Montana Code 49-2-307. Discrimination in education
49-2-307. Discrimination in education. (1) It is an unlawful discriminatory practice for an educational institution:
Terms Used In Montana Code 49-2-307
- Age: means number of years since birth. See Montana Code 49-2-101
- Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-2-101
- Educational institution: means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution. See Montana Code 49-2-101
- National origin: means ancestry. See Montana Code 49-2-101
- Physical or mental disability: means :
(i)a physical or mental impairment that substantially limits one or more of a person's major life activities;
(ii)a record of such an impairment; or
(iii)a condition regarded as such an impairment. See Montana Code 49-2-101
- Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101
(a)to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds;
(b)to make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information or to make or keep a record concerning the race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted by regulations of the commission;
(c)to print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or mental disability, sex, marital status, or national origin of an applicant for admission; or
(d)to announce or follow a policy of denial or limitation of educational opportunities of a group or its members, through a quota or otherwise, because of race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin.
(2)For the purposes of this section, it is not an unlawful discriminatory practice for a student to:
(a)call another student by the student’s legal name; or
(b)refer to another student by the student’s sex.