20-4-111. Emergency authorization of employment. (1) A district may request from the superintendent of public instruction an emergency authorization of employment for a person who is not the holder of a valid Montana teacher or specialist certificate and a required endorsement as an instructor of pupils when the district cannot secure the services of a person holding a valid Montana certificate and a required endorsement. The person must have previously held a valid teacher or specialist certificate from Montana or another state or shall provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought as prescribed by the policies of the board of public education for and during an emergency. Emergency authorization of employment must indicate:

Terms Used In Montana Code 20-4-111

  • 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
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • 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
  • 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 or specialist: refers to a person certified under 20-4-106. See Montana Code 20-4-101
  • teacher or specialist certificate: means a certificate issued or applied for under 20-4-106. See Montana Code 20-4-101

(a)the district to which the authorization is issued;

(b)the person whom the district is authorized to employ;

(c)the endorsement for elementary or secondary instruction and the specific subject fields for which authorization to employ the person is given; and

(d)the school fiscal year for which the emergency authorization of employment is given.

(2)Emergency authorization of employment of a person is valid for the school fiscal year identified on the authorization and may be renewed in accordance with the board of public education policies. A fee not to exceed $6 and, if no teacher or specialist certificate or emergency authorization of employment has ever been issued for the person, a filing fee of $6 must be paid for the issuance of an emergency authorization of employment. The superintendent of public instruction shall deposit the fees with the state treasurer to the credit of the general fund.

(3)Emergency authorization of employment of a person may be revoked for good cause in accordance with the provisions of 20-4-110.