20-7-1706. Responsibilities of superintendent of public instruction — rulemaking. (1) The superintendent of public instruction shall make information about the program accessible through printed informational materials and the office of public instruction website to parents, students, and school districts.

Terms Used In Montana Code 20-7-1706

  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • 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. See Montana Code 20-7-1703

  • 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.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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
  • 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

  • Resident school district: means the school district in which a student resides. 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
  • 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
  • Writing: includes printing. See Montana Code 1-1-203

(2)The superintendent of public instruction shall ensure that parents of qualified students receive notice that participation in the program is a parental placement under the Individuals With Disabilities Education Act, 20 U.S.C. § 1412, along with an explanation of the rights that parentally placed students possess under the Individuals With Disabilities Education Act and any applicable state laws and regulations.

(3)The superintendent of public instruction may remove a qualified student from eligibility for an account if the parent fails to comply with the terms of the contract signed pursuant to 20-7-1705, knowingly misuses account funds, or knowingly fails to comply with the terms of the contract with intent to defraud. If a qualified student is removed from eligibility, the superintendent of public instruction shall suspend the qualified student from the program and shall notify the parent in writing that the qualified student has been suspended and that no further reimbursements from the account will be allowed. The notification must specify the reason for the suspension and state that the parent has 10 business days to respond and take corrective action. If the parent refuses or fails within the 10-day period to contact the superintendent of public instruction or provide information or make a report that is required for reinstatement, the superintendent of public instruction may remove the qualified student from the program pursuant to this subsection. A parent may appeal the superintendent of public instruction’s decision pursuant to Title 2, chapter 4, part 6.

(4)The superintendent of public instruction may refer cases of substantial misuse of account funds to the attorney general for investigation if the superintendent of public instruction obtains evidence of fraudulent use of an account.

(5)The superintendent of public instruction shall establish rules necessary for administering the program that are limited to the following:

(a)establishment of no fewer than two time periods each year during which a student’s parent may notify the superintendent of public instruction of the parent’s desire for the student to participate in the program. Each time period must be at least 1 month long. One period must be between September 1 and January 1, and the other time period must be between March 1 and June 1, based on the superintendent of public instruction’s determination of school district and parent needs.

(b)verification of student eligibility pursuant to 20-7-1703;

(c)creation of a parent contract pursuant to 20-7-1705;

(d)notification of the resident school district of the student’s participation in the program;

(e)calculation of the amount of the ESA student amount;

(f)accounting guidance related to the money remitted by school districts under 20-7-1709(2);

(g)establishment of participation agreements to create a trust interest in the special needs equal opportunity education savings trust established in 20-7-1710 and provision for participation in the program; and

(h)procedures for reimbursement for the purchase of allowable educational resources from a student’s account.

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