providers, content, services, and formats. The clearinghouse must provide access to the full range of offerings available through the Montana digital academy.
(3) Services provided through the clearinghouse must include at a minimum but are not limited to:
(a) digital content and platform services;
(b) courses fostering community, college, and career readiness for pupils, including courses to:
(i) satisfy promotion and graduation requirements of the board of public education and the local school district;
(ii) provide access to college credit through direct access to college courses, advanced placement courses, and dual credit courses; and
(iii) provide access to industry-recognized credentials;
(c) third-party services; and
(d) proficiency assessment services.
(4) In administering the clearinghouse, the Montana digital academy staff shall:
(a) select, evaluate, and monitor high-quality providers, courses, and services; and
(b) provide technical assistance on the offered services.
History: En. Sec. 2, Ch. 537, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1301. Purpose -- intent -- immunity

20-7-1301. Purpose -- intent -- immunity.
(1) The legislature finds that protecting youth athletes from serious injury is a compelling state interest. The purpose of 20-7-1301 through 20-7-1304 is to prevent permanent injury and death to youth athletes in the state of Montana. To further this interest, the legislature finds:
(a) concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities;
(b) a concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull;
(c) the risks of catastrophic injuries or death are significant when a concussion or brain injury is not properly evaluated and managed;
(d) concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works;
(e) concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, with the ground, or with obstacles;
(f) concussions occur with or without loss of consciousness; and
(g) continuing to play with a concussion or symptoms of brain injury leaves the youth athlete especially vulnerable to greater injury and even death.
(2) (a) Sections 20-7-1301 through 20-7-1304 do not create a new cause of action.
(b) A person acting in an individual capacity and not on behalf of the state or any political subdivision of the state who volunteers to assist with an organized youth athletic activity is not liable for civil damages arising out of an act or omission relating to the requirements of 20-7-1301 through 20-7-1304. This subsection (2)(b) does not apply to liability for willful or wanton misconduct.
History: En. Sec. 2, Ch. 260, L. 2013; amd. Sec. 1, Ch. 331, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1302. Definitions

20-7-1302. Definitions.
As used in 20-7-1301 through 20-7-1304, the following definitions apply:
(1) "Concussion" means an injury to the brain arising from blunt trauma, an acceleration force, or a deceleration force, which may include one of the following observed or self-reported conditions attributable to the injury:
(a) transient confusion, disorientation, or impaired consciousness;
(b) dysfunction of memory;
(c) loss of consciousness; or
(d) signs of other neurological or neuropsychological dysfunction, including:
(i) increased irritability;
(ii) lethargy;
(iii) vomiting;
(iv) headache;
(v) dizziness;
(vi) fatigue;
(vii) decreased balance; and
(viii) seizures.
(2) "Licensed health care professional" means a registered, licensed, certified, or otherwise statutorily recognized health care professional whose training includes the evaluation and management of concussions consistent with current medical knowledge.
(3) (a) "Organized youth athletic activity" means an athletic activity organized or sponsored by a school district, nonpublic school, or youth athletic organization in which the participants are engaged in an athletic game or competition against another team, club, or entity, in practice, tryouts, training exercises, or sports camps, or in preparation for an athletic game or competition against another team, club, or entity.
(b) The term does not include recess or physical education classes conducted by a school district or nonpublic school.
(4) "Youth athlete" means an individual who is an active participant in an organized youth athletic activity.
(5) "Youth athletic organization" means any entity that organizes or sponsors an organized youth athletic activity.
History: En. Sec. 3, Ch. 260, L. 2013; amd. Sec. 2, Ch. 331, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1303. Youth athletes -- concussion education requirements

20-7-1303. Youth athletes -- concussion education requirements.
(1) Each school district, nonpublic school, or youth athletic organization in this state offering organized youth athletic activities shall adopt policies and procedures to inform coaches, officials, youth athletes, and parents or guardians of the nature and risk of brain injuries, including the effects of continuing to play after a concussion. The policies, content, and protocols must be consistent with current medical knowledge as to:
(a) the nature and risk of brain injuries associated with athletic activity;
(b) the signs, symptoms, and behaviors consistent with a brain injury;
(c) the need to alert a licensed health care professional for urgent recognition and treatment when a youth athlete exhibits signs, symptoms, or behaviors consistent with a concussion; and
(d) the need to follow proper medical direction and protocols for treatment and returning to play after a youth athlete sustains a concussion.
(2) A form documenting that educational materials referred to in subsection (1) have been provided to and viewed by each youth athlete and the youth athlete's parent or guardian must be signed by each youth athlete and the youth athlete's parent or guardian and returned to an official designated by the school district, nonpublic school, or youth athletic organization prior to the youth athlete's participation in organized youth athletic activities. The form must apply for a period not to exceed 1 year.
(3) School districts, nonpublic schools, and youth athletic organizers shall ensure access to a training program consistent with subsection (1). Each coach and official participating in organized youth athletic activities shall complete the training program at least once each year.
(4) School districts, nonpublic schools, and youth athletic organizations may invite the participation of appropriate advocacy groups and appropriate sports governing bodies to facilitate the requirements of subsections (1) through (3).
History: En. Sec. 4, Ch. 260, L. 2013; amd. Sec. 3, Ch. 331, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1304. Youth athletes -- removal from participation following concussion -- medical clearance required before return to participation

20-7-1304. Youth athletes -- removal from participation following concussion -- medical clearance required before return to participation.
(1) An athletic trainer, coach, or official shall remove a youth athlete from participation in any organized youth athletic activity at the time the youth athlete exhibits signs, symptoms, or behaviors consistent with a concussion.
(2) A youth athlete who has been removed from participation in an organized youth athletic activity after exhibiting signs, symptoms, or behaviors consistent with a concussion may not return to organized youth athletic activities until the youth athlete:
(a) no longer exhibits signs, symptoms, or behaviors consistent with a concussion; and
(b) receives an evaluation by a licensed health care professional and receives written clearance to return to play from the licensed health care professional. The written clearance must state:
(i) that the licensed health care professional has evaluated the youth athlete; and
(ii) that in the licensed health care professional's opinion, the youth athlete is capable of safely resuming participation in organized youth athletic activities.
History: En. Sec. 5, Ch. 260, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1305. Short title

20-7-1305. (Temporary) Short title.
Sections 20-7-1305 through 20-7-1307 may be cited as the "Save Women's Sports Act". (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
History: En. Sec. 1, Ch. 405, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1306. Designation of athletic teams

20-7-1306. (Temporary) Designation of athletic teams.
(1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public elementary or high school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education must be expressly designated as one of the following based on biological sex:
(a) males, men, or boys;
(b) females, women, or girls; or
(c) coed or mixed.
(2) Athletic teams or sports designated for females, women, or girls may not be open to students of the male sex.
(3) For the purposes of this section, "female", "male", and "sex" are defined in 1-1-201. (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
History: En. Sec. 2, Ch. 405, L. 2021; amd. Sec. 8, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1307. Cause of action

20-7-1307.  (Temporary) Cause of action.
(1) A student who is deprived of an athletic opportunity or who suffers any direct or indirect harm as a result of a violation of 20-7-1305 through 20-7-1307 may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school or institution of higher education.
(2) A student who is subject to retaliation or other adverse action by a school, institution of higher education, or athletic association or organization as a result of reporting a violation of 20-7-1305 through 20-7-1307 to an employee or representative of the school, institution, or athletic association or organization or to any state or federal agency with oversight of schools or institutions of higher education in Montana may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.
(3) A school or institution of higher education that suffers any direct or indirect harm as a result of a violation of 20-7-1305 through 20-7-1307 may bring a cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization. (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
History: En. Sec. 3, Ch. 405, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 7. School Instruction and Special Programs › Part 13. Protection and Wellness of Youth › 20-7-1310. Youth suicide awareness and prevention training

20-7-1310. Youth suicide awareness and prevention training.
(1) This section may be cited as the "Suicide Awareness and Prevention Training Act".
(2) The office of public instruction shall provide guidance and technical assistance to Montana schools on youth suicide awareness and prevention training materials. All training materials offered must be approved by the office of public instruction, meet the standards for professional development in the state, and be periodically reviewed by a qualified person or committee for consistency with generally accepted principles of youth suicide awareness and prevention training.
(3) The legislature recommends that youth suicide awareness and prevention training be made available annually to each employee of a school district and to staff of the office of public instruction who work directly with any students enrolled in Montana public schools. The training must be provided at no cost to the employee. The training may be offered through any method of training identified in subsection (4).
(4) The legislature recommends that employees under subsection (3) take at least 2 hours of youth suicide awareness and prevention training every 5 years. Appropriate methods for delivery of the training include:
(a) in-person attendance at a live training;
(b) videoconference;
(c) an individual program of study of designated materials;
(d) self-review modules available online; and
(e) any other method chosen by the local school board that is consistent with professional development standards.
(5) The trustees of a school district shall establish policies, procedures, or plans related to suicide prevention and response.
(6) No cause of action may be brought for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training or lack of training related to this section. Nothing in this section may be construed to impose a specific duty of care.
History: En. Secs. 1, 2, Ch. 351, L. 2015; amd. Sec. 1, Ch. 256, L. 2017.