Montana Code 20-5-101. Admittance of child to school
20-5-101. (Temporary) Admittance of child to school. (1) The trustees shall assign and admit a child to a school in the district when the child is:
Terms Used In Montana Code 20-5-101
- 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
- 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
- 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.
- 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
- 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 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
- Trustees: means the governing board of a district. See Montana Code 20-1-101
(a)5 years of age or older on or before September 10 of the year in which the child is to enroll but is not yet 19 years of age;
(b)a resident of the district; and
(c)otherwise qualified under the provisions of this title to be admitted to the school.
(2)The trustees of a district may assign and admit any nonresident child to a school in the district under the tuition provisions of this title.
(3)The trustees may at their discretion assign and admit a child to a school in the district who is under 5 years of age or an adult who is 19 years of age or older if there are exceptional circumstances that merit waiving the age provision of this section. The trustees may also admit an individual who has graduated from high school but is not yet 19 years of age even though no special circumstances exist for waiver of the age provision of this section.
(4)The trustees shall assign and admit a child who is homeless, as defined in the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), to a school in the district regardless of residence. The trustees may not require an out-of-district attendance agreement or tuition for a homeless child.
(5)The trustees shall assign and admit a child whose parent or guardian is being relocated to Montana under military orders to a school in the district and allow the child to preliminarily enroll in classes and apply for programs offered by the district prior to arrival and establishing residency.
(6)Except for the provisions of subsection (4), tuition for a nonresident child must be paid in accordance with the tuition provisions of this title.
(7)The trustees’ assignment of a child meeting the qualifications of subsection (1) to a school in the district outside of the adopted school boundaries applicable to the child is subject to the district’s grievance policy. Upon completion of procedures set forth in the district’s grievance policy, the trustees’ decision regarding the assignment is final.
(8)The trustees shall assign and admit a child who is enrolled in a nonpublic or home school and who meets the requirements of subsection (1) as a part-time enrollee at the request of the child’s parent or guardian.
(9)For the purposes of this part, “part-time enrollee” means a qualifying pupil who is enrolled and admitted at one of the fractional levels that qualify for part-time ANB pursuant to 20-9-311(4)(a) or (4)(d).