§ 20-1-101 — Definitions

20-1-101 . Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Accreditation standards" means the body of administrative rules governing standards such as:
(a) school leadership;
(b) educational opportunity;
(c) academic requirements;
(d) program area standards;
(e) content and performance standards;
(f) school facilities and records;
(g) student assessment; and
(h) general provisions.
(2) "Aggregate hours" means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled.
(3) "Agricultural experiment station" means the agricultural experiment station established at Montana state university-Bozeman.
(4) "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.
(5) "Average number belonging" or "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.
(6) "Board of public education" means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507 .
(7) "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 .
(8) "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.
(9) "Commissioner" means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506 .
(10) "County superintendent" means the county government official who is the school officer of the county.
(11) "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.
(12) (a) "Educational program" means a set of educational offerings designed to meet the program area standards contained in the accreditation standards.
(b) The term does not include an educational program or programs used in 20-4-121 and 20-25-803 .
(13) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:
(a) offer a sequence of courses that provide a pupil with the academic and technical knowledge and skills that the pupil needs to prepare for further education and for careers in the current or emerging employment sectors; and
(b) include competency-based applied learning through advanced opportunities, work-based learning partnerships, and other experiential learning opportunities that contribute to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.
(14) (a) "Minimum aggregate hours" means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between classes and includes time spent logging on and off when receiving remote instruction.
(b) The term does not include lunch time and periods of unstructured recess.
(15) "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. A district shall comply with any rules adopted by the board of public education that specify standards for the provision of educational services at an offsite instructional setting.
(16) "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. For the purposes of this title, any reference to a teacher must be construed as including a principal.
(17) "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. The eligibility of pupils and calculations for average number belonging are governed by 20-9-311 .
(18) "Pupil instruction" means the conduct of organized learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise fulfill their full educational potential.
(19) "Qualified and effective teacher or administrator" means an educator who is licensed and endorsed in the areas in which the educator teaches, specializes, or serves in an administrative capacity as established by the board of public education.
(20) "Regents" means the board of regents of higher education.
(21) "Regular school election" or "trustee election" means the election for school board members held on the day established in 20-20-105 (1).
(22) "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 .
(23) "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.
(24) "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.
(25) "School of the district" or "school in the district" means an accredited school operated by the district that is located within the boundaries of the district operating the school.
(26) "Special school election" means an election held on a day other than the day of the regular school election, primary election, or general election.
(27) "State board of education" means the board composed of the board of public education and the board of regents as specified in Article X, section 9, subsection (1), of the Montana constitution.
(28) "State university" means Montana state university-Bozeman.
(29) "Student with limited English proficiency" means any student:
(a) (i) who was not born in the United States or whose native language is a language other than English;
(ii) who is an American Indian and who comes from an environment in which a language other than English has had a significant impact on the individual's level of English proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment in which a language other than English is dominant; and
(b) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student:
(i) the ability to meet the state's proficiency assessments;
(ii) the ability to successfully achieve in classrooms in which the language of instruction is English; or
(iii) the opportunity to participate fully in society.
(30) "Superintendent of public instruction" means that state government official designated as a member of the executive branch by the Montana constitution.
(31) "System" means the Montana university system.
(32) "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. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111 .
(33) "Textbook" means a book, digital resource, or manual used as a principal source of study material for a given class or group of students.
(34) "Textbook dealer" means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state.
(35) "Trustees" means the governing board of a district.
(36) "University" means the university of Montana-Missoula.
(37) "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.

Legislative History

(1), (14), (17), (19), (24)En. 75-8402 by Sec. 2, Ch. 2, L. 1971; Sec. 75-8402, R.C.M. 1947; (2)En. 75-6902 by Sec. 252, Ch. 5, L. 1971; amd. Sec. 1, Ch. 345, L. 1973; amd. Sec. 1, Ch. 343, L. 1974; amd. Sec. 3, Ch. 352, L. 1974; amd. Sec. 1, Ch. 373, L. 1974; amd. Sec. 1, Ch. 132, L. 1975; Sec. 75-6902, R.C.M. 1947; (3) thru (5), (16)En. Sec. 1, Ch. 344, L. 1973; Sec. 75-5609, R.C.M. 1947; (6)En. 75-5801 by Sec. 19, Ch. 5, L. 1971; amd. Sec. 28, Ch. 100, L. 1973; Sec. 75-5801, R.C.M. 1947; (7), (11), (20)En. 75-6101 by Sec. 82, Ch. 5, L. 1971; Sec. 75-6101, R.C.M. 1947; (8) thru (10), (25)En. Sec. 404, Ch. 5, L. 1971; (amd. Sec. 4, Ch. 434, L. 1975 -- [unconstitutional, 167 M 261]; Sec. 4, Ch. 434, L. 1975 repealed by Sec. 1, Ch. 4, L. 1977); Sec. 75-7701, R.C.M. 1947; (12)En. 75-6301 by Sec. 114, Ch. 5, L. 1971; Sec. 75-6301, R.C.M. 1947; (13)En. 75-7401 by Sec. 365, Ch. 5, L. 1971; Sec. 75-7401, R.C.M. 1947; (15)En. 75-8001 by Sec. 442, Ch. 5, L. 1971; Sec. 75-8001, R.C.M. 1947; (18)En. 75-5701 by Sec. 10, Ch. 5, L. 1971; amd. Sec. 27, Ch. 100, L. 1973; Sec. 75-5701, R.C.M. 1947; (21), (22)En. 75-7601 by Sec. 393, Ch. 5, L. 1971; Sec. 75-7601, R.C.M. 1947; (23)En. 75-5901 by Sec. 30, Ch. 5, L. 1971; Sec. 75-5901, R.C.M. 1947; R.C.M. 1947, 75-5609, 75-5701, 75-5801, 75-5901(part), 75-6101, 75-6301, 75-6902(part), 75-7401, 75-7601, 75-7701, 75-8001, 75-8402; amd. Sec. 1, Ch. 334, L. 1979; amd. Sec. 1, Ch. 558, L. 1979; amd. Sec. 8, Ch. 598, L. 1979; amd. Sec. 1, Ch. 388, L. 1987; amd. Sec. 7, Ch. 658, L. 1987; amd. Sec. 11, Ch. 308, L. 1995; amd. Sec. 1, Ch. 133, L. 2001; amd. Sec. 2, Ch. 138, L. 2005; amd. Sec. 3, Ch. 208, L. 2005; amd. Sec. 1, Ch. 215, L. 2005; amd. Sec. 2, Ch. 570, L. 2005; amd. Sec. 198, Ch. 49, L. 2015; amd. Sec. 1, Ch. 16, L. 2019; amd. Sec. 1, Ch. 18, L. 2021; amd. Sec. 1, Ch. 247, L. 2021; amd. Sec. 1, Ch. 406, L. 2021; amd. Sec. 1, Ch. 580, L. 2023; amd. Sec. 2, Ch. 724, L. 2023.