Montana Code Annotated 2023

TITLE 20. EDUCATION

CHAPTER 7. SCHOOL INSTRUCTION AND SPECIAL PROGRAMS

Part 4. Special Education for Exceptional Children

Surrogate Parent -- Immunity From Liability -- Reimbursement

20-7-463. Surrogate parent -- immunity from liability -- reimbursement. (1) A person appointed as a surrogate parent is exempt from liability for any act or omission performed by the person in the capacity as a surrogate parent except an act or omission that is found to have been committed in a grossly negligent or malicious manner.

(2) A surrogate parent has the same protection and immunity in professional communications as a teacher.

(3) A surrogate parent must be reimbursed by the school district for all reasonable and necessary expenses incurred in the pursuit of the surrogate parent's duties, as prescribed by rules adopted by the superintendent of public instruction.

History: En. Sec. 7, Ch. 618, L. 1985; amd. Sec. 306, Ch. 56, L. 2009.