Montana Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
Compulsory attendance - Between 7 and 16 years of age.
20-5-102. Compulsory enrollment and
excuses.
(1) Except as provided in subsection (2), any parent, guardian,
or other person who is responsible for the care of any child
who is 7 years of age or older prior to the first day of school
in any school fiscal year shall cause the child to be instructed
in the program prescribed by the board of public education pursuant
to 20-7-111 until the later of the following dates:
- (a) the child's 16th birthday;
- (b) the date of completion of the work of the 8th grade.
(2) A parent, guardian, or other person shall enroll the child
in the school assigned by the trustees of the district within
the first week of the school term or when he establishes residence
in the district unless the child is:
- (a) enrolled in a school of another district or state under
any of the tuition provisions of this title;
- (b) provided with supervised correspondence study or supervised
home study under the transportation provisions of this title;
- (c) excused from compulsory school attendance upon a determination
by a district judge that attendance is not in the best interest
of the child;
- (d) excused by the board of trustees upon a determination
that attendance by a child who has attained the age of 16 is
not in the best interest of the child and the school; or
- (e) enrolled in a nonpublic or home school that complies
with the provisions of 20-5-109 . For the purposes of this subsection
(e), a home school is the instruction by a parent of his child,
stepchild, or ward in his residence and a nonpublic school includes
a parochial, church, religious, or private school.
Administrative Rules: ARM 10.16.804 Compulsory attendance
applicable to handicapped. Title 10, chapter 65, subchapter 3,
ARM Compulsory school attendance.
20-5-103. Compulsory attendance and excuses.
(1) Except as provided in subsection (2), any parent, guardian,
or other person who is responsible for the care of any child
who is 7 years of age or older prior to the first day of school
in any school fiscal year shall cause the child to attend the
school in which he is enrolled for the school term and each school
day therein prescribed by the trustees of the district until
the later of the following dates:
- (a) the child's 16th birthday;
- (b) the date of completion of the work of the 8th grade.
(2) The provisions of subsection (1) do not apply in the following
cases:
- (a) The child has been excused under one of the conditions
specified in 20-5-102.
- (b) The child is absent because of illness, bereavement,
or other reason prescribed by the policies of the trustees.
- (c) The child has been suspended or expelled under the provisions
of 20-5-202 .
20-5-104. Attendance officer.
In order to enforce the compulsory attendance provisions of
this title, each district shall have at least one person serving
as an attendance officer according to the following requirements:
(1) districts of the first and second class shall employ and
appoint one or more attendance officers;
(2) districts of the third class may employ and appoint an
attendance officer or may appoint a constable or other peace
officer as an attendance officer; or
(3) the county superintendent shall be the attendance officer
in third-class districts that do not appoint an attendance officer.
20-5-109. Nonpublic school requirements for compulsory
enrollment exemption.
To qualify its students for exemption from compulsory enrollment
under 20-5-102 , a nonpublic or home school shall:
(1) maintain records on pupil attendance and disease immunization
and make the records available to the county superintendent of
schools on request;
(2) shall provide at least the minimum aggregate hours
of public instruction in accordance with 20-1-301 and 20-1-302
[New July 1, 2005]
(3) 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 20-7-111 ; and
(5) in the case of home schools, 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.
Administrative Rules: ARM 10.55.402 and 10.55.403 Basic instructional
programs. Title 10, chapter 65, subchapter 3, ARM Compulsory
school attendance -- qualifying nonpublic school procedures.
20-5-110. School district assessment for placement
of a child who enrolls from a nonaccredited, nonpublic school.
The trustees of a school district shall:
(1) adopt a district policy on assessment for placement of
any child who enrolls in a school of the district and whose previous
place of instruction was a nonpublic school that is not accredited;
(2) include in the adopted policy the following provisions:
- (a) the specific assessment for placement to be administered
to any child subject to the provisions of subsection (1);
- (b) a procedure for grade and program placement of the child
based on results of the assessment for placement, including considerations
for the age and identified abilities of the child; and
- (c) a hearing process before the board of trustees of the
district if the parent or guardian of a child is not in agreement
with the placement of the child and requests a hearing before
the board; and
(3) administer the adopted policy required in subsection (1)
in a uniform and fair manner.
20-5-111. Responsibilities and rights of parent who
provides home school -- rights of child in home school.
Subject to the provisions of 20-5-109 , a parent has the authority
to instruct his 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.
20-1-301. School fiscal year.
(1) The school fiscal year begins on July 1 and ends on June
30. At least the minimum aggregate hours defined in subsection
(2) must be conducted during each school fiscal year, except
that 1,050 aggregate hours of pupil instruction for graduating
seniors may be sufficient or a minimum of 360 aggregate hours
of pupil instruction must be conducted for a kindergarten program,
as provided in 20-7-117.
(2) The minimum aggregate hours required by grade
are:
- (a) 720 hours for grades 1 through 3; and
- (b) 1,080 hours for grades 4 through 12.
(3) For any elementary or high school district
that fails to provide for at least the minimum aggregate hours,
as listed in subsections (1) and (2), the superintendent of public
instruction shall reduce the direct state aid for the district
for that school year by 1/90th for each school day less than
180 school days as calculated in subsection (3) or by two times
an hourly rate, as calculated by the office of public instruction,
for the aggregate hours missed."
Montana's Homeschool
Law
From MCHE. For your information only. Not legal advice.
SB170 - Flexibility
in School Calendar and PIRD
July 1, 2005. A new law has been added to Montana's statutes
that will affect home schools in Montana. Intended to modify
Montana education laws to provide greater flexibility for public
school districts in setting their annual attendance calendars,
SB170 also includes significant changes to non-public schools
- as referenced here.
Return to Montana homeschooling
information.
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