Definitions
As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Accreditation standards" means the body of administrative rules governing standards such as:
(a) school leadership;
(b) educational opportunity;
(c) academic requirements;
(d) program area standards;
(e) content and performance standards;
(f) school facilities and records;
(g) student assessment; and
(h) general provisions.
(2) "Aggregate hours" means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled.
(3) "Agricultural experiment station" means the agricultural experiment station established at Montana state university-Bozeman.
(4) "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.
(5) "Average number belonging" or "ANB" means the average number of regularly enrolled, full-time pupils physically attending or receiving educational services at an offsite instructional setting from the public schools of a district.
(6) "Board of public education" means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507.
(7) "Board of regents" means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505.
(8) "Commissioner" means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506.
(9) "County superintendent" means the county government official who is the school officer of the county.
(10) "District superintendent" means a person who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement 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 has been employed by a district as a district superintendent.
(11) (a) "Educational program" means a set of educational offerings designed to meet the program area standards contained in the accreditation standards.
(b) The term does not include an educational program or programs used in 20-4-121 and 20-25-803.
(12) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:
(a) offer a sequence of courses that provide a pupil with the academic and technical knowledge and skills that the pupil needs to prepare for further education and for careers in the current or emerging employment sectors; and
(b) include competency-based applied learning through advanced opportunities, work-based learning partnerships, and other experiential learning opportunities that contribute to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.
(13) (a) "Minimum aggregate hours" means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between classes and, in an offsite instructional setting, includes time spent logging on and off an offsite learning platform.
(b) The term does not include lunch time and periods of unstructured recess.
(14) "Offsite instructional setting" means an instructional setting at a location, separate from a main school site, where a school district provides for instruction to a student who is enrolled in the district.
(15) "Principal" means a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement 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 has been employed by a district as a principal. For the purposes of this title, any reference to a teacher must be construed as including a principal.
(16) "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. The eligibility of pupils and calculations for average number belonging are governed by 20-9-311.
(17) "Pupil instruction" means the conduct of organized learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise fulfill their full educational potential.
(18) "Qualified and effective teacher or administrator" means an educator who is licensed and endorsed in the areas in which the educator teaches, specializes, or serves in an administrative capacity as established by the board of public education.
(19) "Regents" means the board of regents of higher education.
(20) "Regular school election" or "trustee election" means the election for school board members held on the day established in 20-20-105(1).
(21) "School election" means a regular school election or any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title.
(22) "School food services" means a service of providing food for the pupils of a district on a nonprofit basis and includes any food service financially assisted through funds or commodities provided by the United States government.
(23) "Special school election" means an election held on a day other than the day of the regular school election, primary election, or general election.
(24) "State board of education" means the board composed of the board of public education and the board of regents as specified in Article X, section 9, subsection (1), of the Montana constitution.
(25) "State university" means Montana state university-Bozeman.
(26) "Student with limited English proficiency" means any student:
(a) (i) who was not born in the United States or whose native language is a language other than English;
(ii) who is an American Indian and who comes from an environment in which a language other than English has had a significant impact on the individual's level of English proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment in which a language other than English is dominant; and
(b) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student:
(i) the ability to meet the state's proficiency assessments;
(ii) the ability to successfully achieve in classrooms in which the language of instruction is English; or
(iii) the opportunity to participate fully in society.
(27) "Superintendent of public instruction" means that state government official designated as a member of the executive branch by the Montana constitution.
(28) "System" means the Montana university system.
(29) "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. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111.
(30) "Textbook" means a book, digital resource, or manual used as a principal source of study material for a given class or group of students.
(31) "Textbook dealer" means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state.
(32) "Trustees" means the governing board of a district.
(33) "University" means the university of Montana-Missoula.
(34) "Vocational-technical education" means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents.
(1) "Accreditation standards" means the body of administrative rules governing standards such as:
(a) school leadership;
(b) educational opportunity;
(c) academic requirements;
(d) program area standards;
(e) content and performance standards;
(f) school facilities and records;
(g) student assessment; and
(h) general provisions.
(10) "District "County superintendent" means a person the county government official who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement that has been is issued by the superintendent school officer of public instruction under the provisions of this title and the policies adopted by the board of public education and county. who has been employed by a district as a district superintendent.
(11) "District superintendent" means a person who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement 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 has been employed by a district as a district superintendent.
(11) (a) "Educational program" means a set of educational offerings designed to meet the program area standards contained in the accreditation standards.
(b) The term does not include an educational program or programs used in 20-4-121 and 20-25-803.
(12) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:
(12) (a) offer "Educational program" means a sequence set of courses that provide a pupil with educational offerings designed to meet the academic and technical knowledge and skills that program area standards contained in the pupil needs to prepare for further education and for careers in the current or emerging accreditation standards. employment sectors; and
(b) The term does not include competency-based applied learning through advanced opportunities, work-based learning partnerships, an educational program or programs used in 20-4-121 and other experiential learning opportunities that contribute to the academic knowledge, higher-order reasoning and problem-solving skills, 20-25-803. work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.
(13) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:
(13) (a) "Minimum aggregate hours" means the minimum hours offer a sequence of courses pupil that instruction that must be conducted during provide a pupil the with school fiscal year in accordance with 20-1-301 the academic and includes passing time between classes and, in an offsite instructional setting, includes time spent logging technical knowledge on and off an offsite learning platform. skills that the pupil needs to prepare for further education and
(b) The term does not include lunch time competency-based applied learning through advanced opportunities, work-based learning partnerships, and periods of unstructured recess. other experiential learning opportunities that contribute to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.
(14) "Offsite instructional setting" means an instructional setting at a location, separate from a main school site, where a school district provides for instruction to a student who is enrolled in the district.
(14) (a) "Minimum aggregate hours" means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between classes and includes time spent logging on and off when receiving remote instruction.
(b) The term does not include lunch time and periods of unstructured recess.
(15) "Principal" "Offsite instructional setting" means an instructional setting that is an extension of a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement school that has been issued by the of superintendent of public instruction under the provisions of this title and district, located apart from the policies adopted by school, but within the board boundaries of public education and who has been employed by a the district, where district a as school district provides in-person pupil instruction to a principal. For student who is enrolled in the purposes of this title, district. A district shall comply with any reference
(16) "Pupil" "Principal" means an individual a person who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in holds a school established and maintained under the laws of the state at public expense. The eligibility valid class 3 Montana teacher certificate with an applicable principal's endorsement that has been issued by the superintendent of pupils public instruction under the provisions of this title and calculations for average number belonging are governed the policies adopted by 20-9-311. the board of public education and who has been employed by a district as a principal. For the purposes of this title, any reference to a teacher must be construed as including a principal.
(17) "Pupil instruction" "Pupil" means an individual who is admitted by the conduct board of organized learning opportunities for pupils trustees pursuant to 20-5-101 and who is enrolled in public schools while under a school established and maintained under the supervision laws of a teacher. the state at public expense. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, eligibility guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency pupils and facilitate the acquisition of knowledge, skills, and abilities calculations for average number belonging are governed by pupils enrolled in public schools, and to otherwise fulfill their full educational potential. 20-9-311.
(18) "Qualified and effective teacher or administrator" "Pupil instruction" means an educator who is licensed and endorsed in the the areas conduct of organized learning opportunities for pupils enrolled in which public schools while under the educator teaches, specializes, or serves in an administrative capacity as established by the board supervision of public education. a teacher. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise fulfill their full educational potential.
(19) "Regents" "Qualified and effective teacher or administrator" means an educator who is licensed and endorsed in the board of regents of higher education. areas in which the educator teaches, specializes, or serves in an administrative capacity as established by the board of public education.
(2) "Aggregate hours" means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled.
(20) "Regular school election" or "trustee election" "Regents" means the election for school board members held on the day established in 20-20-105(1). of regents of higher education.
(21) "School "Regular election" school election" means or a regular "trustee election" means the school election election or any election conducted by a district or community college district for authorizing taxation, authorizing school board members held on the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting day established in 20-20-105(1). any proposition that may be presented to the electorate for decision in accordance with the provisions of this title.
(22) "School food services" "Remote instruction" means a service of providing food for the pupils of a district on a nonprofit basis pupil instruction that occurs and through includes any food service financially assisted through funds or commodities provided by the United States virtual learning processes incorporating distance and online learning methods that best prepare pupils to meet government. desired learning outcomes as
(23) "Special "School school election" election" means an election a held on a regular day other than the day of the regular school election, primary election, election or general election. any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title.
(24) "State board "School food services" of means education" means a service the of board composed providing food for of the the board pupils of public education a district on a nonprofit basis and the board of regents as specified in Article X, section 9, subsection (1), of the includes any food service financially
(25) "State university" "School of the district" or "school in the district" means Montana state university-Bozeman. an accredited school operated by the district that is located within the boundaries of the district operating the school.
(26) "Student with limited English proficiency" "Special school election" means any student: an election held on a day other than the day of the regular school election, primary election, or general election.
(a) (i) who was not born in the United States or whose native language is a language other than English;
(ii) who is an American Indian and who comes from an environment in which a language other than English has had a significant impact on the individual's level of English proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment in which a language other than English is dominant; and
(b) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student:
(i) the ability to meet the state's proficiency assessments;
(ii) the ability to successfully achieve in classrooms in which the language of instruction is English; or
(iii) the opportunity to participate fully in society.
(27) "Superintendent "State board of education" public means instruction" means that state government official designated as a member of the board composed of the executive branch by board of public education and the Montana constitution. board of regents as specified in Article X, section 9, subsection (1), of
(28) "System" "State university" means the Montana university state
(29) "Teacher" "Student with limited English proficiency" means a person, except a district superintendent, who holds a valid Montana teacher certificate that has any student: 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. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111.
(a) (i) who was not born in the United States or whose native language is a language other than English;
(ii) who is an American Indian and who comes from an environment in which a language other than English has had a significant impact on the individual's level of English proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment in which a language other than English is dominant; and
(b) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student:
(i) the ability to meet the state's proficiency assessments;
(ii) the ability to successfully achieve in classrooms in which the language of instruction is English; or
(iii) the opportunity to participate fully in society.
(3) "Agricultural experiment station" means the agricultural experiment station established at Montana state university-Bozeman.
(30) "Textbook" "Superintendent of public instruction" means that state government official designated a as book, digital resource, or manual used as a principal source member of study material for a given class or group of students.
(31) "Textbook dealer" "System" means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state. Montana university system.
(32) "Trustees" "Teacher" means the governing board of a district. 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. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111.
(33) "University" "Textbook" means the university of Montana-Missoula. a book, digital resource, or manual used as a principal source of study material for a given class or group of students.
(34) "Vocational-technical education" "Textbook dealer" means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, party, company, corporation, or a tribally controlled community college, as designated by the board of regents. other organization selling, offering to sell, or offering for adoption textbooks to districts in the state.
(35) "Trustees" means the governing board of a district.
(36) "University" means the university of Montana-Missoula.
(37) "Vocational-technical education" means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents.
(4) "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.
(5) "Average number belonging" or "ANB" means the average number of regularly enrolled, full-time pupils physically attending a school of the district or receiving an educational services at an offsite instructional setting or receiving remote instruction from the public schools of a district.
(6) "Board of public education" means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507.
(7) "Board of regents" means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505.
(8) "Commissioner" "Career coach" means the commissioner of higher a person who, pursuant to 20-7-335, provides career technical education created by Article X, section 9, subsection (2), of the Montana constitution or K-12 career and 2-15-1506. vocational/technical education postsecondary options to pupils in a
(9) "County superintendent" "Commissioner" means the county government official who is the school officer commissioner of the county. higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506.
Definitions
As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
| (1), (14), (17), (19), (24)EnactedEn. 75-8402 by SectionSec. 2, ChapterCh. 2, Laws ofL. 1971 |
| SectionSec. 75-8402, Revised Codes of MontanaR.C.M. 1947 |
| (2)EnactedEn. 75-6902 by SectionSec. 252, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 1, ChapterCh. 345, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 1, ChapterCh. 343, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 3, ChapterCh. 352, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 1, ChapterCh. 373, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 1, ChapterCh. 132, Laws ofL. 1975 |
| SectionSec. 75-6902, Revised Codes of MontanaR.C.M. 1947 |
| (3) thru (5), (16)EnactedEn. SectionSec. 1, ChapterCh. 344, Laws ofL. 1973 |
| SectionSec. 75-5609, Revised Codes of MontanaR.C.M. 1947 |
| (6)EnactedEn. 75-5801 by SectionSec. 19, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 28, ChapterCh. 100, Laws ofL. 1973 |
| SectionSec. 75-5801, Revised Codes of MontanaR.C.M. 1947 |
| (7), (11), (20)EnactedEn. 75-6101 by SectionSec. 82, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-6101, Revised Codes of MontanaR.C.M. 1947 |
| (8) thru (10), (25)EnactedEn. SectionSec. 404, ChapterCh. 5, Laws ofL. 1971 |
| (amendedamd. SectionSec. 4, ChapterCh. 434, Laws ofL. 1975 – [unconstitutional, 167 M 261] |
| SectionSec. 4, ChapterCh. 434, Laws ofL. 1975 repealed by SectionSec. 1, ChapterCh. 4, Laws ofL. 1977) |
| SectionSec. 75-7701, Revised Codes of MontanaR.C.M. 1947 |
| (12)EnactedEn. 75-6301 by SectionSec. 114, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-6301, Revised Codes of MontanaR.C.M. 1947 |
| (13)EnactedEn. 75-7401 by SectionSec. 365, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-7401, Revised Codes of MontanaR.C.M. 1947 |
| (15)EnactedEn. 75-8001 by SectionSec. 442, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-8001, Revised Codes of MontanaR.C.M. 1947 |
| (18)EnactedEn. 75-5701 by SectionSec. 10, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 27, ChapterCh. 100, Laws ofL. 1973 |
| SectionSec. 75-5701, Revised Codes of MontanaR.C.M. 1947 |
| (21), (22)EnactedEn. 75-7601 by SectionSec. 393, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-7601, Revised Codes of MontanaR.C.M. 1947 |
| (23)EnactedEn. 75-5901 by SectionSec. 30, ChapterCh. 5, Laws ofL. 1971 |
| SectionSec. 75-5901, Revised Codes of MontanaR.C.M. 1947 |
| Revised Codes of MontanaR.C.M. 1947, 75-5609, 75-5701, 75-5801, 75-5901(part), 75-6101, 75-6301, 75-6902(part), 75-7401, 75-7601, 75-7701, 75-8001, 75-8402 |
| AmendedAmd. SectionSec. 1, ChapterCh. 334, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 1, ChapterCh. 558, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 8, ChapterCh. 598, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 1, ChapterCh. 388, Laws ofL. 1987 |
| AmendedAmd. SectionSec. 7, ChapterCh. 658, Laws ofL. 1987 |
| AmendedAmd. SectionSec. 11, ChapterCh. 308, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 1, ChapterCh. 133, Laws ofL. 2001 (HB 134 - Facey, Tom (D) HD 67) |
| AmendedAmd. SectionSec. 2, ChapterCh. 138, Laws ofL. 2005 (SB 170 - Mangan, Jeff (D) SD 12) |
| AmendedAmd. SectionSec. 3, ChapterCh. 208, Laws ofL. 2005 (SB 152 - Ryan, Don (D) SD 10) |
| AmendedAmd. SectionSec. 1, ChapterCh. 215, Laws ofL. 2005 (SB 359 - Story, Bob (R) SD 30) |
| AmendedAmd. SectionSec. 2, ChapterCh. 570, Laws ofL. 2005 (SB 224 - Laslovich, Jesse (D) SD 43) |
| AmendedAmd. SectionSec. 198, ChapterCh. 49, Laws ofL. 2015 (HB 84 - Bennett, Bryce (D) HD 91) |
| AmendedAmd. SectionSec. 1, ChapterCh. 16, Laws ofL. 2019 (SB 11 - Salomon, Daniel (R) SD 47) |
| AmendedAmd. SectionSec. 1, ChapterCh. 18, Laws ofL. 2021 (HB 26 - Funk, Moffie (D) HD 82) |
| AmendedAmd. SectionSec. 1, ChapterCh. 247, Laws ofL. 2021 (HB 246 - Bertoglio, Marta (R) HD 75) |
| AmendedAmd. SectionSec. 1, ChapterCh. 406, Laws ofL. 2021 (HB 233 - Anderson, Fred (R) HD 20) |