Senate Bill No. 28
Introduced By hertel
A Bill for an Act entitled: "An Act requiring that at least one
of the two appointees from the teaching profession to
MEMBER OF the Teachers' Retirement Board be actively employed as a public school classroom teacher; REMOVING
THE SUPERINTENDENT OF PUBLIC INSTRUCTION; defining "classroom teacher"; amending section SECTIONS
2-15-1010 AND 20-3-106, MCA; and providing an
immediate effective date and an applicability date."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 2-15-1010, MCA, is amended to read:
"2-15-1010. Teachers' retirement board -- terms -- allocation -- definition. (1) There is a teachers' retirement board.
(2) The board consists of six members appointed by the governor, as follows:
the superintendent of public instruction; (b) two THREE persons appointed from the teaching profession who, when appointed, are active members of the
retirement system ;. At least one of the two THREE appointees must be actively employed as a public school classroom
teacher and shall hold a class 1, 2, or 4 certificate pursuant to 20-4-106. (c)(B) two persons appointed as representatives of the public; (d)(C) one member who shall must be a retired teacher who was a member of the retirement system at the time of
(3) Each appointed member of the board shall serve a term of 4 years. Each appointed member shall take and subscribe to
the oath prescribed by
section 3 of Article III, section 3, of the Montana constitution of the state. The oath shall must be
filed in the office of the secretary of state.
(4) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.
(5) As used in this section, "classroom teacher" means a staff member assigned professional activities of instructing pupils in self-contained classes or courses or in classroom situations."
SECTION 2. 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;
serve on the teachers' retirement board in accordance with the provisions of 2-15-1010; (5) approve or disapprove the orders of a high school boundary commission in accordance with the provisions of 20-6-311; (6)(5) 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; (7)(6) approve or disapprove school isolation within the limitations prescribed by 20-9-302; (8)(7) 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; (9)(8) establish a system of communication for calculating joint district revenues in accordance with the provisions of 20-9-151; (10)(9) 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; (11)(10) generally supervise the school financial administration provisions as prescribed by 20-9-201(2); (12)(11) 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) 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; (13)(12) 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; (14)(13) 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; (15)(14) provide for the uniform and equal provision of transportation by performing the duties prescribed by the
provisions of 20-10-112; (16)(15) approve or disapprove an adult education program for which a district proposes to levy a tax in accordance with
the provisions of 20-7-705; (17)(16) request, accept, deposit, and expend federal money in accordance with the provisions of 20-9-603; (18)(17) 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; (19)(18) prescribe the form and contents of and approve or disapprove interstate contracts in accordance with the provisions
of 20-9-705; (20)(19) approve or disapprove the conduct of school on a Saturday or on pupil-instruction-related days in accordance with
the provisions of 20-1-303 and 20-1-304; (21)(20) 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; (22)(21) 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; (23)(22) establish and maintain a library of visual, aural, and other educational media in accordance with the provisions of
20-7-201; (24)(23) license textbook dealers and initiate prosecution of textbook dealers violating the law in accordance with the
provisions of the textbooks part of this title; (25)(24) 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; (26)(25) supervise and coordinate the conduct of special education in the state in accordance with the provisions of 20-7-403; (27)(26) administer the traffic education program in accordance with the provisions of 20-7-502; (28)(27) administer the school food services program in accordance with the provisions of 20-10-201, 20-10-202, and 20-10-203; (29)(28) review school building plans and specifications in accordance with the provisions of 20-6-622; (30)(29) prescribe the method of identification and signals to be used by school safety patrols in accordance with the
provisions of 20-1-408; (31)(30) 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; (32)(31) administer the distribution of guaranteed tax base aid in accordance with 20-9-366 through 20-9-369; and (33)(32) 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."
NEW SECTION. Section 3. Effective date
-- applicability. [This act] is effective on passage and approval and applies to
an appointment made on or after [the effective date of this act] JULY 1, 1997.