reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-504. Opening of a junior high school

20-6-504. Opening of a junior high school.
(1) The trustees of any elementary district and the trustees of the high school district in which such elementary district is located may open a junior high school when such opening has been approved by the superintendent of public instruction; except that when the high school district operates a county high school, the opening of a junior high school shall be approved under the provisions of 20-6-505.
(2) When the trustees of such districts resolve to open a junior high school, they shall jointly apply to the superintendent of public instruction for approval to open such school by June 1 before the school fiscal year in which they intend to open the junior high school. The application shall contain such information as is required under 20-6-503 for an application to open a high school.
(3) The superintendent of public instruction shall investigate the application for the opening of a junior high school and shall approve or disapprove the opening of the junior high school before the fourth Monday of June preceding the first year of intended operation. If the opening is approved, the trustees of the elementary district and the high school district may jointly open such school.
(4) Whenever the opening of a junior high school is approved for the ensuing school fiscal year, the county superintendent shall estimate the average number belonging (ANB) after investigating the probable enrollment for the junior high school. The ANB determined by the county superintendent shall be used for budgeting and BASE funding program purposes during the ensuing school fiscal year.
History: En. 75-6604 by Sec. 202, Ch. 5, L. 1971; R.C.M. 1947, 75-6604.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-505. Opening a junior high school when high school district operates a county high school

20-6-505. Opening a junior high school when high school district operates a county high school.
(1) Whenever the trustees of an elementary district and a high school district operating a county high school have formed a joint board of trustees under the provisions of 20-3-361, such joint board of trustees may open a junior high school under the provisions of this section.
(2) When the joint board of trustees resolves to open a junior high school, they shall order an election under the provisions of 20-20-201 to submit a proposition to the electors of the district to approve or disapprove the trustees' resolution to open a junior high school. The joint board of trustees shall call and conduct the election in the manner prescribed in this title for school elections and equally share the cost of the election. Any elector qualified to vote under the provisions of 20-20-301 may vote on the proposition. If a majority of the electors voting at the election approve the proposition, the trustees shall apply to the superintendent of public instruction for approval to open a junior high school. If a majority of the electors voting at the election disapprove the proposition, a junior high school shall not be opened by the joint board of trustees.
(3) The application to the superintendent of public instruction for the approval to open a junior high school shall be submitted by June 1 following the election approving the opening of the junior high school. The application shall contain such information as is required under 20-6-503 for an application to open a high school.
(4) The superintendent of public instruction shall investigate the application for the opening of a junior high school and shall approve or disapprove the opening of the junior high school before the fourth Monday of June preceding the first year of intended operation. If the opening is approved, the joint board of trustees may open the junior high school.
(5) At any time the trustees of the elementary district and the trustees of the high school district shall cease to form a joint board of trustees under the provisions of 20-3-361, the junior high school shall be closed and the districts shall assume the provision of an educational program for the junior high school pupils of their respective districts.
History: En. 75-6605 by Sec. 203, Ch. 5, L. 1971; R.C.M. 1947, 75-6605.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-506. Budgeting and cost sharing when junior high school operated by elementary district and high school district operating county high school

20-6-506. Budgeting and cost sharing when junior high school operated by elementary district and high school district operating county high school.
(1) Whenever the opening of a junior high school is approved for the ensuing school fiscal year under 20-6-505, the county superintendent shall estimate the average number belonging (ANB) after investigating the probable enrollment for the junior high school. The ANB determined by the county superintendent and the ANB actually realized in subsequent school fiscal years must be applied to prorate the BASE funding program amount between the elementary and high school districts. Each district shall adopt its general fund budget on the basis of the prorated amount and shall finance its proportionate share of the cost of operating the junior high school.
(2) The cost of operating the junior high school must be prorated between the elementary district and the high school district on the basis of the ratio that the number of pupils of their district is to the total enrollment of the junior high school.
History: En. 75-6606 by Sec. 204, Ch. 5, L. 1971; amd. Sec. 13, Ch. 266, L. 1977; R.C.M. 1947, 75-6606; amd. Sec. 14, Ch. 11, Sp. L. June 1989; amd. Sec. 8, Ch. 633, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-507. Opening of middle school

20-6-507. Opening of middle school.
The trustees of any elementary district may open a middle school when such opening has been approved by the superintendent of public instruction. The state superintendent shall investigate an application for the opening of a middle school and shall approve or disapprove the opening before the fourth Monday in June preceding the first year of intended operation. When a middle school opening is approved, the county superintendent shall estimate the ANB after investigating the probable enrollment for the middle school. The ANB so estimated shall be used for budgeting and BASE funding program purposes during the ensuing school fiscal year.
History: En. 75-6609 by Sec. 2, Ch. 352, L. 1974; R.C.M. 1947, 75-6609.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-508. Kindergarten through grade 12 system

20-6-508. Kindergarten through grade 12 system.
Unless otherwise required by law, the trustees of an elementary district in which a high school is located and the trustees of the high school district operating such high school may organize the schools of their districts to form a kindergarten through grade 12 school system, provided that the high school and elementary trustees shall not assume responsibility for the administration of grades which are not properly within their jurisdiction.
History: En. 75-6601 by Sec. 199, Ch. 5, L. 1971; amd. Sec. 1, Ch. 352, L. 1974; R.C.M. 1947, 75-6601(3).
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 5. Opening and Closing of Schools › 20-6-509. School closure

20-6-509. School closure.
Whenever it is in the best interest of the pupils affected, the trustees of any district may close any school of the district, except that a junior high school may be closed only by joint action of the trustees of the elementary district and the high school district in which the school is located. Whenever the trustees of a district close a school of the district, they shall provide the pupils of the closed school with transportation and tuition, if required, to other schools in accordance with the provisions of this title.
History: En. 75-6607 by Sec. 205, Ch. 5, L. 1971; R.C.M. 1947, 75-6607; amd. Sec. 3, Ch. 384, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-601. Power to accept gifts

20-6-601. Power to accept gifts.
All school districts are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of property, real or personal, and the right to own, hold, work, and improve the same.
History: En. Sec. 1, Ch. 47, L. 1927; re-en. Sec. 5668.17, R.C.M. 1935; R.C.M. 1947, 11-1006(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-602. Trustees' power over property

20-6-602. Trustees' power over property.
The trustees of any district other than a high school district operating a county high school shall have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district. In the name of the county, the trustees of a high school district operating a county high school, as defined by 20-6-101, shall have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district.
History: En. 75-8201 by Sec. 473, Ch. 5, L. 1971; R.C.M. 1947, 75-8201.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-603. Trustees' authority to acquire or dispose of sites and buildings -- when election required

20-6-603. Trustees' authority to acquire or dispose of sites and buildings -- when election required.
(1) The trustees of a district may purchase, build, exchange, or otherwise acquire, sell, or dispose of sites and buildings of the district. Except as provided in 20-6-604 and 20-6-621, action may not be taken by the trustees without the approval of the qualified electors of the district at an election called for the purpose of approval unless:
(a) a bond issue has been authorized for the purpose of constructing, purchasing, or acquiring the site or building;
(b) the cost of constructing, purchasing, or acquiring the site or building is financed without exceeding the maximum general fund budget amount for the district and, in the case of a site purchase, the site has been approved under the provisions of 20-6-621; or
(c) money is otherwise available under the provisions of this title and the ballot for the site approval for the building incorporated a description of the building to be located on the site.
(2) Except for land that is granted to or held by the state in trust or land acquired by conditional deed under the provisions of 20-6-605, the trustees may, upon approval by the electorate, accept as partial or total consideration for the exchange of the land a binding written agreement by a public or private entity seeking the exchange to use the property to provide a service that benefits the school district. The deed for the exchange of land must contain reversionary clauses that allow for the return of the land to school district ownership if the binding written agreement is not complied with.
(3) When an election is conducted under the provisions of this section, it must be called under the provisions of 20-20-201 and must be conducted in the manner prescribed by this title for school elections. An elector qualified to vote under the provisions of 20-20-301 may vote in the election. If a majority of those electors voting at the election approve the proposed action, the trustees may take the proposed action.
History: En. 75-8204 by Sec. 476, Ch. 5, L. 1971; R.C.M. 1947, 75-8204; amd. Sec. 15, Ch. 11, Sp. L. June 1989; amd. Sec. 9, Ch. 633, L. 1993; amd. Sec. 1, Ch. 276, L. 2001; amd. Sec. 2, Ch. 640, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-604. Sale of property when resolution passed after hearing -- appeal procedure

20-6-604. Sale of property when resolution passed after hearing -- appeal procedure.
(1) Whenever the trustees of a district determine that a site, building, or any other real or personal property of the district is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district, the trustees may sell or otherwise dispose of the real or personal property in accordance with this section and without conforming to the provisions of 20-6-603. If a decision to sell or dispose of property is made, the trustees shall adopt a resolution to sell or otherwise dispose of the district real or personal property because it is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district.
(2) The resolution may not become effective for 14 days after the notice required in subsection (3) is made.
(3) The trustees shall provide notice of the resolution in the manner required for school elections in 20-20-204.
(4) A taxpayer may appeal the resolution of the trustees, at any time prior to the effective date of the resolution, to the district court by filing a verified petition with the clerk of the court and serving a copy of the petition upon the district. The petition must set out in detail the objections of the petitioner to the adoption of the resolution or to the disposal of the property. The service and filing of the petition stay the resolution until final determination of the matter by the court. The court shall immediately fix the time for a hearing at the earliest convenient time. At the hearing, the court shall hear the matter de novo and may take testimony as it considers necessary. Its proceedings are summary and informal, and its decision is final.
(5) The trustees of a district that has adopted a resolution to sell or otherwise dispose of district real or personal property and, if appealed, has been upheld by the court shall sell or dispose of the real or personal property in any reasonable manner that they determine to be in the best interests of the district.
(6) The money realized from the sale or disposal of real or personal property of the district must be credited to the debt service fund, building fund, general fund, or other appropriate fund, at the discretion of the trustees.
History: En. 75-8205 by Sec. 477, Ch. 5, L. 1971; amd. Sec. 8, Ch. 91, L. 1973; R.C.M. 1947, 75-8205; amd. Sec. 1, Ch. 150, L. 1987; amd. Sec. 3, Ch. 568, L. 1991; amd. Sec. 1, Ch. 144, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-605. Land acquired by conditional deed or at will or sufferance

20-6-605. Land acquired by conditional deed or at will or sufferance.
Whenever the trustees acquire land by deed conditioned upon the use of the land for the conduct of school or related activities or whenever land has been used by the trustees at the will or sufferance of the land's owner or claimant and the district has constructed buildings or made other improvements on the land, the owner or claimant may repossess the land if it ceases to be used as specified by deed or, if not specified, for the conduct of school or related activities. However, the owner or claimant shall first notify the trustees in writing of the intent to repossess the land, and the trustees shall have 1 year after receipt to remove any buildings or improvements placed upon the land by the district. The trustees' failure to remove the buildings or improvements within that time constitutes a forfeiture of the buildings or improvements. Before the owner or claimant has the right to give notice of repossession, the district's intention to permanently cease using the land must have been established by resolution of the trustees and a vote of the district's electors.
History: En. 75-8202 by Sec. 474, Ch. 5, L. 1971; R.C.M. 1947, 75-8202; amd. Sec. 302, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-606. Letting contracts for school facilities

20-6-606. Letting contracts for school facilities.
Any letting of contracts related to the construction or furnishing of a new, enlarged, remodeled, or repaired building must be conducted under the provisions of 20-9-204 or Title 18, chapter 2, part 5.
History: En. 75-8210 by Sec. 482, Ch. 5, L. 1971; R.C.M. 1947, 75-8210; amd. Sec. 9, Ch. 574, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-607. Leasing district property and disposition of any rentals

20-6-607. Leasing district property and disposition of any rentals.
The trustees of a district may rent or lease any buildings, land, facilities, or personal property of the district under the terms specified by the trustees. Any money collected for the rental or lease may, in the discretion of the trustees, be used for any proper school purpose and deposited in any fund as the trustees consider appropriate.
History: En. 75-8211 by Sec. 483, Ch. 5, L. 1971; amd. Sec. 2, Ch. 88, L. 1973; amd. Sec. 3, Ch. 424, L. 1977; R.C.M. 1947, 75-8211; amd. Sec. 2, Ch. 462, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-608. Authority and duty of trustees to insure district property

20-6-608. Authority and duty of trustees to insure district property.
(1) The trustees of a district shall insure all real and personal property of the district. The trustees shall include the cost of insurance in the general fund budget of the district.
(2) Proceeds received from an insurance settlement on real or personal property insured by the district may, at the discretion of the trustees, be deposited in a fund considered appropriate by the trustees.
History: En. 75-8212 by Sec. 484, Ch. 5, L. 1971; R.C.M. 1947, 75-8212; amd. Sec. 16, Ch. 11, Sp. L. June 1989; amd. Sec. 5, Ch. 343, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-609. Trustees' authority to acquire property by lease-purchase agreement

20-6-609. Trustees' authority to acquire property by lease-purchase agreement.
The trustees of a district may acquire real and personal property by an agreement to lease for up to 7 years for personal property and for up to 15 years for real property with an option to purchase. The terms of the lease must comply with 20-6-625. If real property is acquired, the trustees shall comply with 20-6-603.
History: En. Sec. 1, Ch. 144, L. 1985; amd. Sec. 11, Ch. 22, L. 1997; amd. Sec. 1, Ch. 66, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-621. Selection of school sites -- approval election

20-6-621. Selection of school sites -- approval election.
(1) (a) Except as provided in subsection (1)(b), the trustees of a district may select the sites for school buildings or for other school purposes, but the selection must first be approved by the qualified electors of the district before a contract for the purchase of a site is entered into by the trustees.
(b) The trustees may purchase or otherwise acquire property contiguous to an existing site that is in use for school purposes without a site approval election. The trustees may take an option on a site prior to the site approval election.
(2) The election for the approval of a site must be called under the provisions of 20-20-201 and must be conducted in the manner prescribed by this title for school elections. An elector who may vote at a school site election is qualified to vote under the provisions of 20-20-301. If a majority of those voting at the election approve the site selection, the trustees may purchase the site. A site approval election is not required when the site was specifically identified in an election at which a building reserve levy or the issuance of bonds was approved for the purchase of the site.
(3) Any site for a school building or other building of the district that is selected or purchased by the trustees must:
(a) be in a place that is convenient, accessible, and suitable;
(b) comply with the minimum size and other requirements prescribed by the department of public health and human services; and
(c) comply with the statewide building regulations, if any, promulgated by the department of labor and industry.
History: En. 75-8203 by Sec. 475, Ch. 5, L. 1971; R.C.M. 1947, 75-8203; amd. Sec. 75, Ch. 575, L. 1981; amd. Sec. 1, Ch. 352, L. 1985; amd. Sec. 48, Ch. 418, L. 1995; amd. Sec. 67, Ch. 546, L. 1995; amd. Sec. 1, Ch. 79, L. 1997; amd. Sec. 1, Ch. 18, L. 1999; amd. Sec. 50, Ch. 483, L. 2001; amd. Sec. 3, Ch. 640, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-622. Review and approval of school building plans and specifications

20-6-622. Review and approval of school building plans and specifications.
(1) A school building, either publicly or privately owned or operated, in which students are housed or instructed may not be built, enlarged, or remodeled until the plans and specifications for construction have been submitted to and approved by the department of labor and industry or a municipality or county with a building code adopted as provided in 50-60-301.
(2) The plans and specifications required in subsection (1) must show in detail the proposed construction of the building and must illustrate and indicate conformity with the applicable building code.
(3) As a service to districts, the superintendent of public instruction may review the plans and specifications required in subsection (1) to assist the districts in designing facilities for optimum utilization.
History: En. 75-8206 by Sec. 478, Ch. 5, L. 1971; amd. Sec. 11, Ch. 504, L. 1977; R.C.M. 1947, 75-8206; amd. Sec. 1, Ch. 274, L. 1983; amd. Sec. 2, Ch. 352, L. 1985; amd. Sec. 51, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-623. Repealed

20-6-623. Repealed.
Sec. 15, Ch. 384, L. 1979.
History: En. Sec. 1, Ch. 49, L. 1973; R.C.M. 1947, 75-8206.1.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-624. School building plans and specifications approval before payment

20-6-624. School building plans and specifications approval before payment.
(1) The trustees of a district may not make any payment under a contract for the construction of school facilities until the plans and specifications for the construction have been approved under the provisions of 20-6-622.
(2) A contractor, architect, trustee, or any other person, firm, or corporation who violates the provisions of 20-6-622, this section, or any regulation promulgated by the department of public health and human services or the department of justice is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 or more than $500.
History: En. 75-8208 by Sec. 480, Ch. 5, L. 1971; R.C.M. 1947, 75-8208; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 49, Ch. 418, L. 1995; amd. Sec. 68, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-625. Authorization to lease buildings or land for school purposes

20-6-625. Authorization to lease buildings or land for school purposes.
The trustees of any district may lease buildings or land suitable for school purposes when it is within the best interests of the district to lease the buildings or land from the county, municipality, another district, or any person. The term of the lease may not exceed 15 years unless prior approval of the qualified electors of the district is obtained in the manner prescribed by law for school elections, in which case the lease may be for a term approved by the qualified electors, but not exceeding 99 years. Whenever the lease is for a period of time that is longer than the current school fiscal year, the lease requirements for the succeeding school fiscal years shall be an obligation of the final budgets for such years.
History: En. 75-8209 by Sec. 481, Ch. 5, L. 1971; amd. Sec. 2, Ch. 424, L. 1977; R.C.M. 1947, 75-8209; amd. Sec. 2, Ch. 66, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-631. When contracts for architectural services required

20-6-631. When contracts for architectural services required.
Whenever the trustees of a school district determine that the building, furnishing, repairing, or other work for the benefit of a school district exceeds $150,000 and requires architectural services under Title 37, chapter 65, the trustees of the school district shall contract for those services.
History: En. 75-6815 by Sec. 1, Ch. 370, L. 1975; R.C.M. 1947, 75-6815; amd. Sec. 1, Ch. 153, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-632. Repealed

20-6-632. Repealed.
Sec. 1, Ch. 422, L. 1979.
History: En. 75-6816 by Sec. 2, Ch. 370, L. 1975; R.C.M. 1947, 75-6816.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-633. Hiring for architectural services authorized

20-6-633. Hiring for architectural services authorized.
If the trustees determine pursuant to 20-6-631 that architectural services are necessary, the trustees shall hire a licensed architect for the architectural services as described by the school district's scope of the work. In the event that the trustees and the architect are unable to negotiate a fair and reasonable fee, the trustees may select another architect if the trustees again give reasonable notice of their selection.
History: En. 75-6817 by Sec. 3, Ch. 370, L. 1975; R.C.M. 1947, 75-6817; amd. Sec. 2, Ch. 153, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-634. Tentative and final proposals -- public meetings

20-6-634. Tentative and final proposals -- public meetings.
Following the awarding of the contract, the trustees shall meet as often as necessary with the architectural firm to review the firm's plans and proposals. At least two of these meetings, one to review the firm's preliminary plans and one to review the firm's final proposals, shall be public meetings held after the trustees have given reasonable public notice. At these meetings the trustees shall consider any questions and testimony from the public.
History: En. 75-6818 by Sec. 4, Ch. 370, L. 1975; R.C.M. 1947, 75-6818.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-635. Contracts with Montana firms encouraged

20-6-635. Contracts with Montana firms encouraged.
The trustees are encouraged but not required to award architectural contracts to firms based or operating in Montana.
History: En. 75-6819 by Sec. 5, Ch. 370, L. 1975; R.C.M. 1947, 75-6819.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-636. Prohibition against contingent fees -- penalty

20-6-636. Prohibition against contingent fees -- penalty.
(1) Each contract entered into by a school district for architectural services shall contain a prohibition against contingent fees as follows: "The architectural firm warrants that it has not employed or retained any company or person, other than a bona fide full-time employee, to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide full-time employee, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement." Upon the breach or violation of this prohibition, the trustees shall have the right to terminate the agreement without liability and, at their discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.
(2) Any individual, corporation, partnership, firm, or company, other than a bona fide full-time employee, is prohibited from offering, agreeing, or contracting to solicit or secure school district contracts for architectural services for any other individual, company, corporation, partnership, or firm.
(3) A public official or employee is prohibited from soliciting or securing, whether for consideration or not, a contract for professional services for another.
(4) A person convicted of violating subsection (1), (2), or (3) of this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 75-6820 by Sec. 6, Ch. 370, L. 1975; R.C.M. 1947, 75-6820.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 6. School Property › 20-6-640. Long-term loans

20-6-640. Long-term loans.
School districts that experience a disaster that destroys school property to the extent of rendering the property unfit for its present school use may apply for long-term loans for use in replacing school property under the provisions of Title 17, chapter 5, part 16.
History: En. Sec. 1, Ch. 585, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 7. K-12 School Districts › 20-6-701. K-12 school districts required -- definition -- procedure for creation -- exception

20-6-701. K-12 school districts required -- definition -- procedure for creation -- exception.
(1) Except as provided in subsection (4), each elementary district with the same district boundaries as a high school district shall attach to the high school district for the purpose of establishing a K-12 school district.
(2) For the purposes of this title, unless the context clearly indicates otherwise, "K-12 school district" means a high school district with an elementary district that has been attached to the high school district under the procedures provided in this section, with the high school district remaining an organized district under the provisions of 20-6-101 and other provisions of law and the elementary district becoming an inactive district under the provisions of 20-6-101.
(3) The attachment of an elementary district to a high school district to form a K-12 school district must be conducted under the following procedure:
(a) The trustees of each district shall pass a resolution requesting the county superintendent to order an attachment involving their districts.
(b) When the county superintendent receives a resolution from each of the districts, the county superintendent shall, within 10 days after receipt of the last resolution, order the attachment of the elementary district to the high school district to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the order to the board of county commissioners, the trustees of the districts included in the attachment order, and the superintendent of public instruction.
(4) This section does not apply to a school district receiving federal impact aid funding, as provided in 20 U.S.C. 7701, et seq., if creation or continuation of a K-12 district has resulted in or will result in the loss of federal impact aid funding.
History: En. Sec. 1, Ch. 555, L. 1991; amd. Sec. 1, Ch. 194, L. 1993; amd. Sec. 12, Ch. 22, L. 1997; amd. Sec. 1, Ch. 95, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 7. K-12 School Districts › 20-6-702. Funding for K-12 school districts

20-6-702. Funding for K-12 school districts.
(1) Notwithstanding the provisions of subsections (2) through (6), a K-12 school district formed under the provisions of 20-6-701 is subject to the provisions of law for high school districts.
(2) The number of elected trustees of the K-12 school district must be based on the classification of the attached elementary district under the provisions of 20-3-341 and 20-3-351.
(3) Calculations for the following must be made separately for the elementary school program and the high school program of a K-12 school district:
(a) the calculation of ANB for purposes of determining the total per-ANB entitlements must be in accordance with the provisions of 20-9-311;
(b) the basic county tax for elementary equalization and revenue for the elementary BASE funding program for the district must be determined in accordance with the provisions of 20-9-331, and the basic county tax for high school equalization and revenue for the high school BASE funding program for the district must be determined in accordance with 20-9-333;
(c) the guaranteed tax base aid for BASE funding program purposes for a K-12 school district must be calculated separately, using each district's guaranteed tax base ratio, as defined in 20-9-366. The BASE budget levy to be levied for the K-12 school district must be prorated based on the ratio of the BASE funding program amounts for elementary school programs to the BASE funding program amounts for high school programs.
(d) the levy authority limits under 20-9-502(3) and the corresponding state school major maintenance aid under 20-9-525(3) for a K-12 school district must be calculated separately for the K-12 school district's elementary and high school programs in the same manner as those limits and aid would be calculated if the K-12 school district consisted of a separate elementary and high school district.
(4) The retirement obligation and eligibility for retirement guaranteed tax base aid for a K-12 school district must be calculated and funded as a high school district retirement obligation under the provisions of 20-9-501.
(5) For the purposes of budgeting for a K-12 school district, the trustees shall adopt a single fund for any of the budgeted or nonbudgeted funds described in 20-9-201 for the costs of operating all grades and programs of the district.
(6) Tuition for attendance in the K-12 school district must be determined separately for high school pupils and for elementary pupils under the provisions of 20-5-320 through 20-5-324, except that the actual expenditures used for calculations in 20-5-323 must be based on an amount prorated between the elementary and high school programs in the appropriate funds of each district in the year prior to the attachment of the districts.
History: En. Sec. 2, Ch. 555, L. 1991; amd. Sec. 9, Ch. 563, L. 1993; amd. Sec. 10, Ch. 633, L. 1993; amd. Sec. 13, Ch. 22, L. 1997; amd. Sec. 2, Ch. 404, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 7. K-12 School Districts › 20-6-703. Transitions after formation of K-12 school district

20-6-703. Transitions after formation of K-12 school district.
(1) When an attachment order for a K-12 school district becomes effective on July 1 under the provisions of 20-6-701:
(a) the county superintendent shall order the trustees to execute all necessary and appropriate deeds, bills of sale, or other instruments for the conveyance of title to all real and personal property of the elementary district to the high school district;
(b) the trustees of the elementary district shall entrust the minutes of the board of trustees, the elementary district documents, and other records to the high school district to which it is attached; and
(c) the county treasurer shall transfer all end-of-the-year warrants and fund balances of the attached elementary district to the similar funds established for the K-12 school district in the high school district.
(2) All taxes levied by and revenue due from a previous school fiscal year to an elementary district attached to a high school district must be payable to the appropriate fund of the high school district.
(3) The previous year's general fund budget amounts for the elementary district and the high school district that form a K-12 school district must be combined to determine the budget limitation for the ensuing school fiscal year pursuant to 20-9-308.
History: En. Sec. 3, Ch. 555, L. 1991; amd. Sec. 49, Ch. 633, L. 1993; amd. Sec. 3, Ch. 36, Sp. L. November 1993; amd. Sec. 4, Ch. 403, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 7. K-12 School Districts › 20-6-711. Tenure protected -- hiring preference for noncertified employees

20-6-711. Tenure protected -- hiring preference for noncertified employees.
(1) Whenever an elementary district is attached to a high school district to form a K-12 school district under the provisions of 20-6-701, a district superintendent, principal, teacher, or other certified employee of the elementary district who has a right of tenure under Montana law continues to have tenure in the K-12 district and the board of trustees of the high school district in which the person will perform duties shall recognize and give effect to the right of tenure.
(2) A noncertified, nonprobationary employee of an elementary district that is attached to a high school district to form a K-12 district must be given preference in hiring for any position with the K-12 district for which the employee has substantially equal qualifications and, upon acceptance of a position, may not be given probationary status.
History: En. Sec. 12, Ch. 555, L. 1991.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-802. Public charter schools -- legislative findings and intent

20-6-802. Public charter schools -- legislative findings and intent.
(1) The legislature finds that:
(a) parents desire education options for their children;
(b) expanding educational opportunities for K-12 education within the state is a necessary and valid public purpose; and
(c) creating options that assist parents and encourage students to develop their full educational potential is vital to the economic competitiveness of the state.
(2) It is the legislature's intent to establish public charter schools that are under the supervision and control of trustees who are elected by qualified electors pursuant to Article IV, section 2, and Article X, section 8, of the Montana constitution for the purposes of:
(a) enhancing Montana's system of education to develop the full educational potential of each person;
(b) enabling parents to make decisions on how best to educate their children;
(c) providing other public educational opportunities for all students, especially those at risk of academic failure;
(d) encouraging and inspiring the use of different models of teaching, governing, scheduling, and providing instruction in both public charter schools and noncharter public schools to meet a variety of student needs;
(e) advancing Montana's commitment to the preservation of American Indian cultural identity, pursuant to Article X, section 1(2), of the Montana constitution, and to the elimination of the American Indian achievement gap by encouraging students, parents, and community members in Indian country to pursue alternative educational opportunities through public charter schools; and
(f) ensuring accountability to the qualified electors and taxpayers in the community in which the charter school is located.
(3) It is the legislature's intent to create innovative and high-performing public charter schools under the general supervision of the board of public education and under the supervision and control of trustees of the governing board who are elected by qualified electors in the community where the charter school is located.
History: En. Sec. 2, Ch. 510, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-804. Board of public education responsibilities

20-6-804. Board of public education responsibilities.
(1) In accordance with this part, the board of public education is responsible for executing the following essential powers and duties:
(a) soliciting and evaluating charter proposals;
(b) approving charter proposals that meet identified educational needs and promote a diversity of educational choices, including but not limited to:
(i) increasing standards for student achievement;
(ii) closing achievement gaps between high-performing and low-performing groups of public school students;
(iii) increasing educational opportunities within the public education system;
(iv) providing alternative learning environments for students who are not thriving in traditional school settings;
(v) lowering the dropout rate;
(vi) creating new professional opportunities for teachers and other school personnel;
(vii) encouraging the use of different models of teaching and learning; and
(viii) providing students, parents, community members, and local entities with expanded opportunities for involvement in the public education system;
(c) denying approval of charter proposals that fail to provide clear and convincing proof of their likelihood of success;
(d) negotiating and executing sound charter contracts with each approved public charter school;
(e) monitoring approved public charter schools' performance and legal compliance with charter contract terms; and
(f) determining whether each charter contract merits renewal, nonrenewal, or revocation.
(2) On or before December 1 of each year, beginning in the first year that a public charter school has been in operation for a full school year, the board of public education shall publish to the board's website and submit to the legislature in accordance with 5-11-210 an annual report on the state's public charter schools for the school year ending in the preceding calendar year. The annual report must include:
(a) a comparison of the performance of public charter school students with the performance of academically, ethnically, and economically comparable groups of students in noncharter public schools; and
(b) the board's assessment of the successes, challenges, and areas for improvement in meeting the purposes of this part, including the board's assessment of the sufficiency of funding for public charter schools and any suggested changes in state law or policy necessary to strengthen the state's public charter schools.
History: En. Sec. 4, Ch. 510, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-806. Charter contract -- terms

20-6-806. Charter contract -- terms.
(1) An initial charter must be granted for a term of 5 operating years, commencing on July 1 of the first school year the public charter school will operate. An approved public charter school may delay its opening for 1 school year to plan and prepare for the school's opening. If the school requires an opening delay of more than 1 school year, the school shall request an extension from the board of public education. The board of public education may grant or deny the extension depending on the school's circumstances.
(2) Within 45 days of approval of a charter proposal, the board of public education and the governing board of the approved public charter school district shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged.
(3) The performance provisions of the charter contract may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students.
(4) The charter contract must be signed by the presiding officers of the board of public education and the public charter school's governing board.
(5) A public charter school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the board of public education.
(6) The board of public education may establish reasonable preopening requirements or conditions to monitor the startup progress of a newly approved public charter school to ensure that the school is prepared to open smoothly on the date agreed and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening.
History: En. Sec. 6, Ch. 510, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-807. Governing board -- initial board -- elections -- terms

20-6-807. Governing board -- initial board -- elections -- terms.
(1) Subsections (2) through (5) apply to a public charter school not governed by the local school board.
(2) The governing board of a public charter school district must be composed of 7 members. The boundaries of the charter school district consist of the legal description of the campus of the charter school. A majority of the governing board members must be qualified electors of the county in which the public charter school is located. Members must:
(a) be qualified electors in the county in which the public charter school is located or a contiguous county but need not be qualified electors of the located school district; and
(b) possess documented knowledge or experience in the mission or focus of the public charter school.
(3) An applicant for a proposed public charter school shall identify the members of the initial governing board of the charter school district of which the charter school is a part in the proposal submitted to the board of public education. The initial governing board is responsible for preoperation of and initial operation of the public charter school.
(4) At the regular school election in the first year of operation of a public charter school, members must be elected by the qualified electors of the located school district in the same manner as local school boards, except as provided in subsections (2) and (5), in an election conducted by the local school board in the school district in which the public charter school is located. Any elector qualified to vote in the located school district under the provisions of 20-20-301 may vote.
(5) Members of governing boards serve for terms of 5 years, and the terms of members must be staggered to ensure continuity on the governing board.
(6) If the governing board of a public charter school is the local school board, the governing board shall establish and appoint members of an advisory board to provide recommendations and insight regarding the public charter school's operations. Members of the advisory board must include members with knowledge or experience in the mission or focus of the public charter school.
History: En. Sec. 7, Ch. 510, L. 2023.