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69th Legislature 2025 HB 24
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AN ACT REVISING EDUCATION LAWS TO CLARIFY PROVISIONS RELATED TO KINDERGARTEN AND
SPECIFIC TYPES OF ENROLLMENT INCREASES; AMENDING SECTIONS 20-1-301, 20-3-205, 20-3-326,
20-7-117, 20-9-311, AND 20-9-313, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-1-301, MCA, is amended to read:
"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 required 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. The
minimum aggregate hours required in subsection (2) are not required for any pupil demonstrating proficiency
pursuant to 20-9-311(4)(d).
(2) The minimum aggregate hours required by grade are:
(a) 360 hours for a half-time kindergarten program or 720 hours for a full-time kindergarten
program, as provided in 20-7-117;
(b) 720 hours for grades 1 through 3; and
(c) 1,080 hours for grades 4 through 12.
(3) Except for a circumstance related to an unforeseen emergency pursuant to Title 20, chapter 9,
part 8, 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), to any pupil not demonstrating proficiency pursuant to 20-9-311(4)(d), the
superintendent of public instruction shall reduce the BASE aid for the district for that school year by two times
an hourly rate, as calculated by the office of public instruction, for the aggregate hours missed by each pupil not
demonstrating proficiency pursuant to 20-9-311(4)(d)."
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Section 2. Section 20-3-205, MCA, is amended to read:
"20-3-205. Powers and duties. (1) The county superintendent has general supervision of the schools
of the county within the limitations prescribed by this title and shall perform the following duties or acts:
(a) determine, establish, and reestablish trustee nominating districts in accordance with the
provisions of 20-3-352, 20-3-353, and 20-3-354;
(b) administer and file the oaths of members of the boards of trustees of the districts in the county
in accordance with the provisions of 20-3-307;
(c) register the teacher or specialist certificates or emergency authorization of employment of any
person employed in the county as a teacher, specialist, principal, or district superintendent in accordance with
the provisions of 20-4-202;
(d) file a copy of the audit report for a district in accordance with the provisions of 20-9-203;
(e) classify districts in accordance with the provisions of 20-6-201 and 20-6-301;
(f) keep a transcript of the district boundaries of the county;
(g) fulfill all responsibilities assigned under the provisions of this title regulating the organization,
alteration, or abandonment of districts;
(h) act on any unification proposition and, if approved, establish additional trustee nominating
districts in accordance with 20-6-312 and 20-6-313;
(i) estimate the average number belonging (ANB) ANB of an opening school in accordance with
the provisions of 20-6-502, 20-6-503, 20-6-504, or 20-6-506;
(j) process and, when required, act on school isolation applications in accordance with the
provisions of 20-9-302;
(k) complete the budgets, compute the budgeted revenue and tax levies, file final budgets and
budget amendments, and fulfill other responsibilities assigned under the provisions of this title;
(l) monthly, unless otherwise provided by law, order the county treasurer to apportion state
money, county school money, and any other school money subject to apportionment in accordance with the
provisions of 20-9-212, 20-9-347, 20-10-145, or 20-10-146;
(m) act on any request to transfer estimate increases in average number belonging (ANB) ANB in
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accordance with the provisions of 20-9-313(1)(c);
(n) calculate the estimated budgeted general fund sources of revenue in accordance with the
general fund revenue provisions of the general fund part of this title;
(o) compute the revenue and compute the district and county levy requirements for each fund
included in each district's final budget and report the computations to the board of county commissioners in
accordance with the provisions of the general fund, transportation, bonds, and other school funds parts of this
title;
(p) file and forward bus driver certifications, transportation contracts, and state transportation
reimbursement claims in accordance with the provisions of 20-10-103, 20-10-143, or 20-10-145;
(q) for districts that do not employ a district superintendent or principal, recommend library book
and textbook selections in accordance with the provisions of 20-7-204 or 20-7-602;
(r) notify the superintendent of public instruction of a textbook dealer's activities when required
under the provisions of 20-7-605 and otherwise comply with the textbook dealer provisions of this title;
(s) act on district requests to allocate federal money for indigent children for school food services
in accordance with the provisions of 20-10-205;
(t) perform any other duty prescribed from time to time by this title, any other act of the legislature,
the policies of the board of public education, the policies of the board of regents relating to community college
districts, or the rules of the superintendent of public instruction;
(u) administer the oath of office to trustees without the receipt of pay for administering the oath;
(v) keep a record of official acts, preserve all reports submitted to the superintendent under the
provisions of this title, preserve all books and instructional equipment or supplies, keep all documents
applicable to the administration of the office, and surrender all records, books, supplies, and equipment to the
next superintendent;
(w) within 90 days after the close of the school fiscal year, publish an annual report in the county
newspaper stating the following financial information for the school fiscal year just ended for each district of the
county:
(i) the total of the cash balances of all funds maintained by the district at the beginning of the year;
(ii) the total receipts that were realized in each fund maintained by the district;
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(iii) the total expenditures that were made from each fund maintained by the district; and
(iv) the total of the cash balances of all funds maintained by the district at the end of the school
fiscal year; and
(x) hold meetings for the members of the trustees from time to time at which matters for the good
of the districts must be discussed.
(2) (a) When a district in one county annexes a district in another county, the county
superintendent of the county where the annexing district is located shall perform the duties required by this
section.
(b) When two or more districts in more than one county consolidate, the duties required by this
section must be performed by the county superintendent designated in the same manner as other county
officials in 20-9-202."
Section 3. Section 20-3-326, MCA, is amended to read:
"20-3-326. Information on educational opportunities -- duties of trustees. (1) The board of
trustees of a school district shall develop, update, and annually provide to students and families of the district
information on the educational opportunities available through the schools of the district. The information must
align to the legislative intent of preserving and protecting the right to access personalized learning as set forth
in 20-7-1601 and must be designed to empower families in understanding the options available to them in
partnering with schools to develop their child's full educational potential. A school board may satisfy its
obligation through the use of model resources developed by an organization of school boards of which the
school board is a member.
(2) The information provided under subsection (1) must include, at a minimum, the following
educational and extracurricular opportunities:
(a) evaluation and identification of children with disabilities and special education programs
beginning at age 3 pursuant to 20-7-411;
(b) early literacy targeted interventions pursuant to 20-7-1801 through 20-7-1804;
(c) part-time enrollment of a student who is otherwise enrolled at a nonpublic or home school
pursuant to 20-5-101;
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(d) admission to a school of a district beginning at age 5 pursuant to 20-5-101, and the option to
enroll a child half-time in a half-time kindergarten program pursuant to 20-7-117;
(e) proficiency-based learning and other forms of personalized learning pursuant to 20-7-1601,
including options for obtaining course equivalency and course waiver determinations from the board of trustees
pursuant to 20-3-324(18);
(f) participation in extracurricular activities, including participation by nonpublic and home school
students pursuant to 20-5-112;
(g) access to remote instruction, including through the Montana digital academy pursuant to Title
20, chapter 7, part 12, and through other school districts as provided in 20-7-118;
(h) out-of-district attendance pursuant to Title 20, chapter 5, part 3;
(i) availability of funding to support student access to advanced opportunities, if applicable to a
district pursuant to 20-7-1506;
(j) career and technical education pursuant to Title 20, chapter 7, part 3, including the attainment
of industry-recognized credentials and work-based learning, pursuant to 20-7-1510;
(k) early college, dual enrollment, and running start opportunities, pursuant to 20-9-706; and
(l) other opportunities for school-age children through Montana public schools that:
(i) support the development of a child's full educational potential;
(ii) assist in reducing the costs of postsecondary education and workforce preparation; and
(iii) foster life success.
(3) The legislature intends that boards of trustees and organizations of boards of trustees
communicate and collaborate with the education interim committee to demonstrate the implementation of the
requirements of this section and to identify additional opportunities following legislative sessions."
Section 4. Section 20-7-117, MCA, is amended to read:
"20-7-117. Kindergarten and preschool programs. (1) The trustees of an elementary district shall
establish or make available a kindergarten program capable of accommodating, at a minimum, all the children
in the district who will be 5 years old on or before September 10 of the school year for which the program is to
be conducted or who have been admitted through the exceptional circumstances provision under 20-5-101 by
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the board of trustees. The kindergarten program, which the trustees may designate as either a half-time or full-
time program, must:
(a) meet, at a minimum, the half-time aggregate hour requirements under 20-1-301;
(b) be an integral part of the elementary school and must be financed and governed accordingly,
provided that to be eligible for inclusion in the calculation of ANB pursuant to 20-9-311, a child must have
reached 5 years of age on or before September 10 of the school year covered by the calculation or have been
admitted to the district's kindergarten program by the board of trustees through the exceptional circumstances
provision under 20-5-101. A kindergarten program must meet the minimum aggregate hour requirements
established in 20-1-301. A kindergarten program that is designated as a full-time program must ; and
(c) if offered full-time, allow a parent, guardian, or other person who is responsible for the
enrollment of a child in school, as provided in 20-5-102, to enroll the child half-time.
(2) The trustees of an elementary school district may establish and operate a free preschool
program for children between the ages of 3 and 5 years. When preschool programs are established, they must
be an integral part of the elementary school and must be governed accordingly. Financing of preschool
programs may not be supported by money available from state equalization aid.
(3) As used in this title, the following definitions apply:
(a) "Kindergarten program" means a half-time or full-time 1-year program immediately preceding a
child's entry into 1st grade with curriculum and instruction selected by the board of trustees and aligned to the
content standards established by the board of public education.
(b) "Preschool program" means a half-time or full-time program to prepare children for entry into
kindergarten and governed by standards adopted by the board of public education."
Section 5. Section 20-9-311, MCA, is amended to read:
"20-9-311. Calculation of average number belonging (ANB)ANB -- 3-year averaging. (1) Average
number belonging (ANB) must be computed for each budget unit as follows:
(a) compute an average enrollment by adding a count of regularly enrolled 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
the first Monday in February of the prior school fiscal year or the next school day if those dates do not fall on a
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school day, and divide the sum by two; and
(b) multiply the average enrollment calculated in subsection (1)(a) by the sum of 180 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 the minimum aggregate hours under
20-9-806, the total ANB must be calculated in accordance with the provisions of 20-9-805.
(4) (a) Except as provided in subsection (4)(d), for the purpose of calculating ANB, enrollment in
an education program:
(i) from 180 to 359 aggregate hours of pupil instruction per school year is counted as one-quarter-
time enrollment;
(ii) from 360 to 539 aggregate hours of pupil instruction per school year is counted as half-time
enrollment;
(iii) from 540 to 719 aggregate hours of pupil instruction per school year is counted as three-
quarter-time enrollment; and
(iv) 720 or more aggregate hours of pupil instruction per school year is counted as full-time
enrollment.
(b) Except as provided in subsection (4)(d), enrollment in a program intended to provide fewer than
180 aggregate hours of pupil instruction per school year may not be included for purposes of ANB.
(c) Enrollment in a self-paced program or course may be converted to an hourly equivalent based
on the hours necessary and appropriate to provide the course within a regular classroom schedule.
(d) A school district may include in its calculation of ANB a pupil who is enrolled in a program
providing fewer than the required aggregate hours of pupil instruction required under subsection (4)(a) or (4)(b)
if the pupil has demonstrated proficiency in the content ordinarily covered by the instruction as determined by
the school board using district assessments. The ANB of a pupil under this subsection (4)(d) must be converted
to an hourly equivalent based on the hours of instruction ordinarily provided for the content over which the
student has demonstrated proficiency.
(e) (i) Except as provided in subsection (4)(e)(ii), a pupil in kindergarten through grade 12 who is
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concurrently enrolled in more than one public school, program, or district may not be counted as more than one
full-time pupil for ANB purposes. When a pupil is concurrently enrolled in more than one district, any fractional
enrollment under subsection (4)(a) must be attributed first to a pupil's nonresident district.
(ii) A pupil who participates in a jumpstart program under Title 20, chapter 7, part 18, may be
counted as up to 1 1/4 enrollment for ANB purposes. A district shall add one-quarter enrollment for a pupil who
participated in an early literacy jumpstart program to the pupil's regular enrollment count under this subsection
(4) in both the October and February enrollment counts following the student's participation in the jumpstart
program.
(5) For a district that is transitioning from a half-time to a full-time kindergarten program, the state
superintendent shall count kindergarten enrollment in the previous year as full-time enrollment for the purpose
of calculating ANB for the elementary programs offering full-time kindergarten in the current year. For the
purposes of calculating the 3-year ANB, the superintendent of public instruction shall count the kindergarten
enrollment as one-half enrollment and then add the additional kindergarten ANB to the 3-year average ANB for
districts offering full-time kindergarten.
(6)(5) 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)(6) (a) The enrollment of preschool pupils, as provided in 20-7-117, may not be included in the
ANB calculations.
(b) Except as provided in subsection (7)(c) (6)(c), a pupil who has reached 19 years of age by
September 10 of the school year may not be included in the ANB calculations.
(c) A pupil with disabilities who is over 19 years of age and has not yet reached 21 years of age by
September 10 of the school year and who is receiving special education services from a school district pursuant
to 20-7-411(4)(a) may be included in the ANB calculations if:
(i) the student has not graduated;
(ii) the student is eligible for special education services and is likely to be eligible for adult services
for individuals with developmental disabilities due to the significance of the student's disability; and
(iii) the student's individualized education program has identified transition goals that focus on
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preparation for living and working in the community following high school graduation since age 16 or the
student's disability has increased in significance after age 16.
(d) A school district providing special education services pursuant to subsection (7)(c) (6)(c) is
encouraged to collaborate with agencies and programs that serve adults with developmental disabilities in
meeting the goals of a student's transition plan.
(8)(7) The average number belonging ANB of the regularly enrolled pupils for the public schools of a
district must be based on the aggregate of all the regularly enrolled pupils attending the schools of the district,
except that:
(a) the ANB is calculated as a separate budget unit when:
(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 pupils of the school must be calculated as a separate budget unit 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 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
geographic barriers exist affecting transportation, such as poor roads, mountains, rivers, or other obstacles to
travel, 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 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 districts consolidate or annex under the provisions of 20-6-422 or 20-6-423, 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. Each district shall retain a percentage of its basic entitlement for 3
additional years as follows:
(A) 75% of the basic entitlement for the fourth year;
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(B) 50% of the basic entitlement for the fifth year; and
(C) 25% of the basic entitlement for the sixth year.
(b) when a junior high school has been approved and accredited as a junior high school, all of the
regularly enrolled pupils of the junior high school must be considered as high school district pupils for ANB
purposes;
(c) when 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) when a school has been designated as nonaccredited by the board of public education
because of failure to meet the board of public education's assurance and performance standards, the regularly
enrolled pupils attending the nonaccredited school are not eligible for average number belonging ANB
calculation purposes, nor will an average number belonging ANB for the nonaccredited school be used in
determining the BASE funding program for the district.
(9)(8) The district shall provide the superintendent of public instruction with semiannual reports of
school attendance, absence, and enrollment for regularly enrolled students, using a format determined by the
superintendent.
(10)(9) (a) Except as provided in subsections (10)(b) (9)(b) and (10)(c) (9)(c), enrollment in a basic
education program provided by the district through any combination of in-person or remote instruction may be
included for ANB purposes only if the pupil is offered access to the complete range of educational services for
the basic education program required by the accreditation standards adopted by the board of public education.
(b) Access to school programs and services for a student placed by the trustees in a private
program for special education may be limited to the programs and services specified in an approved individual
education plan supervised by the district.
(c) Access to school programs and services for a student who is incarcerated in a facility, other
than a youth detention center, may be limited to the programs and services provided by the district at district
expense under an agreement with the incarcerating facility.
(d) This subsection (10)(9) may not be construed to require a school district to offer access to
activities governed by an organization having jurisdiction over interscholastic activities, contests, and
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tournaments to a pupil who is not otherwise eligible under the rules of the organization.
(11)(10) A district may include only, for ANB purposes, an enrolled pupil who is otherwise
eligible under this title and who is:
(a) a resident of the district or a nonresident student admitted by trustees under a student
attendance agreement and who is attending a school or an offsite instructional setting of the district;
(b) unable to attend school due to a medical reason certified by a medical doctor and receiving
individualized educational services supervised by the district, at district expense, at a home or facility that does
not offer an educational program;
(c) unable to attend school due to the student's incarceration in a facility, other than a youth
detention center, and who is receiving individualized educational services supervised by the district, at district
expense, at a home or facility that does not offer an educational program;
(d) receiving special education and related services, other than day treatment, under a placement
by the trustees at a private nonsectarian school or private program if the pupil's services are provided at the
district's expense under an approved individual education plan supervised by the district;
(e) participating in the running start program at district expense under 20-9-706;
(f) receiving educational services, provided by the district, using appropriately licensed district staff
at a private residential program or private residential facility licensed by the department of public health and
human services;
(g) enrolled in an educational program or course provided at district expense using remote delivery
methods, including but not limited to tutoring, distance learning programs, online programs, and technology
delivered learning programs. The pupil:
(i) must meet the residency requirements for that district as provided in 1-1-215;
(ii) shall live in the district and must be eligible for educational services under the Individuals With
Disabilities Education Act or under 29 U.S.C. 794; or
(iii) must be enrolled in the educational program or course under a mandatory attendance
agreement as provided in 20-5-321; or
(iv) must be receiving remote instruction under 20-7-118(1)(c).
(h) a resident of the district attending the Montana youth challenge program or a Montana job
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corps program under an interlocal agreement with the district under 20-9-707.
(12)(11) A district shall, for ANB purposes, calculate the enrollment of an eligible Montana youth
challenge program participant as half-time enrollment.
(13)(12) (a) A district may, for ANB purposes, include in the October and February enrollment
counts an individual who is otherwise eligible under this title and who during the prior school year:
(i) resided in the district;
(ii) was not enrolled in the district or was not enrolled full time; and
(iii) completed an extracurricular activity with a duration of at least 6 weeks.
(b) (i) Except as provided in subsection (13)(b)(ii) (12)(b)(ii), each completed extracurricular activity
under subsection (13)(a) (12)(a) may be counted as one-sixteenth enrollment for the individual, but under this
subsection (13) (12) the individual may not be counted as more than one full-time enrollment for ANB purposes.
(ii) Each completed extracurricular activity lasting longer than 18 weeks may be counted as one-
eighth enrollment.
(c) For the purposes of this section, "extracurricular activity" means:
(i) a sport or activity sanctioned by an organization having jurisdiction over interscholastic
activities, contests, and tournaments;
(ii) an approved career and technical student organization, pursuant to 20-7-306; or
(iii) a school theater production.
(14)(13) (a) For an elementary or high school district that has been in existence for 3 years or
more, the district's maximum general fund budget and BASE budget for the ensuing school fiscal year must be
calculated using the current year ANB for all budget units or the 3-year average ANB for all budget units,
whichever generates the greatest maximum general fund budget.
(b) For a K-12 district that has been in existence for 3 years or more, the district's maximum
general fund budget and BASE budget for the ensuing school fiscal year must be calculated separately for the
elementary and high school programs pursuant to subsection (14)(a) (13)(a) and then combined.
(15)(14) The term "3-year ANB" means an average ANB over the most recent 3-year period,
calculated by:
(a) adding the ANB for the budget unit for the ensuing school fiscal year to the ANB for each of the
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previous 2 school fiscal years; and
(b) dividing the sum calculated under subsection (15)(a) (14)(a) by three."
Section 6. Section 20-9-313, MCA, is amended to read:
"20-9-313. Circumstances under which regular average number belonging ANB may be
increased. (1) The average number belonging of a school budget unit of a school district, calculated in
accordance with the ANB formula prescribed in 20-9-311, may be increased when:
(a)(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 An increase in the average number belonging for the school
appropriate budget unit resulting from the opening or reopening of the school must be established by the county
superintendent and approved, disapproved, or adjusted by the superintendent of public instruction.
(b)(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 An increase in the average number
belonging for the high school appropriate budget unit must be established by the county superintendent's
estimate, after an investigation of the probable number of pupils that will attend the high school.
(c)(3) a district anticipates an increase in the average number belonging due to the closing of a
private or public school in the district or a neighboring district. The estimated increase in average number
belonging for the appropriate budget unit 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.
(d) for the initial year of operation of a kindergarten program established under 20-7-117 (1), the
ANB to be used for budget purposes is:
(i) 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, for the purpose of implementing a half-time kindergarten
program as provided in 20-1-301 ; or
(ii) 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
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by the superintendent of public instruction, for the purpose of implementing a full-time kindergarten program as
provided in 20-1-301 ; or
(e)(4) a high school district provides early graduation for a student who completes graduation
requirements in less than eight semesters or the equivalent amount of secondary school enrollment. 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.
(2) This section does not apply to the expansion of a half-time kindergarten program to a full-time
kindergarten program."
Section 7. Effective date. [This act] is effective July 1, 2025.
Section 8. Applicability. [This act] applies to school fiscal years beginning on or after July 1, 2025.
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I hereby certify that the within bill,
HB 24, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 24
INTRODUCED BY M. ROMANO
BY REQUEST OF THE EDUCATION INTERIM COMMITTEE
AN ACT REVISING EDUCATION LAWS TO CLARIFY PROVISIONS RELATED TO KINDERGARTEN AND
SPECIFIC TYPES OF ENROLLMENT INCREASES; AMENDING SECTIONS 20-1-301, 20-3-205, 20-3-326, 20-
7-117, 20-9-311, AND 20-9-313, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY
DATE.