Montana Code 20-5-209. Bullying of student prohibited — self-defense authorized
20-5-209. Bullying of student prohibited — self-defense authorized. (1) Bullying of a student enrolled in a public K-12 school by another student or an employee is prohibited.
Terms Used In Montana Code 20-5-209
- 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
- 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
(2)A student who is physically attacked is entitled to use physical force that is reasonable and necessary for self-protection.
(3)A student who witnesses another person being physically attacked is entitled to use reasonable and necessary physical restraint, defined as the placing of hands on another in a manner that is reasonable or necessary to protect the person from physical harm.
(4)A school district shall investigate a student’s use of physical force and may not reprimand or discipline a student who is found through the investigation to have more likely than not used physical force for self-protection or in protection of another pursuant to subsection (3).