Montana Code 20-7-401. Definitions
20-7-401. Definitions. In this title, unless the context clearly indicates otherwise, the following definitions apply:
Terms Used In Montana Code 20-7-401
- 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.
- 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
- 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
(1)”Child with a disability” means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services.
(2)”Free appropriate public education” means special education and related services that:
(a)are provided at public expense under public supervision and direction and without charge;
(b)meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;
(c)include preschool, elementary school, and high school education in Montana; and
(d)are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.
(3)”Related services” means services in accordance with regulations of the Individuals With Disabilities Education Act that are required to assist a child with a disability to benefit from special education.
(4)”Special education” means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with a disability, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.
(5)”State-operated adult health care facility providing special education services to its residents” means the Montana state hospital, the Montana mental health nursing care center, or the Montana chemical dependency treatment center.
(6)”Surrogate parent” means an individual appointed to safeguard a child’s rights and protect the child’s interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.