Terms Used In Montana Code > Title 20 > Chapter 7 - School Instruction and Special Programs

• account: means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. See Montana Code 20-7-1703
• 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. See Montana Code 20-7-701
• 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. See Montana Code 20-7-701
• Advanced opportunity: means any course, exam, or experiential, online, or other learning opportunity that is incorporated in a district's advanced opportunity plan and that is designed to advance each qualifying pupil's opportunity for postsecondary career and educational success. See Montana Code 20-7-1503
• Advanced opportunity aid: means , for each fiscal year:

  (a)for an elementary district, 4. See Montana Code 20-7-1503

• Advanced opportunity plan: means a plan adopted by a board of trustees of a district that provides advanced opportunities for the pupils of the district. See Montana Code 20-7-1503
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ANB: means the average number of regularly enrolled, full-time pupils physically attending a school of the district or an offsite instructional setting or receiving remote instruction from the public schools of a district. See Montana Code 20-1-101
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• BASE: means base amount for school equity. See Montana Code 20-9-306
• BASE aid: means :

  (a)direct state aid for 44. See Montana Code 20-9-306

• Board: means the education and workforce data governing board established in 20-7-138. See Montana Code 20-7-137
• Board of public education: means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507. See Montana Code 20-1-101
• Board of regents: means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 20-1-101
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• budgeted fund: means any fund for which a budget must be adopted in order to expend money from the fund. See Montana Code 20-9-201
• Career coach: means a person who, pursuant to 20-7-335, provides career technical education or K-12 career and vocational/technical education postsecondary options to pupils in a district. See Montana Code 20-1-101
• Commissioner: means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506. See Montana Code 20-1-101
• community college district: means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. See Montana Code 20-15-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contributing agencies: means the following state agencies that gather and maintain education and workforce data, serve on the board, and are subject to the policies developed by the board pursuant to 20-7-138:

  (a)the office of public instruction;

  (b)the office of the commissioner of higher education; and

  (c)the department of labor and industry. See Montana Code 20-7-137

• County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
• District: means a school district as defined in 20-6-101. See Montana Code 20-7-1503
• District superintendent: means a person who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a district superintendent. See Montana Code 20-1-101
• Education data: means data collected or reported at the student level that is included in a student's educational record, including but not limited to:

  (a)career and college readiness indicators;

  (b)state and national assessment data;

  (c)course-taking and completion data in elementary, secondary, and postsecondary education;

  (d)elementary, secondary, and postsecondary grade point average data;

  (e)4-year, 5-year, and 6-year high school graduation rate data;

  (f)first to second year retainment data;

  (g)certificate, diploma, and degree attainment data;

  (h)college enrollment course-taking, credit, and contact hour accumulation data;

  (i)attendance and transferability data;

  (j)special education data;

  (k)remediation data; and

  (l)demographics data. See Montana Code 20-7-137

• Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
• Eligible child: means a child who is determined through the evaluation methodology selected by the board of public education pursuant to 20-7-1803 to be below a trajectory leading to reading proficiency at the end of 3rd grade. See Montana Code 20-7-1802
• Eligible district: means a school district encompassing or adjacent to an Indian reservation or a school district that includes one or more schools with an Indian population of 10% or greater. See Montana Code 20-7-1403
• Eligible postsecondary institution: means an accredited postsecondary institution located in Montana. See Montana Code 20-7-1703
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• ESA student amount: means the sum of:

  (a)the data-for-achievement payment rate under 20-9-306;

  (b)the Indian education for all payment rate under 20-9-306;

  (c)the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and

  (d)the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1. See Montana Code 20-7-1703

• Evaluation methodology: means a research-based methodology, instrument, or assessment selected by the board of public education to determine, based on a child's age or grade level, whether the child is above, at, or below a developmental trajectory leading to reading proficiency on completion of 3rd grade. See Montana Code 20-7-1802
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
• fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
• 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. See Montana Code 20-7-901
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Immersion program: means a program of an eligible district in which:

  (a)all participating students receive content area instruction in an Indian language at least 50% of the day;

  (b)teachers are fully proficient in the languages they use for instruction; and

  (c)the goal of the program is perpetuating cultural integrity and promoting bilingualism and biliteracy. See Montana Code 20-7-1403

• Indian language: means any of the languages of a federally recognized Indian tribe in Montana. See Montana Code 20-7-1403
• intervention: means , as further described in 20-7-1803, any of the following:

  (a)a classroom-based program;

  (b)a home-based program; or

  (c)a jumpstart program. See Montana Code 20-7-1802

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Maximum general fund budget: means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, the total quality educator payment, the total at-risk student payment, the total Indian education for all payment, the total American Indian achievement gap payment, the total data-for-achievement payment, and the greater of the district's special education allowable cost payment multiplied by:

  (a)175%; or

  (b)the ratio, expressed as a percentage, of the district's special education allowable cost expenditures to the district's special education allowable cost payment for the fiscal year that is 2 years previous, with a maximum allowable ratio of 200%. See Montana Code 20-9-306

• nonbudgeted fund: means any fund for which a budget is not required in order to expend money on deposit in the fund. See Montana Code 20-9-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. See Montana Code 20-7-1703
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Principal: means a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a principal. See Montana Code 20-1-101
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Proficiency: means a measure of competence that is demonstrated through application in a performance assessment. See Montana Code 20-7-1601
• Proficiency-based learning: means an education system in which student progress is based on a student's demonstration of competence rather than on the basis of seat time or the age or grade level of the student. See Montana Code 20-7-1601
• Program: means the Montana special needs equal opportunity education savings account program established in 20-7-1702. See Montana Code 20-7-1703
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pupil: means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
• Qualified school: means a nonpublic school serving any combination of grades kindergarten through 12 that:

  (a)is in compliance with applicable local health and safety regulations;

  (b)holds a valid occupancy permit, if required by the municipality;

  (c)does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307;

  (d)requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U. See Montana Code 20-7-1703

• Qualified student: means a resident of the state who:

  (a)in the current school year:

  (i)is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U. See Montana Code 20-7-1703

• Qualifying pupil: means a pupil, as defined in 20-1-101, that is enrolled and admitted by a district qualified for advanced opportunity aid under 20-7-1506(3) who is in grades 6 through 12. See Montana Code 20-7-1503
• Recess: A temporary interruption of the legislative business.
• Regents: means the board of regents of higher education. See Montana Code 20-1-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remote instruction: means pupil instruction that occurs through virtual learning processes incorporating distance and online learning methods that best prepare pupils to meet desired learning outcomes as authorized in 20-7-118. See Montana Code 20-1-101
• Resident school district: means the school district in which a student resides. See Montana Code 20-7-1703
• school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
• School bus: means , except as provided in subsection (5)(b), any motor vehicle that complies with the bus standards established by the board of public education as verified by the department of justice's semiannual inspection of school buses and the superintendent of public instruction and:

  (i)is owned by a district or other public agency and operated for the transportation of pupils to or from school or owned by a carrier under contract with a district or public agency to provide transportation of pupils to or from school; or

  (ii)is district-owned, is designed to carry 10 or fewer passengers, has an overall safety rating of five stars from the national highway traffic safety administration at the time of purchase, and is insured in accordance with minimum coverage requirements set forth in 20-10-109. See Montana Code 20-10-101

• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• state equalization aid: means revenue as required in this section for distribution to the public schools for guaranteed tax base aid, BASE aid, and state debt service assistance. See Montana Code 20-9-343
• Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
• System: means the Montana university system. See Montana Code 20-1-101
• Teacher: means a person, except a district superintendent, who holds a valid Montana teacher certificate that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. See Montana Code 20-1-101
• Teacher of traffic education: means an instructor approved by the superintendent of public instruction to teach traffic education. See Montana Code 20-7-501
• Textbook: means a book, digital resource, or manual used as a principal source of study material for a given class or group of students. See Montana Code 20-1-101
• Textbook dealer: means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state. See Montana Code 20-1-101
• Total quality educator payment: means the payment resulting from multiplying $3,566 for fiscal year 2024 and $3,673 for each succeeding fiscal year by the sum of:

  (a)the number of full-time equivalent educators as provided in 20-9-327; and

  (b)as provided in 20-9-324, for a school district meeting the legislative goal for competitive base pay of teachers, the number of full-time equivalent teachers that were in the first 3 years of the teacher's teaching career in the previous year. See Montana Code 20-9-306

• Traffic education: means instruction in motor vehicle, bicycle, pedestrian, and school bus traffic laws or motorcycle laws, in the acceptance of personal responsibility on the public highways, in the causes and consequences of traffic accidents, and in the skills necessary for the safe operation of bicycles and motor vehicles or motorcycles. See Montana Code 20-7-501
• Traffic education account: means the state treasury account in the state special revenue fund for the deposit and disbursement of state traffic education revenue. See Montana Code 20-7-501
• Traffic education course: means a course of traffic education that has been approved by the superintendent of public instruction. See Montana Code 20-7-501
• Transportation: means :

  (a)a district's conveyance of a pupil by a school bus between the pupil's legal residence or an officially designated bus stop and the school designated by the trustees for the pupil's attendance; or

  (b)individual transportation. See Montana Code 20-10-101

• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustees: means the governing board of a district. See Montana Code 20-1-101
• Trustees: means the board of trustees of an elementary or K-12 school district. See Montana Code 20-7-1802
• University: means the university of Montana-Missoula. See Montana Code 20-1-101
• Vocational-technical education: means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents. See Montana Code 20-1-101
• Workforce data: means data related to an individual's workforce outcomes, including but not limited to, an individual's:

  (a)labor and workforce training program participation and completion information data;

  (b)wage information;

  (c)unemployment claim eligibility information;

  (d)employer information; and

  (e)demographics data. See Montana Code 20-7-137