Montana Code 20-5-201. Duties and sanctions
20-5-201. Duties and sanctions. (1) A pupil:
Terms Used In Montana Code 20-5-201
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- 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.
- 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
- 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
- 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
- Recess: A temporary interruption of the legislative business.
- 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
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(a)shall comply with the policies of the trustees and the rules of the school that the pupil attends;
(b)shall pursue the required course of instruction;
(c)shall submit to the authority of the teachers, principal, and district superintendent of the district; and
(d)is subject to the control and authority of the teachers, principal, and district superintendent while the pupil is in school or on school premises, on the way to and from school, or during intermission or recess.
(2)A pupil who disobeys the provisions of this section, shows open defiance of the authority vested in school personnel by this section, defaces or damages any school building, school grounds, furniture, equipment, or book belonging to the district, harms or threatens to harm another person or the person’s property, or otherwise violates district policy regarding pupil conduct is subject to punishment, suspension, or expulsion under the provisions of this title. When a pupil defaces or damages school property, the pupil’s parent or guardian is liable for the cost of repair or replacement upon the complaint of the teacher, principal, superintendent, or any trustee and the proof of any damage. This subsection does not apply to a pupil who is protecting the pupil’s self or another person as provided in 20-5-209.
(3)In addition to the sanctions prescribed in this section, the trustees of a high school district may deny a high school pupil the honor of participating in the graduation exercise or exclude a high school pupil from participating in school activities. The trustees may not take action under this subsection until the incident or infraction causing the consideration has been investigated and the trustees have determined that the high school pupil was involved in the incident or infraction.
(4)(a) A school district may withhold the grades, diploma, or transcripts of a pupil who is responsible for the cost of school materials or the loss or damage of school property until the pupil or the pupil’s parent or guardian satisfies the obligation.
(b)A school district that decides to withhold a pupil’s grades, diploma, or transcripts from the pupil and the pupil’s parent or guardian pursuant to subsection (4)(a) shall:
(i)upon receiving notice that the pupil has transferred to another school district in the state, notify the pupil’s parent or guardian in writing that the school district to which the pupil has transferred will be requested to withhold the pupil’s grades, diploma, or transcripts until any obligation has been satisfied;
(ii)forward appropriate grades or transcripts to the school to which the pupil has transferred;
(iii)at the same time, notify the school district of any financial obligation of the pupil and request the withholding of the pupil’s grades, diploma, or transcripts until any obligations are met;
(iv)when the pupil or the pupil’s parent or guardian satisfies the obligation, inform the school district to which the pupil has transferred; and
(v)adopt a policy regarding a process for a pupil or the pupil’s parent or guardian to appeal the school district’s decision to request that another school district withhold a pupil’s grades, diploma, or transcripts.
(c)Upon receiving notice that a school district has requested the withholding of the grades, diploma, or transcripts of a pupil under this subsection (4), a school district to which the pupil has transferred shall withhold the grades, diploma, or transcripts of the pupil until it receives notice from the district that initiated the decision that the decision has been rescinded under the terms of subsection (4)(a).