20-7-1404. Indian language immersion programs — funding — flexibility. (1) School districts are encouraged to create Indian language immersion programs and in doing so:

Terms Used In Montana Code 20-7-1404

  • 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
  • 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
  • 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
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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

(a)collaborate with other school districts, the Montana digital academy, tribal governments, and tribal colleges;

(b)utilize materials produced in the Montana Indian language preservation pilot program pursuant to section 1, Chapter 410, Laws of 2013;

(c)utilize American Indian language and culture specialists as teachers of language and culture; and

(d)look to existing native language schools in Montana and around the world for guidance and best practices.

(2)In acknowledgment of Article X, section 1, of the Montana constitution, the educationally relevant factors for the school funding formula under 20-9-309(3), and the increased costs associated with language immersion programs, a district creating an Indian language immersion program is entitled to the following in addition to the school funding formula in Title 20, chapter 9:

(a)(i) subject to subsections (3) and (4), for every Indian student participating in an Indian language immersion program, an additional American Indian achievement gap payment, as calculated in 20-9-306, multiplied by 2; and

(ii)for every non-Indian student participating in an Indian language immersion program, an additional Indian education for all payment, as calculated in 20-9-306, multiplied by 2; and

(b)for every full-time American Indian language and culture specialist teaching in an Indian language immersion program, a quality educator payment as calculated in 20-9-306.

(3)For a district operating an Indian language immersion program that improves the district’s graduation rate for American Indians by 5 percentage points or more from the previous year as measured by the office of public instruction, the multiplier in subsection (2)(a)(i) must be increased to 3.

(4)If the money appropriated for Indian language immersion programs is insufficient to provide the amounts in subsections (2) and (3), the office of public instruction shall prorate the payments accordingly.

(5)The board of public education is encouraged to approve proposed variances to standards of accreditation for Indian language immersion programs when the board finds the proposal to be educationally sound and in alignment with the purpose described in 20-7-1402(2).

(6)The cultural and intellectual property rights from materials developed for an Indian language immersion program belong to the tribe to which the materials relate. Use of the cultural and intellectual property outside of the Indian language immersion program may be negotiated with the tribe.

(7)A district may use payments received pursuant to this section as matching funds for federal or private fund sources to accomplish the purposes of this part.