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69th Legislature 2025 SB 181
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ENROLLED BILL
AN ACT GENERALLY REVISING EDUCATION LAWS TO STRENGTHEN THE STATE'S COMMITMENT TO
PRESERVING AMERICAN INDIAN CULTURAL INTEGRITY UNDER ARTICLE X, SECTION 1(2), OF THE
MONTANA CONSTITUTION; REVISING INDIAN EDUCATION FOR ALL LAWS TO EMPHASIZE TRIBAL
CONSULTATION AND THE ROLE OF INDIAN LANGUAGE AND CULTURAL SPECIALISTS; PLACING
ADDITIONAL REQUIREMENTS ON THE BOARD OF PUBLIC EDUCATION AND THE OFFICE OF PUBLIC
INSTRUCTION TO IMPROVE INDIAN EDUCATION FOR ALL AND STRENGTHEN ACCOUNTABILITY;
CLARIFYING THE DUTIES OF THE OFFICE OF PUBLIC INSTRUCTION FOR FINANCIAL
ACCOUNTABILITY OF INDIAN EDUCATION FOR ALL FUNDS PROVIDED BY THE STATE TO SCHOOL
DISTRICTS; ESTABLISHING REPORTING REQUIREMENTS; REVISING A DEFINITION; AMENDING
SECTIONS 20-1-501, 20-1-502, 20-1-503, 20-7-101, AND 20-9-329, MCA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Article X, section 1(2), of the Montana Constitution states: "The state recognizes the
distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the
preservation of their cultural integrity"; and
WHEREAS, the Montana Legislature has honored this commitment in several ways, including through
the creation of Indian Education for All; and
WHEREAS, accountability for school districts in providing Indian Education for All and for the funding
provided by the Legislature for Indian Education for All has been lacking; and
WHEREAS, this lack of accountability has resulted in costly and protracted litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-1-501, MCA, is amended to read:
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"20-1-501. Recognition of American Indian cultural heritage -- legislative intent. (1) It is the
constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American
Indians and to be committed in its educational goals to the preservation of their cultural heritage.
(2) It is the intent of the legislature that in accordance with Article X, section 1(2), of the Montana
constitution:
(a) every Montanan, whether Indian or non-Indian, learn about the distinct and unique heritage of
American Indians in a culturally responsive manner; and
(b) every educational agency work cooperatively in consultation with Montana tribes or those tribes
that are in close proximity, when providing instruction or when implementing an educational goal or adopting a
rule related to the education of each Montana citizen, to include information specific to the cultural heritage and
contemporary contributions of American Indians, with particular emphasis on Montana Indian tribal groups and
governments.
(3) It is also the intent of this part, predicated on the belief that all school personnel should have an
understanding and awareness of Indian tribes to help them relate effectively with Indian students and parents,
that educational agencies provide means by which school personnel will gain an understanding of and
appreciation for the American Indian people."
Section 2. Section 20-1-502, MCA, is amended to read:
"20-1-502. American Indian studies -- definitions. As used in this part, the following definitions
apply:
(1) "American Indian studies" means instruction pertaining to the history, traditions, customs,
values, beliefs, ethics, language, and contemporary affairs of American Indians, particularly Indian tribal groups
in Montana.
(2) "Educational agency" means:
(a) the Montana university system;
(b) professional educator preparation programs accredited by the board of public education;
(c) the board of public education;
(d) the office of public instruction; and
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(e) school districts.
(3) "Instruction" means:
(a) a formal course of study or class, developed with the advice and assistance of Indian people in
consultation with Montana tribes, that is offered separately or that is integrated into existing accreditation
standards by a unit of the university system or by an accredited tribal community college located in Montana,
including a teacher education program within the university system or a tribal community college located in
Montana, or by the board of trustees of a school district;
(b) inservice training developed by the superintendent of public instruction in cooperation with
educators of Indian descent and made available to school districts;
(c) inservice training provided by a local board of trustees of a school district, which is developed
and conducted in cooperation with tribal education departments, tribal community colleges, or other recognized
Indian education resource specialists; or
(d) inservice training developed by professional education organizations or associations in
cooperation with educators of Indian descent and made available to all certified and classified personnel."
Section 3. Section 20-1-503, MCA, is amended to read:
"20-1-503. Indian education for all -- requirements -- reporting. (1) Pursuant to this part and 20-9-
329 and the definition of basic system of free quality public elementary and secondary schools under 20-9-309,
the board of trustees of a school district shall:
(a) require that all certified personnel and all students receive instruction in American Indian
studies; and
(b) in meeting the requirements of subsection (1)(a), utilize the specialist services of Indian
language and culture specialists licensed under the rules of the board of public education to the greatest extent
possible.
(2) Members of boards of trustees and all noncertified personnel in public school districts are
encouraged to satisfy the requirements for instruction in American Indian studies.
(3) (a) Pursuant to Article X, section 1(2), of the Montana constitution, 20-1-501, 20-7-101, and 20-
9-309, the board of public education shall incorporate the distinct and unique cultural heritage of Montana
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American Indians in the content and performance standards that schools must implement as a requirement for
school accreditation.
(b) The superintendent of public instruction shall include representatives of Montana Indian tribes
on negotiated rulemaking committees formed pursuant to 20-7-101 addressing the development or revision of
content and performance standards under subsection (3)(a).
(4) The board of public education and the superintendent of public instruction shall abide by the
guiding principles and documentation requirements under 2-15-142 in fulfilling duties pursuant to this part.
(5) Educational agencies and their personnel are encouraged to participate in ongoing education
in American Indian studies.
(6) The office of public instruction shall:
(a) create an online portal for submitting feedback from parents, students, and educators about the
implementation of the requirements of this part;
(b) respond to and address the feedback received in a manner that aims to continually improve the
quality of American Indian studies under this part; and
(c) report annually to the education interim committee and the state-tribal relations committee in
accordance with 5-11-210 on:
(i) the feedback received, responses provided, and improvements made under this subsection (6);
and
(ii) school districts failing to report or report satisfactorily in the same manner as described in 20-9-
329(6)(a).
(7) In supporting school districts in fulfilling the requirements of this part, the office of public
instruction shall integrate its efforts to the greatest extent possible with the Montana Indian language
preservation program under 20-9-537."
Section 4. Section 20-7-101, MCA, is amended to read:
"20-7-101. Accreditation standards -- process for adoption. (1) (a) Accreditation standards, as
defined in 20-1-101, for all schools must be adopted by the board of public education upon the
recommendations of the superintendent of public instruction. The superintendent shall develop
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recommendations in accordance with subsection (2). For an accreditation standard that requires
implementation by school districts, the recommendations presented to the board must include an economic
impact statement, as described in 2-4-405, prepared in consultation with the negotiated rulemaking committee
under subsection (2).
(b) For accreditation standards addressing academic requirements, program area standards, or
content and performance standards, the economic impact statement under subsection (1)(a) must include an
analysis of the ability of school districts to implement the standard within existing resources, including time. The
intent of this subsection (1)(b) is to ensure that school districts have the capacity to adhere to required
accreditation standards within a basic system of free quality public elementary and secondary schools.
(2) The accreditation standards recommended by the superintendent of public instruction must be
developed through the negotiated rulemaking process under Title 2, chapter 5, part 1. The superintendent may
form a negotiated rulemaking committee for accreditation standards to consider multiple proposals. The
negotiated rulemaking committee may not exist for longer than 2 years. The committee must represent the
diverse circumstances of schools of all sizes across the state and must include representatives from the
following groups:
(a) school district trustees;
(b) school administrators;
(c) teachers;
(d) school business officials;
(e) parents; and
(f) taxpayers; and
(g) for content and performance standard revisions, representatives of Montana Indian tribes, as
required under 20-1-503.
(3) Prior to adoption or amendment of any accreditation standard, the board shall submit each
proposal, including the economic impact statement required under subsection (1), to:
(a) during a regular legislative session, the joint appropriations subcommittee on education; or
(b) during the legislative interim, the education interim budget committee established in 5-12-501,
for review at least 1 month in advance of a scheduled committee meeting.
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(4) Unless the expenditures by school districts required under the proposal are determined by the
appropriate committee under subsection (3) to be insubstantial expenditures that can be readily absorbed into
the budgets of existing district programs, the board may not implement the standard until July 1 following:
(a) under subsection (3)(a), the current legislative session; or
(b) under subsection (3)(b), the next regular legislative session and shall request the
superintendent of public instruction include a request in the superintendent's budget that the same legislature
fund implementation of the proposed standard.
(5) The provisions of this section may not be construed to reduce or limit the authority of the
education interim committee to review administrative rules, including accreditation standards, within its
jurisdiction pursuant to 5-5-215.
(6) Standards for the retention of school records must be as provided in 20-1-212."
Section 5. Section 20-9-329, MCA, is amended to read:
"20-9-329. Indian education for all payment. (1) Except as provided in subsection (5), the state
shall provide an Indian education for all payment to public school districts, as defined in 20-6-101 and 20-6-701,
to implement the provisions of Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5.
(2) The Indian education for all payment is calculated as provided in 20-9-306 and is a component
of the BASE budget of the district.
(3) The district shall deposit the payment in the general fund of the district.
(4) (a) A public school district that receives an Indian education for all payment may not divert the
funds to any purpose other than curriculum development of an American Indian studies program, providing
curriculum and materials to students for the program, and providing training to teachers about the program's
curriculum and materials.
(b) A public school district shall file an annual report with the office of public instruction, in a form
and by a date prescribed by the superintendent of public instruction, that specifies how the Indian education for
all funds were expended in the prior school fiscal year in sufficient detail to ensure that all the funds were
properly spent for the purposes under subsection (4)(a) In addition to the expenditure reporting, the report must
include detailed descriptions of:
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(i) the instruction provided to certified personnel and students as required under 20-1-503; and
(ii) how this instruction was developed cooperatively with the advice and assistance of Montana
tribes pursuant to Title 20, chapter 1, part 5.
(5) (a) A If a school district that fails to file the annual report required under subsection (4) is
ineligible for the funding under this section, the office of public instruction shall reduce the school district's
BASE and maximum budget limits and BASE aid funding by the full amount of the Indian education for all
payment for subsequent school fiscal years until the report is filed.
(b) If a school district files a report failing to show that all funds received under this section were
spent for the purposes of subsection (4)(a), the office of public instruction shall reduce the school district's
BASE and maximum budget limits and BASE aid funding under this section for the subsequent fiscal year must
be reduced by the amount of funding received that was not spent for the purposes of subsection (4)(a).
(6) (a) The office of public instruction shall publish an annual report on the office's website listing
any school districts that fail to report or satisfactorily report under subsection (4) of this section.
(b) When a school district fails to report or satisfactorily report under subsection (4) of this section,
this failure must be noted in the school accreditation status reports established by the board of public education
pursuant to 20-7-102."
Section 6. Notification to tribal governments. The secretary of state shall send a copy of [this act]
to each federally recognized tribal government in Montana.
Section 7. Effective date. [This act] is effective July 1, 2025.
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I hereby certify that the within bill,
SB 181, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 181
INTRODUCED BY J. WINDY BOY, S. NOVAK, M. LEE, T. CROWE, J. SECKINGER, B. CLOSE, S. FYANT, J.
SOOKTIS, E. MATTHEWS, J. MORIGEAU, T. RUNNING WOLF, F. SMITH, S. WEBBER, M. FOX, B.
CARTER, J. COHENOUR, D. HAWK, C. KEOGH, S. MORIGEAU, E. STAFMAN, Z. ZEPHYR, M. MARLER, C.
FITZPATRICK
AN ACT GENERALLY REVISING EDUCATION LAWS TO STRENGTHEN THE STATE'S COMMITMENT TO
PRESERVING AMERICAN INDIAN CULTURAL INTEGRITY UNDER ARTICLE X, SECTION 1(2), OF THE
MONTANA CONSTITUTION; REVISING INDIAN EDUCATION FOR ALL LAWS TO EMPHASIZE TRIBAL
CONSULTATION AND THE ROLE OF INDIAN LANGUAGE AND CULTURAL SPECIALISTS; PLACING
ADDITIONAL REQUIREMENTS ON THE BOARD OF PUBLIC EDUCATION AND THE OFFICE OF PUBLIC
INSTRUCTION TO IMPROVE INDIAN EDUCATION FOR ALL AND STRENGTHEN ACCOUNTABILITY;
CLARIFYING THE DUTIES OF THE OFFICE OF PUBLIC INSTRUCTION FOR FINANCIAL ACCOUNTABILITY
OF INDIAN EDUCATION FOR ALL FUNDS PROVIDED BY THE STATE TO SCHOOL DISTRICTS;
ESTABLISHING REPORTING REQUIREMENTS; REVISING A DEFINITION; AMENDING SECTIONS 20-1-
501, 20-1-502, 20-1-503, 20-7-101, AND 20-9-329, MCA; AND PROVIDING AN EFFECTIVE DATE.