SENATE BILL NO. 69
INTRODUCED BY S. STANG
BY REQUEST OF THE OFFICE OF PUBLIC INSTRUCTION
AN ACT GENERALLY REVISING LAWS RELATED TO PUBLIC ELEMENTARY AND SECONDARY SCHOOLS; REVISING THE DEFINITIONS RELATED TO SCHOOLS; CHANGING VARIOUS ANNUAL REPORTING DATE REQUIREMENTS FROM SEPTEMBER 1 TO THE SECOND MONDAY IN SEPTEMBER; REVISING THE REPORTING TIME REQUIREMENTS OF A DISTRICT SUPERINTENDENT OR COUNTY HIGH SCHOOL PRINCIPAL REGARDING PUPIL ATTENDANCE, ABSENCE, AND ENROLLMENT; AUTHORIZING TRUSTEES TO DEPOSIT PROCEEDS FROM INSURANCE SETTLEMENTS ON REAL OR PERSONAL PROPERTY INSURED BY THE DISTRICT INTO AN APPROPRIATE FUND; CLARIFYING THAT THE COUNTY OF RESIDENCY PAY COSTS OF TUITION AND TRANSPORTATION FOR A CHILD WITH DISABILITIES PLACED BY A STATE AGENCY IN AN OUT-OF-COUNTY SCHOOL; CLARIFYING CALCULATION OF AVERAGE NUMBER BELONGING PROVISIONS; ELIMINATING THE REQUIREMENT THAT TRUSTEES ESTABLISH OR CREDIT THE BUILDING FUND WHEN A DISTRICT RECEIVES AN INSURANCE SETTLEMENT FOR DESTROYED PROPERTY INSURED BY THE DISTRICT; UPDATING REFERENCES REGARDING SCHOOL TRANSPORTATION GROUPS; CLARIFYING INFORMATION THAT TRUSTEES MAY INCLUDE IN A TRANSPORTATION FUND BUDGET AS A CONTINGENCY AMOUNT; AUTHORIZING STATE REIMBURSEMENT FOR TRANSPORTATION BUDGET AMENDMENTS; ELIMINATING THE REFERENCE TO 6-YEAR HIGH SCHOOL FROM THE DEFINITION OF SCHOOL; AMENDING SECTIONS 20-3-106, 20-3-209, 20-4-402, 20-6-501, 20-6-608, 20-7-420, 20-9-134, 20-9-166, 20-9-307, 20-9-311, 20-9-313, 20-9-508, 20-10-111, 20-10-143, AND 20-10-145, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-3-106, MCA, is amended to read:
"20-3-106. Supervision of schools -- powers and duties. The superintendent of public instruction has the general supervision of the public schools and districts of the state and shall perform the following duties or acts in implementing and enforcing the provisions of this title:
(1) resolve any controversy resulting from the proration of costs by a joint board of trustees under the provisions of 20-3-362;
(2) issue, renew, or deny teacher certification and emergency authorizations of employment;
(3) negotiate reciprocal tuition agreements with other states in accordance with the provisions of 20-5-314;
(4) approve or disapprove the opening or reopening of a school in accordance with the provisions of 20-6-502, 20-6-503, 20-6-504, or 20-6-505;
(5) approve or disapprove school isolation within the limitations prescribed by 20-9-302;
(6) generally supervise the school budgeting procedures prescribed by law in accordance with the provisions of 20-9-102 and prescribe the school budget format in accordance with the provisions of 20-9-103 and 20-9-506;
(7) establish a system of communication for calculating joint district revenue in accordance with the provisions of 20-9-151;
(8) approve or disapprove the adoption of a district's budget amendment resolution under the conditions prescribed in 20-9-163 and adopt rules for an application for additional direct state aid for a budget amendment in accordance with the approval and disbursement provisions of 20-9-166;
(9) generally supervise the school financial administration provisions as prescribed by 20-9-201(2);
(10) prescribe and furnish the annual report forms to enable the districts to report to the county superintendent in
accordance with the provisions of 20-9-213(5)(6) and the annual report forms to enable the county superintendents to report
to the superintendent of public instruction in accordance with the provisions of 20-3-209;
(11) approve, disapprove, or adjust an increase of the average number belonging (ANB) in accordance with the provisions of 20-9-313 and 20-9-314;
(12) distribute BASE aid and special education allowable cost payments in support of the BASE funding program in accordance with the provisions of 20-9-331, 20-9-333, 20-9-342, 20-9-346, 20-9-347, and 20-9-366 through 20-9-369;
(13) provide for the uniform and equal provision of transportation by performing the duties prescribed by the provisions of 20-10-112;
(14) request, accept, deposit, and expend federal money in accordance with the provisions of 20-9-603;
(15) authorize the use of federal money for the support of an interlocal cooperative agreement in accordance with the provisions of 20-9-703 and 20-9-704;
(16) prescribe the form and contents of and approve or disapprove interstate contracts in accordance with the provisions of 20-9-705;
(17) approve or disapprove the conduct of school on a Saturday in accordance with the provisions of 20-1-303;
(18) recommend standards of accreditation for all schools to the board of public education and evaluate compliance with the standards and recommend accreditation status of every school to the board of public education in accordance with the provisions of 20-7-101 and 20-7-102;
(19) collect and maintain a file of curriculum guides and assist schools with instructional programs in accordance with the provisions of 20-7-113 and 20-7-114;
(20) establish and maintain a library of visual, aural, and other educational media in accordance with the provisions of 20-7-201;
(21) license textbook dealers and initiate prosecution of textbook dealers violating the law in accordance with the provisions of the textbooks part of this title;
(22) as the governing agent and executive officer of the state of Montana for K-12 vocational education, adopt the policies prescribed by and in accordance with the provisions of 20-7-301;
(23) supervise and coordinate the conduct of special education in the state in accordance with the provisions of 20-7-403;
(24) administer the traffic education program in accordance with the provisions of 20-7-502;
(25) administer the school food services program in accordance with the provisions of 20-10-201 through 20-10-203;
(26) review school building plans and specifications in accordance with the provisions of 20-6-622;
(27) prescribe the method of identification and signals to be used by school safety patrols in accordance with the provisions of 20-1-408;
(28) provide schools with information and technical assistance for compliance with the student assessment rules provided for in 20-2-121 and collect and summarize the results of the student assessment for the board of public education and the legislature;
(29) upon request and in compliance with confidentiality requirements of state and federal law, disclose to interested
parties all school district student assessment data for any a test required by the board of public education;
(30) administer the distribution of guaranteed tax base aid in accordance with 20-9-366 through 20-9-369; and
(31) perform any other duty prescribed from time to time by this title, any other act of the legislature, or the policies of the board of public education."
Section 2. Section 20-3-209, MCA, is amended to read:
"20-3-209. Annual report. The county superintendent of each county shall submit an annual report to the
superintendent of public instruction not later than September 1 the second Monday in September. The report must be
completed on the forms supplied by the superintendent of public instruction and must include:
(1) the final budget information for each district of the county, as prescribed by 20-9-134(1);
(2) the financial activities of each district of the county for the immediately preceding school fiscal year as provided by
the trustees' annual report to the county superintendent under the provisions of 20-9-213(5)(6); and
(3) the pupil information for each district provided the county superintendent under the provisions of 20-4-402(7); and
(4)(3) any other information that may be requested by the superintendent of public instruction that is within the
superintendent's authority prescribed by this title."
Section 3. Section 20-4-402, MCA, is amended to read:
"20-4-402. Duties of district superintendent or county high school principal. The district superintendent or county
high school principal is the executive officer of the trustees and, subject to the direction and control of the trustees, he the
executive officer shall:
(1) have general supervision of all schools of the district and the personnel employed by the district;
(2) implement and administer the policies of the trustees of the district;
(3) develop and recommend courses of instruction to the trustees for their consideration and approval in accordance with the provisions of 20-7-111;
(4) select all textbooks and submit the selections to the trustees for their approval in accordance with the provisions of 20-7-602;
(5) select all reference and library books and submit the selections to the trustees for their approval in accordance with provisions of 20-7-204;
(6) have general supervision of all pupils of the district, enforce the compulsory attendance provisions of this title, and
have the authority to suspend for good cause any a pupil of the district;
(7) report the cumulative pupil attendance and pupil, absence, and enrollment of the district and any other pupil
information required by the report form prescribed by the superintendent of public instruction to the county superintendent,
or county superintendents when reporting for a joint district, within 10 days after the conclusion of each school semester;
and
(8) perform any other duties in connection with the district as the trustees may prescribe."
Section 4. Section 20-6-501, MCA, is amended to read:
"20-6-501. Definition of various schools. As used in this title, unless the context clearly indicates otherwise, the term
"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. The trustees of any a district shall designate the grade assignments for the schools of the
district, but for the purposes of this title each school is known as:
(1) an elementary school when it comprises the work of any combination of kindergarten, other preschool programs, or
the first eight grades or their equivalents. A middle school is a school comprising the work of grades 4 through 8 or any
combination of grades 4 through 8 that has been accredited as a middle school under the provisions of 20-7-102. When an
accredited junior high school or an accredited 6-year high school is operated by the district, grades 7 and 8 or their
equivalents may not be considered as elementary grades.
(2) a high school when it comprises the work of one or more grades of schoolwork or their equivalents intermediate between the elementary schools and the institutions of higher education of the state of Montana. Types of high schools are designated as follows:
(a) a junior high school is a school comprising the work of grades 7 through 9 or their equivalents that has been accredited as a junior high school under the provisions of 20-7-102;
(b) a senior high school is a school that comprises the work of grades 10 through 12 or their equivalents and that is operated in conjunction with a junior high school;
(c) a 6-year high school is a school comprising the work of grades 7 through 12 or their equivalents that has been
accredited as a 6-year high school under the provisions of 20-7-102;
(d)(c) a 4-year high school is a school comprising the work of grades 9 through 12 or their equivalents."
Section 5. Section 20-6-608, MCA, is amended to read:
"20-6-608. Authority and duty of trustees to insure district property. (1) The trustees of any a district shall insure
any or all real and personal property of the district. The trustees shall include the cost of insurance in the general fund
budget of the district.
(2) Proceeds received from an insurance settlement on real or personal property insured by the district may, at the discretion of the trustees, be deposited in a fund considered appropriate by the trustees."
Section 6. Section 20-7-420, MCA, is amended to read:
"20-7-420. Residency requirements -- financial responsibility for special education. (1) In accordance with the provisions of 1-1-215, a child's district of residence for special education purposes is the residence of the child's parents or of the child's guardian if the parents are deceased, unless otherwise determined by the court. This applies to a child living at home, in an institution, or under foster care. If the parent has left the state, the parent's last-known district of residence is the child's district of residence.
(2) The county of residence is financially responsible for tuition and transportation as established under 20-5-323 and
20-5-324 for a child with disabilities, as defined in 20-7-401, including a child who attends school outside the district and
county of residence because the student has been placed by a state agency in a foster care or group home licensed by the
state. The county of residence is not financially responsible for tuition and transportation for a child who is placed by a state
agency in an out-of-state public school or an out-of-state private residential facility.
(3) If an eligible child, as defined in 20-7-436, is receiving inpatient treatment in an in-state residential treatment facility
or children's psychiatric hospital, as defined in 20-7-436, and the educational services are provided by a public school
district under the provisions of 20-7-411 or 20-7-435, the superintendent of public instruction shall reimburse the district
providing the services for the negotiated amount, as established pursuant to 20-7-435(5), that represents the district's costs
of providing education and related services. Payments must be made from funds appropriated for this purpose. If the
negotiated amount exceeds the daily membership rate under 20-7-435(3) and any per-ANB amount of direct state aid, the
superintendent of public instruction shall pay the remaining balance from available funds. However, the amount spent from
available funds for this purpose may not exceed $500,000 during any a biennium.
(4) A state agency that makes a placement of a child with disabilities is responsible for the financial costs of room and board and the treatment of the child. The state agency that makes an out-of-state placement of a child with disabilities is responsible for the education fees required to provide a free appropriate public education that complies with the requirements of Title 20, chapter 7, part 4."
Section 7. Section 20-9-134, MCA, is amended to read:
"20-9-134. Completion, filing, and delivery of final budgets. After the final budget of the elementary, high school, or community college district has been adopted by the trustees, the county superintendent shall complete all the remaining portions of the budget forms and shall:
(1) send the final budget information to the superintendent of public instruction, on the forms provided by the
superintendent, on or before September 1 the second Monday in September; and
(2) in the case of the community college districts, send the final budget information to the board of regents, on the forms provided by the community college coordinator, on or before September 1."
Section 8. Section 20-9-166, MCA, is amended to read:
"20-9-166. State financial aid for budget amendments. Whenever a final budget amendment has been adopted for
the general fund or the transportation fund to finance the cost of an amendment resulting from increased enrollment, the
trustees may apply to the superintendent of public instruction for an increased payment from the state for direct state aid or
for state transportation reimbursement, or both. Whenever a final budget amendment has been adopted for the
transportation fund, the trustees may apply to the superintendent of public instruction for an increased payment for state
transportation reimbursement. The superintendent of public instruction shall adopt rules for the application. The
superintendent of public instruction shall approve or disapprove each application for increased state aid made in accordance
with 20-9-314 and this section. When the superintendent of public instruction approves an application, the superintendent
of public instruction shall determine the additional amount of direct state aid from the state or the state transportation
reimbursement that will be made available to the applicant district because of the increase in enrollment or additional pupil
transportation obligations. The superintendent of public instruction shall notify the applicant district of the superintendent's
approval or disapproval and, in the event of approval, the amount of additional state aid that will be made available for the
general fund or the transportation fund. The superintendent of public instruction shall disburse the state aid to the eligible
district at the time the next regular state aid payment is made."
Section 9. Section 20-9-307, MCA, is amended to read:
"20-9-307. BASE funding program -- district general fund budget -- funding sources. (1) A basic system of free quality public elementary schools and high schools must be established and maintained throughout the state of Montana to provide equality of educational opportunity to all school-age children.
(2) The state shall in an equitable manner fund and distribute to the school districts the state's share of the cost of the basic school system through BASE aid to support the BASE funding program in the manner established in this title.
(3) The budgetary vehicle for achieving the financing system established in subsection (2) is the general fund budget of the school district. The purpose of the district general fund budget is to finance those instructional, administrative, facility maintenance, and other operational costs of a district not financed by other funds established for special purposes in this title.
(4) The BASE funding program for the districts in the state is financed by a combination of the following sources:
(a) county equalization money, as provided in 20-9-331 and 20-9-333;
(b) state equalization aid, as provided in 20-9-343, including guaranteed tax base aid for eligible districts as provided in 20-9-366 through 20-9-369;
(c) appropriations for special education;
(d) a district levy, as provided in 20-9-302 20-9-303, for support of a school not approved as an isolated school under
the provisions of that section 20-9-302; and
(e) district levies or other revenue, as provided by 20-9-308 and 20-9-353."
Section 10. Section 20-9-311, MCA, is amended to read:
"20-9-311. Calculation of average number belonging (ANB). (1) Average number belonging (ANB) must be computed as follows:
(a) compute an average enrollment by adding a count of regularly enrolled full-time pupils who were enrolled as of the
first Monday in October of the prior school fiscal year to a count of regularly enrolled pupils on February 1 of the prior
school fiscal year, or the nearest next school day if those dates do not fall on a school day, and divide the sum by two; and
(b) multiply the average enrollment calculated in subsection (1)(a) by the sum of the pupil-instruction and the approved pupil-instruction-related days for the current school fiscal year and divide by 180.
(2) For the purpose of calculating ANB under subsection (1), up to 7 approved pupil-instruction-related days may be included in the calculation.
(3) When a school district has approval to operate less than 180 school days under 20-9-806, the total ANB must be calculated in accordance with the provisions of 20-9-805.
(4) Enrollment for a part of a morning session or a part of an afternoon session by a pupil must be counted as enrollment for one-half day.
(5) In calculating the ANB for pupils enrolled in a program established under 20-7-117(1), enrollment at a regular session of the program for at least 2 hours of either a morning or an afternoon session must be counted as one-half pupil for ANB purposes. The ANB for a kindergarten student may not exceed one-half for each kindergarten pupil.
(6) When a pupil has been absent, with or without excuse, for more than 10 consecutive school days, the pupil may not be included in the enrollment count used in the calculation of the ANB unless the pupil resumes attendance prior to the day of the enrollment count.
(7) The enrollment of prekindergarten pupils, as provided in 20-7-117, may not be included in the ANB calculations.
(8) The average number belonging of the regularly enrolled, full-time pupils for the public schools of a district must be based on the aggregate of all the regularly enrolled, full-time pupils attending the schools of the district, except that when:
(a) (i) a school of the district is located more than 20 miles beyond the incorporated limits of a city or town located in the district and at least 20 miles from any other school of the district, the number of regularly enrolled, full-time pupils of the school must be calculated separately for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district;
(ii) a school of the district is located more than 20 miles from any other school of the district and incorporated territory is not involved in the district, the number of regularly enrolled, full-time pupils of the school must be calculated separately for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district;
(iii) the superintendent of public instruction approves an application not to aggregate when conditions exist affecting transportation, such as poor roads, mountains, rivers, or other obstacles to travel, or when any other condition exists that would result in an unusual hardship to the pupils of the school if they were transported to another school, the number of regularly enrolled, full-time pupils of the school must be calculated separately for ANB purposes and the district must receive a basic entitlement for the school calculated separately from the other schools of the district; or
(iv) two or more elementary districts consolidate or annex under the provisions of 20-6-203, 20-6-205, or 20-6-208; two or more high school districts consolidate or annex under the provisions of 20-6-315 or 20-6-317; or two or more K-12 districts consolidate or annex under Title 20, chapter 6, part 4, the ANB and the basic entitlements of the component districts must be calculated separately for a period of 3 years following the consolidation or annexation;
(b) a junior high school has been approved and accredited as a junior high school, all of the regularly enrolled, full-time pupils of the junior high school must be considered as high school district pupils for ANB purposes;
(c) a middle school has been approved and accredited, all pupils below the 7th grade must be considered elementary school pupils for ANB purposes and the 7th and 8th grade pupils must be considered high school pupils for ANB purposes; or
(d) a school has not been accredited by the board of public education, the regularly enrolled, full-time pupils attending the nonaccredited school are not eligible for average number belonging calculation purposes, nor will an average number belonging for the nonaccredited school be used in determining the BASE funding program for the district.
(9) When 11th or 12th grade students are regularly enrolled on a part-time basis, high schools may calculate the ANB to
include an "equivalent ANB" for those students. The method for calculating an equivalent ANB must be determined in a
manner prescribed by the superintendent of public instruction.
(10) For average daily attendance reporting purposes, districts
(9) The district shall provide the superintendent of public instruction with annual semiannual reports of school
attendance, absence, and enrollment for regularly enrolled students and special education students, using a format
determined by the superintendent."
Section 11. Section 20-9-313, MCA, is amended to read:
"20-9-313. Circumstances under which regular average number belonging may be increased. The average number belonging of a school, calculated in accordance with the ANB formula prescribed in 20-9-311, may be increased when:
(1) the opening of a new elementary school or the reopening of an elementary school has been approved in accordance with 20-6-502. The average number belonging for the school must be established by the county superintendent and approved, disapproved, or adjusted by the superintendent of public instruction.
(2) the opening or reopening of a high school or a branch of the county high school has been approved in accordance with 20-6-503, 20-6-504, or 20-6-505. The average number belonging for the high school must be established by the county superintendent's estimate, after an investigation of the probable number of pupils that will attend the high school.
(3) a district anticipates an increase in the average number belonging due to the closing of any a private or public school
in the district or a neighboring district. The estimated increase in average number belonging must be established by the
trustees and the county superintendent and approved, disapproved, or adjusted by the superintendent of public instruction
no later than the fourth Monday in June.
(4) a district anticipates an unusual enrollment increase in the ensuing school fiscal year. The increase in average number belonging must be based on estimates of increased enrollment approved by the superintendent of public instruction and must be computed in the manner prescribed by 20-9-314.
(5) for the initial year of operation of a program established under 20-7-117(1), the ANB to be used for budget purposes is the same as one-half the number of 5-year-old children residing in the district as of September 10 of the preceding school year, either as shown on the official school census or as determined by some other procedure approved by the superintendent of public instruction; or
(6) a high school district provides early graduation for any a student who completes graduation requirements in less than
eight semesters or the equivalent amount of secondary school enrollment or when a high school district provides early
graduation for a class of students who have completed the requirements for graduation after 175 pupil-instruction days in
the 12th grade. The increase must be established by the trustees as though the student had attended to the end of the school
fiscal year and must be approved, disapproved, or adjusted by the superintendent of public instruction."
Section 12. Section 20-9-508, MCA, is amended to read:
"20-9-508. Building fund. (1) The trustees of any a district shall establish or credit the building fund whenever the
district:
(a) issues and sells bonds under the school district bonding provisions of this title for purposes other than refunding bonds of the district;
(b) receives federal money for the express purpose of building, enlarging, or remodeling a school building or other building of the district;
(c) sells property of the district in accordance with the law authorizing the sale;
(d) receives money as an insurance settlement for the destruction of any property or portion of property insured by the
district;
(e)(d) earns interest from the investment of building fund money under the provisions of 20-9-213(4), except that
interest earned from the investment of bond money under the provisions of 20-9-435 must be credited to a fund in
accordance with that section; or
(f)(e) receives any other money, including payments made by a developer under the provisions of 20-9-615, for the
express purpose of building, enlarging, or remodeling a school building or other building of the district.
(2) The financial administration of the building fund must be in accordance with the financial administration provisions of this title for a nonbudgeted fund and must provide for a separate accounting of the money realized by each bond issue or by each construction project financed by a federal grant of money. Any other money deposited to the credit of this fund must be expended for building, enlargement, remodeling, or repairing of buildings of the district at the discretion of the trustees.
(3) Money credited to the building fund under the provisions of subsection (1)(a) must be expended for the express purpose or purposes authorized by the bond proposition approved at the election authorizing the issuance of the bonds. Any money realized by the sale of bonds and remaining to the credit of the building fund after the full accomplishment of the purpose for which the bonds were sold must be transferred to the debt service fund to be used for the redemption of the bonds.
(4) Money credited to the building fund under the provisions of subsection (1)(b) must be expended for the express purpose or purposes authorized by the federal government in granting the money."
Section 13. Section 20-10-111, MCA, is amended to read:
"20-10-111. Duties of board of public education. (1) The board of public education, with the advice of the Montana
department of justice and the superintendent of public instruction, shall adopt and enforce policies, not inconsistent with the
motor vehicle laws, to provide uniform standards and regulations for the design, construction, and operation of school
buses in the state of Montana. Such The policies shall must:
(a) prescribe minimum standards for the design and construction of school buses not inconsistent with:
(i) minimum standards adopted by the national commission on safety education conference on school transportation; or
(ii) minimum standards adopted by the national highway safety bureau traffic safety administration;
(b) prescribe standards and specifications for the lighting equipment and special warning devices to be carried by school buses in conformity with:
(i) current specifications approved by the society of automobile engineers;
(ii) motor vehicle laws; and
(iii) the requirement that all school buses have an alternately flashing prewarning lighting system of four amber signal lamps to be used while preparing to stop and an alternately flashing warning lighting system of four red signal lamps to be used while stopped in accordance with 61-9-402;
(c) establish any other driver qualifications considered necessary in addition to the qualifications required in 20-10-103;
(d) prescribe criteria for the establishment of transportation service areas for school bus purposes by the county
transportation committee which that shall allow for the establishment of such service areas without regard to the district
boundary lines within the county;
(e) prescribe any other criteria for the determination of the residence of a pupil that may be deemed considered
necessary in addition to the criteria established in 20-10-105;
(f) prescribe any other policies for the operation of school buses which that are not inconsistent with:
(i) motor vehicle laws;
(ii) minimum standards adopted for school bus operation by the national commission on safety education conference on
school transportation;
(iii) highway safety standards; and
(iv) the transportation provisions of this title;
(g) prescribe standards for the measurement of the child seating capacity of school buses, to be known as the rated capacity.
(2) The board of public education shall prescribe any other policy necessary for the proper administration and operation
of individual transportation programs that are not inconsistent with the transportation provisions of this title."
Section 14. Section 20-10-143, MCA, is amended to read:
"20-10-143. Budgeting for transportation and transmittal of transportation contracts. (1) The trustees of a district furnishing transportation to pupils who are residents of the district shall provide a transportation fund budget that is adequate to finance the district's transportation contractual obligations and any other transportation expenditures necessary for the conduct of its transportation program. The transportation fund budget must include:
(a) an adequate amount to finance the maintenance and operation of school buses owned and operated by the district;
(b) the annual contracted amount for the maintenance and operation of school buses by a private party;
(c) the annual contracted amount for individual transportation, including any increased amount because of isolation, which may not exceed the schedule amounts prescribed in 20-10-142;
(d) any amount necessary for the purchase, rental, or insurance of school buses; and
(e) any other amount necessary to finance the administration, operation, or maintenance of the transportation program of the district, as determined by the trustees.
(2) The trustees may include a contingency amount in the transportation fund budget for the purpose of enabling the district to fulfill an obligation to provide transportation in accordance with this title for:
(a) pupils not residing in the district at the time of the adoption of the final budget and who subsequently became
residents of the district during the school fiscal year; or
(b) pupils who have become eligible transportees since the adoption of the final budget because their legal residence has been changed; or
(c) other unforeseen increases in bus route mileage or obligations for payment of additional contracts for individual transportation for an eligible transportee for which state and county reimbursement is authorized under 20-10-141 and 20-10-142. The budgeted contingency amount may not exceed 10% of the transportation schedule amount as calculated under the provisions of 20-10-141 and 20-10-142 for all transportation services authorized by the schedules and provided by the district unless 10% of the transportation schedule amount is less than $100, in which case $100 is the maximum limitation for the budgeted contingency amount.
(3) A budget amendment to the transportation fund budget may be adopted subject to the provisions of 20-9-161 through 20-9-166.
(4) The transportation fund budgeted expenditures appropriated by the trustees must be reported shall report the
transportation fund budget on the regular budget form prescribed by the superintendent of public instruction in accordance
with 20-9-103, and the adoption of the transportation fund budget must be completed in accordance with the school
budgeting laws. When the adopted final budget is sent to the county superintendent, the trustees shall also send copies of all
completed transportation contracts for school bus transportation and individual transportation to the county superintendent.
The contracts must substantiate all contracted school bus transportation services incorporated in the final budget, and after
the county superintendent has utilized the contracts for that purpose but before the second Monday of August, the county
superintendent shall send all transportation contracts received to the superintendent of public instruction."
Section 15. Section 20-10-145, MCA, is amended to read:
"20-10-145. State transportation reimbursement. (1) A district providing school bus transportation or individual transportation in accordance with this title, board of public education transportation policy, and superintendent of public instruction transportation rules must receive a state reimbursement of its transportation expenditures under the transportation reimbursement rate provisions of 20-10-141 and 20-10-142. The state transportation reimbursement is one-half of the reimbursement amounts established in 20-10-141 and 20-10-142 or one-half of the district's transportation fund budget, whichever is smaller, and must be computed on the basis of the number of days the transportation services were actually rendered, not to exceed 180 pupil-instruction days. In determining the amount of the state transportation reimbursement, an amount claimed by a district may not be considered for reimbursement unless the amount has been paid in the regular manner provided for the payment of other financial obligations of the district.
(2) Requests for the state transportation reimbursement must be made by each district semiannually during the school fiscal year on the claim forms and procedure promulgated by the superintendent of public instruction. The claims for state transportation reimbursements must be routed by the district to the county superintendent, who after reviewing the claims shall send them to the superintendent of public instruction. The superintendent of public instruction shall establish the validity and accuracy of the claims for the state transportation reimbursements by determining compliance with this title, board of public education transportation policy, and the transportation rules of the superintendent of public instruction. After making any necessary adjustments to the claims, the superintendent of public instruction shall order a disbursement from the state money appropriated by the legislature of the state of Montana for the state transportation reimbursement. The payment of all the district's claims within one county must be made to the county treasurer of the county, and the county superintendent shall apportion the payment in accordance with the apportionment order supplied by the superintendent of public instruction.
(3) After adopting a budget amendment for the transportation fund in accordance with 20-9-161 through 20-9-166, the district shall send to the superintendent of public instruction a copy of each new or amended individual transportation contract and each new or amended bus route form to which the budget amendment applies. State reimbursement for the additional obligations must be paid as provided in subsection (1)."
Section 16. Effective date -- applicability. [This act] is effective July 1, 1999, and applies to school budgets for school fiscal years beginning on or after July 1, 1999.
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Latest Version of SB 69 (SB0069.ENR)
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