20-4-109. Fees for teacher and specialist certificates. (1) (a) A person applying for the issuance or renewal of a teacher or specialist certificate shall pay a fee for each school fiscal year that the certificate is valid. In addition to this fee, a person who has never held any class of Montana teacher or specialist certificate or for whom an emergency authorization of employment has never been issued shall pay a filing fee. The fees must be paid to the superintendent of public instruction, who shall deposit the fees with the state treasurer to the credit of the state special revenue fund account, created in subsection (2), to be used for fully funding the costs of administering the teacher and specialist licensure program at the office of public instruction, including operations and maintenance of the licensure system and personnel costs.

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Terms Used In Montana Code 20-4-109

  • 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
  • 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
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • 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
  • teacher or specialist: refers to a person certified under 20-4-106. See Montana Code 20-4-101
  • teacher or specialist certificate: means a certificate issued or applied for under 20-4-106. See Montana Code 20-4-101

(b)The superintendent of public instruction shall recommend to the board of public education annual and filing fee amounts sufficient to generate the revenue required to administer the teacher and specialist licensure program. In recommending the fees, the superintendent shall consider the revenues and expenses incurred in the prior 5 licensing renewal years, but the cash balance of the account in subsection (2) may not exceed two times the account’s annual appropriation level. The recommendation must include documentation sufficient to support the fees charged to support the licensure program. The board of public education shall set the annual and filing fee amounts based on the superintendent’s recommendation.

(2)There is an account in the state special revenue fund. Money from fees for teacher or specialist certificates required in subsection (1) must be deposited in the account and used for administering the teacher and specialist licensure program at the office of public instruction.