HOUSE BILL NO. 478
INTRODUCED BY H. RASER
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING TUITION PAYMENTS FOR HOMELESS CHILDREN; AMENDING SECTION 20-5-101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-5-101, MCA, is amended to read:
"20-5-101. Admittance of child to school. (1) The trustees shall assign and admit a child to a school in the district when the child is:
(a) 6 years of age or older on or before September 10 of the year in which the child is to enroll but is not yet 19 years of age;
(b) a resident of the district; and
(c) otherwise qualified under the provisions of this title to be admitted to the school.
(2) The trustees of a district may assign and admit any nonresident child to a school in the district under the tuition provisions of this title.
(3) The trustees may at their discretion assign and admit a child to a school in the district who is under 6 years of age or an adult who is 19 years of age or older if there are exceptional circumstances that merit waiving the age provision of this section.
(4) The trustees shall assign and admit a child who is homeless, as defined in the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), to a school in the district regardless of residence. The trustees may not require an out-of-district attendance agreement or tuition for a homeless child. However, the office of public instruction shall pay tuition for reported students pursuant to 20-5-324(2). THOSE STUDENTS WHO ARE PLACED BY THE STATE IN A TRANSITIONAL OR EMERGENCY SHELTER AS DEFINED IN THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.
(5) Except for the provisions of subsection (4), tuition for a nonresident child must be paid in accordance with the tuition provisions of this title."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
NEW SECTION. SECTION 3. RETROACTIVE APPLICABILITY. [THIS ACT] APPLIES RETROACTIVELY, WITHIN THE MEANING OF 1-2-109, TO TUITION PAYMENTS FOR ATTENDANCE DURING THE 2006 AND 2007 SCHOOL YEAR.
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Latest Version of HB 478 (HB0478.02)
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