Montana Code 20-7-133. Pledge of allegiance required — exemption for students and teachers
20-7-133. Pledge of allegiance required — exemption for students and teachers. (1) Except as provided in subsection (4), the pledge of allegiance to the flag of the United States of America must be recited in all public schools of the state and may be followed by a moment of silence.
Terms Used In Montana Code 20-7-133
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- 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
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The recitation required in subsection (1) must be conducted at the beginning of the first class of each school day in kindergarten through grade 12.
(3)The recitation must be conducted:
(a)by each individual classroom teacher or the teacher’s surrogate; or
(b)over the school intercom system by a faculty member or person designated by the principal.
(4)A school district shall inform all students and teachers of their right to not participate in recitation of the pledge. Any student or teacher who, for any reason, objects to participating in the pledge exercise must be excused from participation. A student or teacher who declines to participate in the pledge may engage in any alternative form of conduct so long as that conduct does not materially or substantially disrupt the work or discipline of the school.
(5)If a student or teacher declines to participate in the recitation of the pledge pursuant to this section, a school district may not for evaluation purposes include any reference to the student’s or teacher’s not participating.