Montana Code 20-7-1705. Parent responsibilities
20-7-1705. Parent responsibilities. (1) In order for a qualified student to participate in the Montana special needs equal opportunity education savings account program during the time periods designated by the superintendent of public instruction pursuant to 20-7-1706, the superintendent of public instruction shall require parents of qualified students who wish to participate in the program to notify the superintendent of public instruction and sign a contract with the superintendent of public instruction to do the following:
Terms Used In Montana Code 20-7-1705
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Program: means the Montana special needs equal opportunity education savings account program established in 20-7-1702. See Montana Code 20-7-1703
- 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
- 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
- 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
(a)utilize account funds to procure allowable educational resources under 20-7-1704 to develop the qualified student’s full educational potential;
(b)release the resident school district from all obligations to educate the qualified student, including any requirements that the district provide a free and appropriate education to the qualified student or develop an individualized education program for the qualified student;
(c)submit to the superintendent of public instruction copies of receipts for allowable educational resources for reimbursement;
(d)if the qualified student is re-enrolled in a public school, immediately notify the superintendent of public instruction; and
(e)if the qualified student enrolls at a qualified school, ensure that the qualified student:
(i)remains in attendance unless excused by the qualified school for illness or other good cause; and
(ii)complies with the qualified school’s published policies.
(2)If a qualified student re-enrolls full-time in a public school district, the superintendent of public instruction shall terminate payments for the student to the Montana special needs equal opportunity education savings account.