Terms Used In Montana Code > Title 2 > Chapter 15 > Part 17 - Department of Labor and Industry

• account: means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. See Montana Code 20-7-1703
• Adult basic education: means instruction in basic skills, such as reading, writing, arithmetic, and other skills required to function in society, offered to persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation. See Montana Code 20-7-701
• Adult education: means the instruction of persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation and the provision of advanced opportunities to qualified pupils pursuant to Title 20, chapter 7, part 15. See Montana Code 20-7-701
• Advanced opportunity: means any course, exam, or experiential, online, or other learning opportunity that is incorporated in a district's advanced opportunity plan and that is designed to advance each qualifying pupil's opportunity for postsecondary career and educational success. See Montana Code 20-7-1503
• Advanced opportunity aid: means , for each fiscal year:

  (a)for an elementary district, 4. See Montana Code 20-7-1503

• Advanced opportunity plan: means a plan adopted by a board of trustees of a district that provides advanced opportunities for the pupils of the district. See Montana Code 20-7-1503
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Aggregate hours: means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled. See Montana Code 20-1-101
• Agricultural experiment station: means the agricultural experiment station established at Montana state university-Bozeman. See Montana Code 20-1-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• 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
• 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.
• Applicant: means a group of residents of the located school district or county of the located school district or the local school board of the located school district that submits a proposal for a public charter school to the board of public education. See Montana Code 20-6-803
• Applicant: means a person or group that submits a proposal for a community choice school to an authorizer. See Montana Code 20-11-103
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At-risk student: means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation. See Montana Code 20-1-101
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorizer: means the commission or a local school board approved as an authorizer by the commission. See Montana Code 20-11-103
• BASE: means base amount for school equity. See Montana Code 20-9-306
• BASE aid: means :

  (a)direct state aid for 44. See Montana Code 20-9-306

• BASE budget: means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. See Montana Code 20-9-306
• BASE budget levy: means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369. See Montana Code 20-9-306
• BASE funding program: means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321. See Montana Code 20-9-306
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basic entitlement: means :

  (a)for each high school district:

  (i)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of 800 or fewer; and

  (ii)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of more than 800, plus $17,175 for fiscal year 2024 and $17,690 for each succeeding fiscal year for each additional 80 ANB over 800;

  (b)for each elementary school district or K-12 district elementary program without an approved and accredited junior high school, 7th and 8th grade program, or middle school:

  (i)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

  (ii)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250;

  (c)for each elementary school district or K-12 district elementary program with an approved and accredited junior high school, 7th and 8th grade program, or middle school:

  (i)for the district's kindergarten through grade 6 elementary program:

  (A)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

  (B)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250; and

  (ii)for the district's approved and accredited junior high school, 7th and 8th grade programs, or middle school:

  (A)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of 450 or fewer; and

  (B)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of more than 450, plus $5,724 for fiscal year 2024 and $5,896 for each succeeding fiscal year for each additional 45 ANB over 450. See Montana Code 20-9-306

• Bequest: Property gifted by will.
• Board: means the education and workforce data governing board established in 20-7-138. See Montana Code 20-7-137
• 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
• Board of public education: means the board created by Article X, section 9(3), of the Montana constitution and 2-15-1507. See Montana Code 20-6-803
• Board of regents: means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 20-1-101
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• Budget unit: means the unit for which the ANB of a district is calculated separately pursuant to 20-9-311. See Montana Code 20-9-306
• budgeted fund: means any fund for which a budget must be adopted in order to expend money from the fund. See Montana Code 20-9-201
• Bus route: means a route approved by the board of trustees of a school district and by the county transportation committee. See Montana Code 20-10-101
• Career coach: means a person who, pursuant to 20-7-335, provides career technical education or K-12 career and vocational/technical education postsecondary options to pupils in a district. See Montana Code 20-1-101
• Charter contract: means a fixed-term, renewable contract between a governing board of a public charter school and the board of public education that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Montana Code 20-6-803
• Charter contract: means a fixed-term, renewable contract between a community choice school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Montana Code 20-11-103
• choice school: means a public school that:

  (a)has autonomy over decisions, including but not limited to matters concerning finance, board governance, personnel, scheduling, curriculum, and instruction;

  (b)is governed by a governing board;

  (c)is established and operated under the terms of a charter contract between the school's governing board and its authorizer;

  (d)is a school in which parents choose to enroll their children;

  (e)is a school that admits students based on capacity and then on the basis of a lottery if more students apply for admission than can be accommodated;

  (f)provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;

  (g)operates in pursuit of a specific set of educational objectives as defined in its charter contract;

  (h)operates under the oversight of its authorizer in accordance with its charter contract; and

  (i)establishes graduation requirements and has authority to award degrees and issue diplomas. See Montana Code 20-11-103

• Commission: means the community choice school commission provided for in 20-11-106. See Montana Code 20-11-103
• Commissioner: means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506. See Montana Code 20-1-101
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• community college district: means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. See Montana Code 20-15-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contributing agencies: means the following state agencies that gather and maintain education and workforce data, serve on the board, and are subject to the policies developed by the board pursuant to 20-7-138:

  (a)the office of public instruction;

  (b)the office of the commissioner of higher education; and

  (c)the department of labor and industry. See Montana Code 20-7-137

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declaration of emergency: means a declaration by a board of trustees that an unforeseen emergency has occurred in the district. See Montana Code 20-9-802
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Direct state aid: means 44. See Montana Code 20-9-306
• 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: means a school district as defined in 20-6-101. See Montana Code 20-7-1503
• 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
• Domicile: means a person's true, fixed, and permanent home and place of habitation. See Montana Code 20-25-501
• Donor: The person who makes a gift.
• Dower: A widow
• Education data: means data collected or reported at the student level that is included in a student's educational record, including but not limited to:

  (a)career and college readiness indicators;

  (b)state and national assessment data;

  (c)course-taking and completion data in elementary, secondary, and postsecondary education;

  (d)elementary, secondary, and postsecondary grade point average data;

  (e)4-year, 5-year, and 6-year high school graduation rate data;

  (f)first to second year retainment data;

  (g)certificate, diploma, and degree attainment data;

  (h)college enrollment course-taking, credit, and contact hour accumulation data;

  (i)attendance and transferability data;

  (j)special education data;

  (k)remediation data; and

  (l)demographics data. See Montana Code 20-7-137

• Education service provider: means a for-profit education management organization, nonprofit education management organization, school design provider, or other partner entity with which a community choice school intends to contract for educational design, implementation, or comprehensive management. See Montana Code 20-11-103
• Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
• Eligible child: means a child who is determined through the evaluation methodology selected by the board of public education pursuant to 20-7-1803 to be below a trajectory leading to reading proficiency at the end of 3rd grade. See Montana Code 20-7-1802
• Eligible district: means a school district encompassing or adjacent to an Indian reservation or a school district that includes one or more schools with an Indian population of 10% or greater. See Montana Code 20-7-1403
• Eligible postsecondary institution: means an accredited postsecondary institution located in Montana. See Montana Code 20-7-1703
• Eligible transportee: means a public school pupil who:

  (a)is 5 years of age or older and has not reached the age of 21 on or before September 10 of the current school year or who is a preschool child with a disability between the ages of 3 and 6;

  (b)is a resident of the state of Montana;

  (c)regardless of district and county boundaries:

  (i)resides at least 3 miles, over the shortest practical route, from the nearest operating public elementary school or public high school, whichever the case may be; or

  (ii)has transportation identified as a related service in an individualized education program as developed and implemented in accordance with the Individuals With Disabilities Education Act, 20 U. See Montana Code 20-10-101

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ESA student amount: means the sum of:

  (a)the data-for-achievement payment rate under 20-9-306;

  (b)the Indian education for all payment rate under 20-9-306;

  (c)the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and

  (d)the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1. See Montana Code 20-7-1703

• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evaluation methodology: means a research-based methodology, instrument, or assessment selected by the board of public education to determine, based on a child's age or grade level, whether the child is above, at, or below a developmental trajectory leading to reading proficiency on completion of 3rd grade. See Montana Code 20-7-1802
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• federal impact aid basic support payment: means the annual impact aid revenue received by a district under 20 U. See Montana Code 20-9-406
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
• fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
• General obligation bonds: means bonds that pledge the full faith and credit and the taxing power of a school district. See Montana Code 20-9-408
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gifted and talented children: means children of outstanding abilities who are capable of high performance and require differentiated educational programs beyond those normally offered in public schools in order to fully achieve their potential contribution to self and society. See Montana Code 20-7-901
• Governing board: means the elected board of trustees of a public charter school district exercising supervision and control over a charter school or the local school board that is a party to the charter contract with the board of public education and that exercises supervision and control over a charter school pursuant to the charter contract. See Montana Code 20-6-803
• Governing board: means an independent volunteer board of trustees of a community choice school that is a party to the charter contract with the authorizer. See Montana Code 20-11-103
• 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.
• Immersion program: means a program of an eligible district in which:

  (a)all participating students receive content area instruction in an Indian language at least 50% of the day;

  (b)teachers are fully proficient in the languages they use for instruction; and

  (c)the goal of the program is perpetuating cultural integrity and promoting bilingualism and biliteracy. See Montana Code 20-7-1403

• Impact aid revenue bonds: means bonds that pledge and are payable solely from federal impact aid basic support payments received and deposited to the credit of the fund established in 20-9-514. See Montana Code 20-9-408
• Indian language: means any of the languages of a federally recognized Indian tribe in Montana. See Montana Code 20-7-1403
• Individual transportation: means transportation by which a district is relieved of actually conveying a pupil. See Montana Code 20-10-101
• Institution: means any public institution of postsecondary education governed, supervised, or coordinated by the board of regents of higher education. See Montana Code 20-25-701
• interest and income money: means the total of the following revenue, as provided for by Article X, section 5, of the 1972 Montana constitution:

  (a)95% of the interest received from the investment of the public school fund;

  (b)95% of the interest received from the investment of any other school funds held in trust by the state board of land commissioners;

  (c)95% of the income received from the leasing of or sale of timber from state school lands; and

  (d)95% of any other income derived from any other covenant affecting the use of state school lands. See Montana Code 20-9-341

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• intervention: means , as further described in 20-7-1803, any of the following:

  (a)a classroom-based program;

  (b)a home-based program; or

  (c)a jumpstart program. See Montana Code 20-7-1802

• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local school board: means a preexisting board of trustees exercising supervision and control of the schools and programs of a local school district pursuant to Article X, section 8, of the Montana constitution and the laws of the state of Montana. See Montana Code 20-6-803
• Local school board: means a traditional school district board of trustees exercising management and control over a traditional local school district pursuant to the laws of the state. See Montana Code 20-11-103
• Located school district: means the school district in which a proposed, preoperational, or operational public charter school is located and from which the separate boundaries of the charter school district are proposed to be formed. See Montana Code 20-6-803
• Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Maximum general fund budget: means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, the total quality educator payment, the total at-risk student payment, the total Indian education for all payment, the total American Indian achievement gap payment, the total data-for-achievement payment, and the greater of the district's special education allowable cost payment multiplied by:

  (a)175%; or

  (b)the ratio, expressed as a percentage, of the district's special education allowable cost expenditures to the district's special education allowable cost payment for the fiscal year that is 2 years previous, with a maximum allowable ratio of 200%. See Montana Code 20-9-306

• Minor: means a male or female, as defined in 1-1-201, person who has not obtained the age of 18 years. See Montana Code 20-25-501
• Minority leader: See Floor Leaders
• Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• nonbudgeted fund: means any fund for which a budget is not required in order to expend money on deposit in the fund. See Montana Code 20-9-201
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• 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.
• Offsite instructional setting: means an instructional setting that is an extension of a school of the district, located apart from the school, but within the boundaries of the district, where a school district provides in-person pupil instruction to a student who is enrolled in the district. See Montana Code 20-1-101
• Oil and natural gas revenue bonds: means bonds that pledge and are payable from a first lien on oil and natural gas production taxes received by a school district pursuant to 20-9-310. See Montana Code 20-9-408
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a parent, guardian, or other person or entity having legal custody of a child. See Montana Code 20-6-803
• Parent: means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. See Montana Code 20-7-1703
• Parent: means a parent, guardian, or other person or entity having legal custody of a child. See Montana Code 20-11-103
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Proficiency: means a measure of competence that is demonstrated through application in a performance assessment. See Montana Code 20-7-1601
• Proficiency-based learning: means an education system in which student progress is based on a student's demonstration of competence rather than on the basis of seat time or the age or grade level of the student. See Montana Code 20-7-1601
• Program: means the Montana special needs equal opportunity education savings account program established in 20-7-1702. See Montana Code 20-7-1703
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public charter school: means a public school that:

  (a)has autonomy over decisions including but not limited to matters concerning finance, personnel, scheduling, curriculum, and instruction as defined in a charter contract;

  (b)is governed by a local school board or, in the case of a governing board other than a local school board, by the governing board of the charter school district of which the charter school is a part;

  (c)is established and operated under the terms of a charter contract;

  (d)allows parents choose to enroll their children;

  (e)admits students on the basis of a lottery if more students apply for admission than can be accommodated;

  (f)provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;

  (g)operates in pursuit of a specific set of educational objectives as defined in its charter contract;

  (h)operates under the general supervision of the board of public education in accordance with its charter contract; and

  (i)if the school is a high school, establishes graduation requirements and has authority to award degrees and issue diplomas. See Montana Code 20-6-803

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Pupil instruction: means the conduct of organized learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. See Montana Code 20-1-101
• Qualified person: means a person legally qualified to determine the person's own domicile. See Montana Code 20-25-501
• Qualified school: means a nonpublic school serving any combination of grades kindergarten through 12 that:

  (a)is in compliance with applicable local health and safety regulations;

  (b)holds a valid occupancy permit, if required by the municipality;

  (c)does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307;

  (d)requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U. See Montana Code 20-7-1703

• Qualified student: means a resident of the state who:

  (a)in the current school year:

  (i)is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U. See Montana Code 20-7-1703

• Qualifying pupil: means a pupil, as defined in 20-1-101, that is enrolled and admitted by a district qualified for advanced opportunity aid under 20-7-1506(3) who is in grades 6 through 12. See Montana Code 20-7-1503
• Quorum: The number of legislators that must be present to do business.
• Reasonable effort: means the rescheduling or extension of the school district's instructional calendar to make up at least 75% of the hours of pupil instruction lost due to an unforeseen emergency through any combination of the following:

  (a)extending the school year beyond the last scheduled day;

  (b)the use of scheduled vacation days in the district's adopted school calendar pursuant to 20-1-302;

  (c)the conduct of pupil instruction on Saturdays as provided in 20-1-303; or

  (d)extending instructional hours during the school day as provided in 20-1-302. See Montana Code 20-9-802

• Recess: A temporary interruption of the legislative business.
• Regents: means the board of regents of higher education. See Montana Code 20-1-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remote instruction: means pupil instruction that occurs through virtual learning processes incorporating distance and online learning methods that best prepare pupils to meet desired learning outcomes as authorized in 20-7-118. See Montana Code 20-1-101
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident school district: means the school district in which a student resides. See Montana Code 20-7-1703
• Resident school district: means the public school district in which a student resides. See Montana Code 20-11-103
• Resident student: means :

  (i)a student who has been domiciled in Montana for 1 year immediately preceding registration at any unit for any term or session for which resident classification is claimed. See Montana Code 20-25-501

• 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 bus: means , except as provided in subsection (5)(b), any motor vehicle that complies with the bus standards established by the board of public education as verified by the department of justice's semiannual inspection of school buses and the superintendent of public instruction and:

  (i)is owned by a district or other public agency and operated for the transportation of pupils to or from school or owned by a carrier under contract with a district or public agency to provide transportation of pupils to or from school; or

  (ii)is district-owned, is designed to carry 10 or fewer passengers, has an overall safety rating of five stars from the national highway traffic safety administration at the time of purchase, and is insured in accordance with minimum coverage requirements set forth in 20-10-109. See Montana Code 20-10-101

• School day: means the school day set by the trustees as provided in 20-1-302. See Montana Code 20-9-802
• School election: means a regular school election or any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title. See Montana Code 20-1-101
• School facility entitlement: means :

  (a)$300 per ANB for an elementary school district;

  (b)$450 per ANB for a high school district; or

  (c)$370 per ANB for an approved and accredited junior high school or middle school. See Montana Code 20-9-370

• School food services: means a service of providing food for the pupils of a district on a nonprofit basis and includes any food service financially assisted through funds or commodities provided by the United States government. See Montana Code 20-1-101
• 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
• Serial bonds: means a bond issue payable in annual installments of principal commencing not more than 2 years from the date of issue, any one installment consisting of one or more bonds, with the principal amount of bonds maturing or subject to mandatory sinking fund redemption in each installment, commencing with the installment payable in the fourth year after the date of issue, not exceeding three times the principal amount of the bonds payable in the immediately preceding installment. See Montana Code 20-9-408
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• 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
• state equalization aid: means revenue as required in this section for distribution to the public schools for guaranteed tax base aid, BASE aid, and state debt service assistance. See Montana Code 20-9-343
• State reimbursement for school facilities: means the amount of state equalization aid distributed to a district that:

  (a)has a district mill value per ANB that is less than the corresponding facility guaranteed mill value per ANB; and

  (b)has a debt service obligation in the ensuing school year on bonds. See Montana Code 20-9-370

• State university: means Montana state university-Bozeman. See Montana Code 20-1-101
• Student: means a child who is eligible for attendance in a public school in the state. See Montana Code 20-6-803
• Student: means a child who is eligible for attendance in a public school in the state. See Montana Code 20-11-103
• Student: means any Montana resident, as established by the board of regents of higher education, who has met the qualifications for enrollment as a full-time student at an institution or who is presently enrolled as a full-time student in good standing, as determined by the institution. See Montana Code 20-25-701
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• 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
• System: means the Montana university system. See Montana Code 20-1-101
• 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
• Teacher of traffic education: means an instructor approved by the superintendent of public instruction to teach traffic education. See Montana Code 20-7-501
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Textbook: means a book, digital resource, or manual used as a principal source of study material for a given class or group of students. See Montana Code 20-1-101
• Textbook dealer: means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state. See Montana Code 20-1-101
• Total at-risk student payment: means the payment resulting from the distribution of any funds appropriated for the purposes of 20-9-328. See Montana Code 20-9-306
• Total data-for-achievement payment: means the payment provided in 20-9-325 resulting from multiplying $22. See Montana Code 20-9-306
• Total quality educator payment: means the payment resulting from multiplying $3,566 for fiscal year 2024 and $3,673 for each succeeding fiscal year by the sum of:

  (a)the number of full-time equivalent educators as provided in 20-9-327; and

  (b)as provided in 20-9-324, for a school district meeting the legislative goal for competitive base pay of teachers, the number of full-time equivalent teachers that were in the first 3 years of the teacher's teaching career in the previous year. See Montana Code 20-9-306

• Total school facility entitlement: means the school facility entitlement times the total ANB for the district. See Montana Code 20-9-370
• Total special education allocation: means the state payment distributed pursuant to 20-9-321 that is the greater of the amount resulting from multiplying $293. See Montana Code 20-9-306
• Traditional public school: means a traditional public school that is under the direct management, governance, and control of a local school board or the state. See Montana Code 20-11-103
• Traffic education: means instruction in motor vehicle, bicycle, pedestrian, and school bus traffic laws or motorcycle laws, in the acceptance of personal responsibility on the public highways, in the causes and consequences of traffic accidents, and in the skills necessary for the safe operation of bicycles and motor vehicles or motorcycles. See Montana Code 20-7-501
• Traffic education account: means the state treasury account in the state special revenue fund for the deposit and disbursement of state traffic education revenue. See Montana Code 20-7-501
• Traffic education course: means a course of traffic education that has been approved by the superintendent of public instruction. See Montana Code 20-7-501
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transportation: means :

  (a)a district's conveyance of a pupil by a school bus between the pupil's legal residence or an officially designated bus stop and the school designated by the trustees for the pupil's attendance; or

  (b)individual transportation. See Montana Code 20-10-101

• Transportation service area: means the geographic area of responsibility for school bus transportation for each district that operates a school bus transportation program. See Montana Code 20-10-101
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• 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
• Trustees: means the board of trustees of an elementary or K-12 school district. See Montana Code 20-7-1802
• Unforeseen emergency: means a fire, flood, explosion, storm, earthquake, riot, insurrection, community disaster, or act of God or a combination of the foregoing that acts as a principal cause for a school district's inability to conduct a portion of the minimum aggregate hours of instruction required by 20-1-301. See Montana Code 20-9-802
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• University: means the university of Montana-Missoula. See Montana Code 20-1-101
• Usual: means according to usage. See Montana Code 1-1-206
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Virtual community choice school: means a community choice school headquartered in Montana that offers educational services predominantly through an online program. See Montana Code 20-11-103
• Vocational-technical education: means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents. See Montana Code 20-1-101
• Workforce data: means data related to an individual's workforce outcomes, including but not limited to, an individual's:

  (a)labor and workforce training program participation and completion information data;

  (b)wage information;

  (c)unemployment claim eligibility information;

  (d)employer information; and

  (e)demographics data. See Montana Code 20-7-137

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
• Writing: includes printing. See Montana Code 1-1-203