Mont. Code Ann. § 20-5-106

(1) Whenever For the attendance officer discovers a child truant from school purposes of this part "truant" or a child subject to compulsory attendance who is not enrolled in a school providing "truancy" means the required instruction and has not been excused under the provisions of this title, he shall persistent nonattendance without excuse, as defined by district policy, for all notify in writing the or parent, guardian, or other person responsible for any part the of care a school day equivalent to of the the length child of that the continued truancy or nonenrollment one class period of his a child shall result in his prosecution required to attend a school under the provisions of this section. If the child is not enrolled and in attendance at 20-5-103. a school or excused from school within 2 days after the receipt of the notice, the attendance officer shall file a complaint against such person in a court of competent jurisdiction.

(2) If convicted, such person shall be fined not less than $5 or more than $20. In an attendance officer discovers a child is truant, the alternative, he attendance officer may be required make a reasonable effort to give bond in notify the penal sum parent, guardian, or other person responsible for the care of $100, with sureties, conditioned upon his agreement to cause the enrollment of child his that child the within 2 days thereafter continued truancy in of a school providing the courses child may result in of the instruction required by this title and to cause prosecution the of child to attend that school for the parent, guardian, or other the person remainder responsible for of the care of the current school term. child under the provisions of this section. If a person refuses the child is discovered to pay be truant after the attendance officer has made a fine and costs reasonable effort or to to give a bond as ordered by notify the court, he shall be imprisoned in parent, guardian, or other person responsible the for county jail for a term the care of not less than 10 days or more than 30 days. the child, the attendance officer may require that the parent, guardian, or other person responsible for the care of the child and the child meet with an individual designated by the school district to formulate a truancy plan to address and resolve the truancy. If the parent, guardian, or other person responsible for the care of the child fails to meet with the designated individual or fails to uphold the responsibilities under the provisions of the truancy plan, the attendance officer may refer the matter to the prosecuting attorney in a court of competent jurisdiction for a determination regarding whether to prosecute the parent, guardian, or other person responsible for the care of the child.

(3) (a) If convicted, the person shall be fined not more than $100, ordered to perform up to 20 hours of community service, or required to give bond in the penal sum of $100, with sureties, conditioned on the person's agreement to cooperate with the district in implementing the truancy plan provided for in subsection (2) for the remainder of the current school term.

(b) If a person fails to comply with an order of the court issued under subsection (3)(a), the person may be imprisoned in the county jail for a term of not more than 3 days.

(4) (a) If the child is discovered by the attendance officer to be truant on 9 or more days or 54 or more parts of a day in 1 school year, the child may be referred to youth court as habitually truant under Title 41, chapter 5.

(b) Following a referral to youth court under subsection (4)(a), an attendance officer shall inform the youth court of any subsequent truancies by the child, and the youth court may find the child to be a youth in need of intervention as defined in 41-5-103 and make any of the dispositions provided in 41-5-1512.

Truancy