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Montana
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
Montana: Annually notify the county
superintendent. Key parts of the Montana state code are sections 20-5-102,
20-5-109, and 20-5-111. Section 20-5-109 covers non-public schools as well
as home schools, and includes requirements such as length of school year,
maintaining immunization and attendance records, and providing regular
instruction in basic subjects. Section 20-5-111 was written specifically
about home schooling, and states that a parent has the authority to
homeschool and is solely responsible for the educational philosophy; the
selection of instructional materials, curriculum, and textbooks; the time,
place, and method of instruction; and the evaluation of the home school
instruction.
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."
