Montana Code 20-7-1703. Definitions
20-7-1703. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 20-7-1703
- 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
- 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
- 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
- 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.
- 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
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Program: means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 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
- 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
- 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: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Eligible postsecondary institution” means an accredited postsecondary institution located in Montana.
(2)”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 1.00, in the district in which the student is included for ANB purposes under the program.
(3)”Montana special needs equal opportunity education savings account” or “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.
(4)”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.
(5)”Program” means the Montana special needs equal opportunity education savings account program established in 20-7-1702.
(6)”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.S.C. § 5119(a) and (c); and
(e)meets the requirements for Montana nonpublic schools under 20-5-109.
(7)”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.S.C. § 1400, et seq.; and
(ii)is between the ages of 5 and 19 on September 10;
(b)is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and
(c)(i) was counted during the previous school year for purposes of school district ANB funding;
(ii)was enrolled during the previous school year in a program listed in subsection (7)(b);
(iii)did not reside in the state in the previous school year; or
(iv)is eligible to enter a kindergarten program pursuant to 20-7-117.
(8)”Resident school district” means the school district in which a student resides.