Montana State Regulation of Private and Home Schools

Information last updated: September 20, 2016

Education

Compulsory Education

Per the compulsory education law, a child between seven and 16 must be enrolled in a public school or a nonpublic or home school that complies with the provisions of Montana Code Annotated (Mont. Code Ann.) §20-5-109. Mont. Code Ann. §20-5-102.

Definitions

Elementary School: not defined
Secondary School: not defined
Nonpublic School: A nonpublic school that qualifies a student for exemption from public school attendance must maintain attendance and immunization records, provide the required instruction hours of Mont. Code Ann. §§20-1-301 and 20-1-302, have a building that complies with applicable local health and safety regulations; and provide an organized course of study that includes instruction in the subjects required of public schools per Mont. Code Ann. §20-7-111. Mont. Code Ann. §20-5-209.

Private Schools

Accreditation, Registration, Licensing, and Approval

Accreditation: optional
- Nonpublic schools may be accredited upon request to the superintendent of public instruction in the same manner as public schools. Mont. Code Ann. §20-7-102.
- The three categories of accreditation are: regular accreditation, accreditation with advice, and deficiency accreditation. “Nonaccredited status means that a school on deficiency status fails to meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.” Administrative Rules of Montana 10.55.605, established by the Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.
Registration: no requirements
Licensing: no requirements
Approval: no requirements

Teacher Certification

A Montana educator license is required for all teachers working in an accredited Montana school. Administrative Rules of Montana 10.55.605, established by the Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.

Length of School Year and Days

Attendance at a nonpublic school exempts a student from public education if the nonpublic school provides at least the minimum aggregate hours of pupil instruction in accordance with Mont. Code Ann Minimum aggregate hours are defined as for: half day kindergarten – 360 hours, full day kindergarten and grade 1 through 3 – 720 hours, and grades 4 – 12 – 1,080 hours. §§20-1-301 and 20-1-302. Mont. Code Ann. §20-5-109(2).

Curriculum

Attendance at a nonpublic school exempts a student from public education if the nonpublic school provides "an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111”. Mont. Code Ann. §20-5-109(4).
Accredited schools must comply with specified class size requirements in accordance with Administrative Rules of Montana 10.55.712, established by the Montana Board of Public Education as authorized by Mont. Code Ann.§20-7-101.
Accredited schools must meet the Content and Performance Standards in the Administrative Rules of Montana 10.54.2501, established by the Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.
Private accredited schools' curricula must be reviewed every five years at the local level in accordance with the Administrative Rules of Montana 10.55.603(4)(b).
"The content and performance standards shall be used by school districts to develop local curriculum and assessment in all the content areas including: communication arts (reading, literature, writing, speaking and listening, and media literacy); arts; health enhancement; library media; mathematics; science; social studies; technology; world languages; workplace competencies; and career and vocational/technical education. The K-12 content standards describe what students shall know, understand and be able to do in these content areas. Progress toward meeting these standards is measured at three points along that continuum: the end of grade 4, the end of grade 8, and upon graduation. Performance standards define the quality of student performance and describe the performance to be demonstrated. Performance level descriptions provide a picture or profile of student achievement at the four performance levels: advanced, proficient, nearing proficiency, and novice." Administrative Rules of Montana 10.54.2501(1).

Recordkeeping and Reports

To qualify its students for exemption from compulsory enrollment under §20-5-102, a nonpublic or home school shall maintain records on pupil attendance and disease immunization and make the records available to the county superintendent on request. Mont. Code Ann. §20-5-109(1).
Each accredited school must keep, in secure storage, a permanent record for each student. This file must include: "(a) the name and address of the student; (b) his/her parent or guardian; (c) birth date; (d) academic work completed; (e) level of achievement (grades, standardized achievement tests); (f) immunization records as per §20-5-406, MCA; (g) attendance data; and (h) the statewide student identifier assigned by the Office of Public Instruction." Administrative Rules of Montana 10.55.909, established by Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.
If a school closes, all inactive permanent records are to be sent to the local county superintendent. Administrative Rules of Montana 10.55.909, established by Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.

Health and Safety Requirements

The governing authority of any school may not allow any person to attend unless the person has been immunized (see Montana Code for specific immunizations required) and qualifies for conditional attendance because he has begun the immunization process, or files for an exemption. If a student transfers to another school district, the sending school must forward the original immunization records to the new school district. Mont. Code Ann. §20-5-403.
Students are exempt from immunization requirements if they file a notarized affidavit claiming a religious exemption or a written statement by a physician that immunization is unsafe on medical grounds. The statements must be maintained in the student's immunization records. Mont. Code Ann. §20-5-405.
The Department of Public Health and Human services is responsible for making public health inspections of schoolhouses. Mont. Code Ann. §50-1-203.
Attendance at a nonpublic school exempts a student from public education if the nonpublic school is housed in a building that complies with applicable local health and safety regulations. Mont. Code Ann. §20-5-109(3).
Private school buildings used for housing or instructing students may not be built, enlarged, or remodeled until the plans have been approved by the department of labor and industry or a municipality or county with a building code. Mont. Code Ann. §20-6-622.
Schools must conduct at least eight disaster drills each year, held at various points of the day and evening with four of the eight drill be fire exist drills "A board of trustees shall identify local hazards that exist within the boundaries of its school district and design drills to address those hazards." "The recall signal must be separate and distinct from any other signal." Mont. Code Ann. §§20-1-401, §20-1-402 and §20-1-404.
The sale of dangerous drugs on or within 1,000 feet of a private elementary or secondary school is a criminal offense under Montana's criminal code. Mont. Code Ann. §45-9-109.

Transportation

Nonpublic school students may ride a public school bus if there is seating capacity available and the child secures a permit from the local school district. The school district may charge the child his or her proportionate share of the cost of operating the school bus. Mont. Code Ann. §20-10-123.
School children traveling to and from parochial schools may receive free transportation or reduced rates from common carriers. Mont. Code Ann. §69-11-208(1)(o).

Textbooks

No state policy currently exists.

Testing

All accredited schools must annually administer state-level assessments approved by the state board. Each spring the office of public instruction will identify a testing period when students must participate in state level assessments. Two implementation phases shall be followed. “Phase 2 - beginning in school year 2014-2015, the assessments shall be: (A) aligned to Montana common core standards; (B) administered to grades 3-8 and 11 in math and English language arts; and (C) aligned to Montana content standards for science and administered in grades 4, 8, and 10.” Mid-school year assessments will be administered to all students identified as Limited English Proficient (LEP) in grades K-12. All results of the state-level assessments must be provided to the office of public instruction and school districts in a format specified by the office of public instruction and approved by the board of public education. Administrative Rules of Montana 10.56.101.

Special Education

To the maximum extent possible, children with disabilities in private institutions must be educated with children who do not have disabilities. Mont. Code Ann. §20-7-411.

Nursing and Health

No state policy currently exists.

Technology

No state policy currently exists.

Professional Development

Teachers and specialists serving accredited schools must annually complete a minimum of three pupil instruction related (PIR) days of professional development. Administrative Rules of Montana 10.55.714 (2), established by Montana Board of Public Education as authorized by Mont. Code Ann. §20-7-101.

Reimbursement for Performing State and Local Functions

No state policy currently exists.

Tax Exemption

The Montana Constitution permits the Legislature to exempt from property taxes any property used exclusively for educational purposes. Mont. Const., art. 8, § 5(b).

Public Aid for Private Education

Constitutional Provisions: The Montana Constitution prohibits public aid to schools controlled in whole or in part by any church, sect, or denomination. This provision does not apply to federal sources of income for nonpublic education. Mont. Const., art. X, § 6. The constitution prohibits appropriations for educational purposes to private associations or corporations not under control of the state. Mont. Const., art. V, § 11, cl. 5. The Montana Supreme Court has interpreted the state constitution to prohibit school boards from employing teachers to teach secular subjects in parochial schools. State ex rel. Chambers v. School District, 155 Mont. 422, 472 P.2d 1013 (1970).
Programs for Financial Assistance for Attendance at Private Schools: In 2016, Montana enacted a tax credit scholarship program. Any Montana student who is between five and 18 years by September 10th of the year of the scholarship receipt is eligible to receive a scholarship that can be used for nonpublic school tuition. The scholarship cannot be more than 50 percent of the current per-pupil spending. An eligible nonpublic school must be: 1. either accredited, in the process of accreditation, or is not accredited and has informed the scholarship student’s parents/guardians at the time of enrollment that the school is not seeking accreditation; 2. administers a nationally recognized standardized test and share the results with the student’s parents/guardians; 3. Administers a national normed standardized test to all 8^th and 11^th grade students and shares the results on a “publicly accessible private website or provides the composite results of the test to the office of public instruction for posting on its website”; and 4. satisfies the health and safety requirements of Montana. An individual or shareholders, owners, or partners of a business may receive a tax credit up to $150 for the donation to the scholarship organization. Mont. Code Ann. §15-30-3101 et seq.

Home Schools

Home Education Programs

Montana compulsory enrollment law is met if a parent or guardian has his or her child enrolled in a home school that complies with the provisions of Mont. Code Ann. §20-5-109. Mont. Code Ann. §20-5-102.

Initial and Renewal Applications

A home school must (1) maintain and make available upon request to the county superintendent attendance and disease immunization records; (2) meet the minimum aggregate hours of instruction in accordance with Mont. Code Ann. §20-1-301 and Mont. Code Ann.§20-1-302; (3) must be housed in a building that complies with applicable local health and safety regulations; (4) "provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to Mont. Code Ann. §20-7-111"; and (5) "notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school." Mont. Code Ann. §20-5-109.

Curriculum and Instruction

"Subject to the provisions of Mont. Code Ann. §20-5-109, a parent has the authority to instruct the parent’s child, stepchild, or ward in a home school and is solely responsible for: (1) the educational philosophy of the home school; (2) the selection of instructional materials, curriculum, and textbooks; (3) the time, place, and method of instruction; and (4) the evaluation of the home school instruction." Mont. Code Ann. §20-5-111.
Students must be given a study course that involves instruction in the subjects required of public schools as defined in Mont. Code Ann. §20-7-111. Mont. Code Ann. §20-5-109.

Assessment and Diplomas

No state policy currently exists.

Special Education

No state policy currently exists.

Public School Access

Nonpublic students may not participate in public school district sports programs based on district policy. The Supreme Court of Montana ruled in favor of districts limiting participation to public school students when the primary interest of the district is to focus on developing the full academic potential in each student rather than permitting any student to play sports. Kaptein v. Conrad School District, 931 P.2d 1311 (Mont. 1997).

Web Resources

Information and Legislative

Contact Information – State and Federal Departments of Education

Montana Office of Public Instruction
P.O. Box 202501
Helena, MT 59620-2501
Phone: 406-444-3680
Website: http://www.opi.mt.gov/
U.S. Department of Education: Montana