Montana Administrative Code

10.22.103 RESERVE LIMITS The amount of general fund end-of-year balance designated as operating reserve may not exceed 10% of the adopted general fund budget for the ensuing school fiscal year or $10,000, whichever is greater. The amount earmarked as reserves can exceed the limit…

10.22.104 UNRESERVED FUND BALANCE REAPPROPRIATED Any unreserved general fund end-of-the-year balance must be reappropriated, up to an amount not exceeding 15% of a school district's maximum general fund budget, to be used for property tax reduction, in accordance with 20-9-308 an…

10.22.105 OVEREXPENDED BUDGETS Section 20-9-133 , MCA, limits the trustees, all officers and employees of a district from making expenditures or incurring liabilities that will cause budgeted funds, as identified in 20-9-201 , MCA, to be overexpended. The exception is for the deb…

10.22.106 PETITION TO INCREASE A DISTRICT'S GENERAL FUND BASE FOR THE PURPOSE OF CALCULATING THE GENERAL FUND BUDGET LIMITATION (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-147, MCA History: NEW, 1992 MAR p. 219, Eff. 2/14/92; REP, 1994 MAR p. 18…

10.22.107 PETITION TO APPROPRIATE REVENUE TO FUND A PRIOR YEAR BUDGET AMENDMENT (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-147, 20-9-161, 20-9-168, 20-9-308, 20-9-315, 20-9-353, MCA History: NEW, 1992 MAR p. 219, Eff. 2/14/92; AMD, 1994 MAR p. …

10.22.201 AUTHORIZATION FOR BUDGET AMENDMENT ADOPTION Section 20-9-161 , MCA, authorizes the trustees of a school district to amend an adopted budget of the district for the reasons provided in 20-9-161 (1) through (6) , MCA. Whenever the trustees of a district decide that a budg…

10.22.202 PETITION TO SUPERINTENDENT OF PUBLIC INSTRUCTION (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-163, MCA History: NEW, 1992 MAR p. 222, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; REP, 1996 MAR p. 2168, Eff. 8/9/96.

10.22.203 RESOLUTION FOR A BUDGET AMENDMENT (REPEALED) Authorizing statute(s): 20-9-102, 20-9-163, MCA Implementing statute(s): 20-9-163, MCA History: NEW, 1992 MAR p. 222, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.22.204 BUDGET AMENDMENT LIMITATION When the budget amendment is for increased enrollment, the maximum amount of the budget amendment for each fund affected must be determined as follows: Determine the final budget for the current school fiscal year of each fund affected by the…

10.22.205 BUDGET AMENDMENT PREPARATION AND ADOPTION The adopted budget amendment must be signed by the presiding officer of the trustees and the clerk of the district. Copies must be sent to the county superintendent and the Superintendent of Public Instruction within 30 days aft…

10.22.206 STATE FINANCIAL AID FOR BUDGET AMENDMENTS (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-165, MCA History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; REP, 1996 MAR p. 2168, Eff. 8/9/96.

10.23.101 DEFINITIONS (REPEALED) Authorizing statute(s): 20-9-102 Implementing statute(s): 20-9-145, 20-9-353, MCA History: NEW, 1990 MAR p. 510, Eff. 3/16/90; AMD, 1990 MAR p. 2277, Eff. 12/28/90; AMD, 1992 MAR p. 224, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.23.101A BUDGET UNIT (TRANSFERRED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-311, 20-9-313, 20-9-314, MCA History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; TRANS & AMD, 1996 MAR p. 2168, Eff. 8/9/96.

10.23.102 FUNDING THE BASE BUDGET LEVY The BASE budget is funded by: guaranteed tax base aid for eligible districts, as provided in 20-9-368, MCA; property tax revenue generated by the BASE budget levy and the levy in support of a school not approved as an isolated school under t…

10.23.102A FUNDING FOR OVER-BASE BUDGET The over-BASE budget is funded by: any amount of reappropriated fund balance and nonlevy revenue remaining after the BASE budget is funded; estimated tuition receipts not used to fund the BASE budget; excess general fund reserves establishe…

10.23.103 VOTED AMOUNT If adopting a general fund budget that is less than or equal to the ensuing year's maximum general fund budget and is within limits of 20-9-308, MCA, the trustees of a district must obtain voter approval for any dollar increase in the over-BASE levy budgete…

10.23.104 RETIREMENT LEVIES Net county retirement levy requirement for elementary and high school retirement funds is defined in ARM 10.15.101. To determine the retirement mills needed, the net county retirement levy requirement for each fund is divided by: the sum of the county'…

10.23.105 EXEMPTION FROM I-105 (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 15-10-412, MCA History: NEW, 1990 MAR p. 510, Eff. 3/16/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94; REP, 2000 MAR p. 632, Eff. 2/25/00.

10.23.106 STATE EQUALIZATION LEVY (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-360, MCA History: NEW, 1990 MAR p. 510, Eff. 3/16/90; REP, 1996 MAR p. 2168, Eff. 8/9/96.

10.23.107 BASIC EQUALIZATION LEVY SHORTFALL (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-331, 20-9-333, MCA History: NEW, 1990 MAR p. 510, Eff. 3/16/90; AMD, 1992 MAR p. 224, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; REP, 2002 MAR p. 1740…

10.23.108 ANB AND BASIC ENTITLEMENT CALCULATIONS IN ANNEXATIONS AND CONSOLIDATIONS In accordance with 20-9-311 (8) , MCA, for purposes of calculating the per-ANB and basic entitlement for the first three years that a school district continues after a consolidation or annexation t…

10.30.101 APPLICATION INFORMATION The trustees of a district applying to have a school classified as an isolated school shall provide information as requested by the Superintendent of Public Instruction. Isolation status shall be approved for a period of three consecutive school …

10.30.102 APPROVAL CRITERIA Trustees must submit the application for isolation status as required by 20-9-302 , MCA, to the county superintendent by May 1 of the second consecutive year in which the average adjusted enrollment as calculated in ARM 10.20.102(15) results in ANB of …

10.30.201 APPROVAL CRITERIA--MIDDLE SCHOOL In considering a request for approval to open a middle school, the Superintendent of Public Instruction shall utilize the criteria set forth below: the program must comprise the work of grades 4 through 8 or any combination thereof, as d…

10.30.301 APPROVAL CRITERIA--JUNIOR HIGH SCHOOL In considering a request for approval to open a junior high school, the Superintendent of Public Instruction will utilize the criteria set forth below: the program will comprise the work of grades 7 through 9 or their equivalents, a…

10.30.401 DEFINITIONS (REPEALED) Authorizing statute(s): 20-3-106, MCA Implementing statute(s): 20-6-701, MCA History: NEW, 1992 MAR p. 226, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.30.402 CREATION OF K-12 DISTRICTS A request to the county superintendent or, if the districts involved are joint districts, to the county superintendent of the located district to order the attachment of an elementary district and a high school district with the same boundarie…

10.30.403 TRANSITION TO K-12 DISTRICTS When an attachment order has been communicated to the Board of County Commissioners pursuant to 20-6-701, MCA: The Board of County Commissioners and the Board of Trustees of the elementary district will proceed to prepare all instruments nec…

10.30.404 DISTRICT EQUALIZATION FUNDING State equalization funding for the K-12 district will be determined in the following manner: The direct state aid payments will be distributed to the K-12 district based on calculations pursuant to 20-9-306 , MCA, determined by grade level …

10.30.405 K-12 DISTRICT ISSUANCE OF BONDS (REPEALED) Authorizing statute(s): 20-3-106, MCA Implementing statute(s): 20-9-406, MCA History: NEW, 1992 MAR p. 226, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2010 MAR p. 1990, Eff. 9/10/10; REP, 2016 MAR p. 880, Eff. 5/21/…

10.30.406 EXCEPTIONS TO HIGH SCHOOL PROVISIONS The K-12 school district is subject to the provisions of law for high school districts except for those situations set out in Title 20, chapter 6, MCA, and this title. The retirement fund of a K-12 district will be a high school reti…

10.30.407 DISSOLUTION OF K-12 DISTRICTS (REPEALED) Authorizing statute(s): 20-3-106, MCA Implementing statute(s): 20-6-712, MCA History: NEW, 1992 MAR p. 226, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.30.415 DISSOLUTION OF K-12 DISTRICTS If a K-12 district has voted to dissolve in order to consolidate with one or more K-12 or non-K-12 districts or if the trustees of the district have passed a resolution to dissolve the K-12 district under the exception provided in 20-6-704 …

10.40.101 DEFINITIONS For the purpose of implementing the provisions of 20-3-323(1)(d), MCA, the following definitions apply: “Contact" means any direct, personal interaction that involves communication or engagement of any kind between an adult and a student. "In school” means p…

10.40.102 REQUIREMENT FOR STUDENT PROTECTION POLICY A student protection policy adopted pursuant to 20-3-323, MCA, must ensure that students do not have unsupervised contact with an adult who has not undergone a fingerprint-based national criminal history background check that co…

10.41.101 DEFINITIONS Terms used in reference to career and vocational/technical education are defined as follows: "Additional costs" are those costs which exceed the average costs of classroom courses and include the following: career and vocational/technical education teacher s…

10.41.102 STATE PLAN There shall be a state plan for career and vocational/technical education in Montana. The superintendent of public instruction shall be the governing agent to disburse federal and state K-12 career and vocational/technical education funds and to plan, coordin…

10.41.103 STATE DIRECTOR OF K-12 CAREER AND VOCATIONAL/ TECHNICAL EDUCATION SERVICES The state director of K-12 career and vocational/technical education services is the appointed state administrator for career and vocational/ technical education. The state director of K-12 caree…

10.41.104 EMPLOYMENT OF STATE STAFF The state director of K-12 career and vocational/technical education shall employ, with the confirmation of the superintendent of public instruction, those staff positions required in 20-7-308, MCA. In addition, the state director may employ, u…

10.41.105 DUTIES OF STATE STAFF (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-302. 1, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; REP, 2002 MAR p. 780, Ef…

10.41.106 ACCOUNTABILITY The state director of K-12 career and vocational/technical education will determine that career and vocational/technical education activities within the state are being conducted according to federal and state rules and regulations. The state director of …

10.41.107 MONTANA COUNCIL ON VOCATIONAL EDUCATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-302. 1, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; REP, 2…

10.41.108 PUBLIC INFORMATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-302. 1, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; REP, 2002 MAR p. 780, Eff. …

10.41.109 EXECUTION OF LOCAL CAREER AND VOCATIONAL/ TECHNICAL EDUCATION PROGRAMS Instructors shall be certified in accordance with the board of public education requirements and endorsed in the program area for which they are making application. Approved career and vocational/tec…

10.41.110 CONSISTENCY IN POLICY AND PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-303, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; REP, 1993 MAR p. 296, Eff. 2/26/93.

10.41.111 ADMINISTRATION OF EMPLOYMENT AND TRAINING Employment and training funds distributed from the state treasury at the direction and discretion of the superintendent of public instruction for use by educational institutions shall be administered in cooperation with local ed…

10.41.112 RECRUITMENT, SELECTION, EMPLOYMENT AND ADVANCEMENT OF PERSONNEL (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-16-104, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; REP, 1993 MAR p. 296…

10.41.113 OCCUPATIONAL AND PROFESSIONAL CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-301, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; REP, 1984 MAR p. 818, Eff. 5/18/84; REP, 1993 MAR p. 296, Eff. 2/26/93.

10.41.114 DEVELOPMENT AND MAINTENANCE OF PERSONNEL COMPETENCIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-7-301, MCA Implementing statute(s): 20-7-302. 1, MCA History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; REP, 1993 MAR p. 296, Eff. 2…

10.41.115 APPROVAL OF PROGRAMS Secondary career and vocational/technical education programs must have approval of the superintendent of public instruction prior to receipt of funds. The state director of K-12 career and vocational/ technical education shall recommend to the super…