Terms Used In Montana Code > Title 20 > Chapter 5 - Pupils

• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• 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.
• 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
• Commissioner: means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506. See Montana Code 20-1-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 20-5-402
• 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
• 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. See Montana Code 20-1-101
• 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.
• 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.
• 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
• Governing authority: means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school. See Montana Code 20-5-402
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Immunization: means induction of a state of resistance to a disease through administration of an immunizing agent. See Montana Code 20-5-402
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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
• Local health department: means a city, city-county, county, or district health department. See Montana Code 20-5-402
• Local health officer: means a city, city-county, county, or district health officer. See Montana Code 20-5-402
• 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.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Postsecondary school: means a community college, a unit of the Montana university system, or a private university or college. See Montana Code 20-5-402
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preschool: means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:

  (a)serves no child under 5 years of age for more than 3 hours a day; and

  (b)serves no child 5 years of age for more than 6 hours a day. See Montana Code 20-5-402

• 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. See Montana Code 20-1-101
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Recess: A temporary interruption of the legislative business.
• 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.
• 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: means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

  (a)any combination of kindergarten through grade 12;

  (b)a postsecondary school; or

  (c)a preschool. See Montana Code 20-5-402

• 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
• 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
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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

• Trustee: A person or institution holding and administering property in trust.
• Trustees: means the governing board of a district. See Montana Code 20-1-101
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• University: means the university of Montana-Missoula. See Montana Code 20-1-101
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203