§ 20-9-301 Repealed
§ 20-9-302 School isolation
§ 20-9-303 Nonisolated school BASE budget funding — special education funds
§ 20-9-304 Repealed
§ 20-9-305 Proration and calculation of BASE funding program for joint district
§ 20-9-306 Definitions
§ 20-9-307 Repealed
§ 20-9-308 BASE budgets and general fund budget limits
§ 20-9-309 Basic system of free quality public elementary and secondary schools defined — identifying educationally relevant factors — establishment of funding formula and budgetary structure — legislative review
§ 20-9-310 Oil and natural gas production taxes for school districts — allocation and limits
§ 20-9-311 Calculation of average number belonging (ANB) — 3-year averaging
§ 20-9-312 Repealed
§ 20-9-313 Circumstances under which regular average number belonging may be increased
§ 20-9-314 Repealed
§ 20-9-315 Repealed
§ 20-9-316 Repealed
§ 20-9-317 Repealed
§ 20-9-318 Repealed
§ 20-9-319 Repealed
§ 20-9-320 Repealed
§ 20-9-321 Allowable cost payment for special education
§ 20-9-322 Repealed
§ 20-9-323 Repealed
§ 20-9-324 Incentives for school districts meeting legislative goal for competitive base pay of teachers in public school districts — definitions
§ 20-9-325 Data-for-achievement payment
§ 20-9-326 Annual inflation-related adjustments to basic entitlements and per-ANB entitlements
§ 20-9-327 Quality educator payment
§ 20-9-328 At-risk student payment
§ 20-9-329 Indian education for all payment
§ 20-9-330 American Indian achievement gap payment
§ 20-9-331 Basic county tax for elementary equalization and other revenue for county equalization of elementary BASE funding program
§ 20-9-332 Fines and penalties proceeds for elementary county equalization
§ 20-9-333 Basic county tax for high school equalization and other revenue for county equalization of high school BASE funding program
§ 20-9-334 Repealed
§ 20-9-335 Formula for apportionment of county equalization money
§ 20-9-336 School equalization and property tax reduction account — uses
§ 20-9-341 Definition of interest and income money
§ 20-9-342 Deposit of interest and income money by state board of land commissioners
§ 20-9-343 Definition of and revenue for state equalization aid
§ 20-9-344 Duties of board of public education for distribution of BASE aid
§ 20-9-345 Repealed
§ 20-9-346 Duties of superintendent of public instruction for state and county equalization aid distribution
§ 20-9-347 Distribution of BASE aid and special education allowable cost payments in support of BASE funding program — exceptions
§ 20-9-348 Estimation of state equalization aid for budget purposes
§ 20-9-351 Funding of deficiency in BASE aid
§ 20-9-352 Repealed
§ 20-9-353 Over-BASE budget levy — election for authorization to impose
§ 20-9-360 State equalization aid levy
§ 20-9-361 County equalization revenue
§ 20-9-366 Definitions
§ 20-9-367 Eligibility to receive guaranteed tax base aid or state debt service assistance for school facilities
§ 20-9-368 Amount of guaranteed tax base aid
§ 20-9-369 Duties of superintendent of public instruction and department of revenue
§ 20-9-370 Definitions
§ 20-9-371 Calculation and uses of school facility entitlement amount
§ 20-9-375 Repealed
§ 20-9-376 Purpose of increased funding beyond inflation
§ 20-9-380 School facilities fund — school major maintenance aid special revenue account

Terms Used In Montana Code > Title 20 > Chapter 9 > Part 3 - Funding of Basic System of Quality Public Schools

  • Aggregate hours: means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled. See Montana Code 20-1-101
  • 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
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • At-risk student: means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation. See Montana Code 20-1-101
  • BASE: means base amount for school equity. See Montana Code 20-9-306
  • BASE aid: means :

    (a)direct state aid for 44. See Montana Code 20-9-306

  • BASE budget: means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. See Montana Code 20-9-306
  • BASE budget levy: means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369. See Montana Code 20-9-306
  • BASE funding program: means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321. See Montana Code 20-9-306
  • Basic entitlement: means :

    (a)for each high school district:

    (i)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of 800 or fewer; and

    (ii)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of more than 800, plus $17,175 for fiscal year 2024 and $17,690 for each succeeding fiscal year for each additional 80 ANB over 800;

    (b)for each elementary school district or K-12 district elementary program without an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (ii)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250;

    (c)for each elementary school district or K-12 district elementary program with an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i)for the district's kindergarten through grade 6 elementary program:

    (A)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (B)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250; and

    (ii)for the district's approved and accredited junior high school, 7th and 8th grade programs, or middle school:

    (A)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of 450 or fewer; and

    (B)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of more than 450, plus $5,724 for fiscal year 2024 and $5,896 for each succeeding fiscal year for each additional 45 ANB over 450. See Montana Code 20-9-306

  • 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
  • Budget unit: means the unit for which the ANB of a district is calculated separately pursuant to 20-9-311. See Montana Code 20-9-306
  • budgeted fund: means any fund for which a budget must be adopted in order to expend money from the fund. See Montana Code 20-9-201
  • Contract: A legal written agreement that becomes binding when signed.
  • County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
  • Direct state aid: means 44. See Montana Code 20-9-306
  • 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
  • Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • interest and income money: means the total of the following revenue, as provided for by Article X, section 5, of the 1972 Montana constitution:

    (a)95% of the interest received from the investment of the public school fund;

    (b)95% of the interest received from the investment of any other school funds held in trust by the state board of land commissioners;

    (c)95% of the income received from the leasing of or sale of timber from state school lands; and

    (d)95% of any other income derived from any other covenant affecting the use of state school lands. See Montana Code 20-9-341

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offsite instructional setting: means an instructional setting that is an extension of a school of the district, located apart from the school, but within the boundaries of the district, where a school district provides in-person pupil instruction to a student who is enrolled in the district. See Montana Code 20-1-101
  • Proficiency: means a measure of competence that is demonstrated through application in a performance assessment. See Montana Code 20-7-1601
  • Property: means real and personal property. See Montana Code 1-1-205
  • Pupil: means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
  • Pupil instruction: means the conduct of organized learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. See Montana Code 20-1-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remote instruction: means pupil instruction that occurs through virtual learning processes incorporating distance and online learning methods that best prepare pupils to meet desired learning outcomes as authorized in 20-7-118. 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
  • School facility entitlement: means :

    (a)$300 per ANB for an elementary school district;

    (b)$450 per ANB for a high school district; or

    (c)$370 per ANB for an approved and accredited junior high school or middle school. See Montana Code 20-9-370

  • school in the district: means an accredited school operated by the district that is located within the boundaries of the district operating the school. See Montana Code 20-1-101
  • 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
  • state equalization aid: means revenue as required in this section for distribution to the public schools for guaranteed tax base aid, BASE aid, and state debt service assistance. See Montana Code 20-9-343
  • State reimbursement for school facilities: means the amount of state equalization aid distributed to a district that:

    (a)has a district mill value per ANB that is less than the corresponding facility guaranteed mill value per ANB; and

    (b)has a debt service obligation in the ensuing school year on bonds. See Montana Code 20-9-370

  • 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
  • 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
  • Total at-risk student payment: means the payment resulting from the distribution of any funds appropriated for the purposes of 20-9-328. See Montana Code 20-9-306
  • Total data-for-achievement payment: means the payment provided in 20-9-325 resulting from multiplying $22. See Montana Code 20-9-306
  • Total quality educator payment: means the payment resulting from multiplying $3,566 for fiscal year 2024 and $3,673 for each succeeding fiscal year by the sum of:

    (a)the number of full-time equivalent educators as provided in 20-9-327; and

    (b)as provided in 20-9-324, for a school district meeting the legislative goal for competitive base pay of teachers, the number of full-time equivalent teachers that were in the first 3 years of the teacher's teaching career in the previous year. See Montana Code 20-9-306

  • Total school facility entitlement: means the school facility entitlement times the total ANB for the district. See Montana Code 20-9-370
  • Total special education allocation: means the state payment distributed pursuant to 20-9-321 that is the greater of the amount resulting from multiplying $293. See Montana Code 20-9-306
  • Transportation: means :

    (a)a district's conveyance of a pupil by a school bus between the pupil's legal residence or an officially designated bus stop and the school designated by the trustees for the pupil's attendance; or

    (b)individual transportation. See Montana Code 20-10-101

  • Trustees: means the governing board of a district. See Montana Code 20-1-101