Parents - Requirements

Attendance

Parents are required to have their children attend school each school day when they are between the ages of 7 and 16 unless excused under policies established by the local board of trustees.  MCA 20-5-103

Enrolling your child in school

School districts are required to admit a child to school if the child is 6 years of age or older by September 10th and a resident of the district.  The trustees may, at their discretion, admit children who are younger than 6 or who reside out of the district.  MCA 20-5-101

Parents are required to enroll their children in a public school between the ages of 7 and 16 (or completion of the 8th grade, whichever is later), unless they are excused from attendance by a district judge or are enrolled in a nonpublic or home school.  MCA 20-5-102

Caretakers of children, who are related by blood, marriage or adoption, but are not parents, foster parents, stepparents, or legal guardians, may enroll a child in school if the legal adult parent cannot be located.  A caretaker relative must complete a notarized educational authorization affidavit with the school.

Schools generally require that the parent or caretaker relative provide proof of their child's date of birth (birth certificate), street address, parent's names, the name of the previous school attended and immunization information at the time of enrollment.   For specific enrollment information you will need to contact the school district your child will be attending. 

Even Start Family Literacy

This program supports family literacy programs that integrate early childhood education, adult education, parenting education, and literacy activities for low-income families, including parents eligible for services under the Adult Education and Family Literacy Act and their children from birth through age 7.

Free and Reduced Lunch

Children need to eat healthy meals to learn.  If the school your child attends participates in the School Nutrition Programs (School Lunch, School Breakfast, or Afterschool Snack), your child may qualify for free meals or reduced-priced meals.  To learn more about the requirements for schools participating in the School Nutrition Programs, click here:  Guide to Understanding School Meals
 
To apply for free or reduced-price meals, visit www.opi.mt.gov/schoolfood/index.html, click on "Forms and Guidance" and look in the "Free and Reduced Price School Meals" section for the "Application."

Home School Information

The Office of Public Instruction receives dozens of calls each year from people with questions about home schooling. Many of those calling request that OPI provide to them a summary of Montana law pertaining to home schooling. The Home School Information Packet (link) outlines the key statutes addressing home schooling in Montana. Attached to this document is the full text of statutes and administrative rules that may be of interest to those with questions about home schooling. The statutes discussed below may also be found in the 2007 Montana Code Annotated and have been in effect for many years. This packet of information is not provided as a complete analysis of this issue. Nothing contained in this packet should be considered as the rendering of legal advice for specific cases.

Home School Information Packet

Immunizations

Pursuant to MCA 20-5-403 school districts are not allowed to let a child attend school unless the child:

Department of Health and Human Services Immunization information   
Recommended Childhood Immunization Schedule

Kindergarten

Each school district is required to make available a half-time kindergarten program for children who will be 5 years old on or before September 10th of each year.   The local board of trustees may admit a child to kindergarten that does not meet the age requirement on a case-by-case basis.  Parents in Montana are not required to enroll their children in school until the age of seven. 

The 2007 Legislature authorized funding for full-time kindergarten in Montana.  This program does not change current law.  Schools are still required to offer a half-time kindergarten.  However, many school districts are choosing the option to provide a full-time program.  Regardless of the school, parents can choose to enroll their child in full-time or half-time kindergarten.

MCA 20-7-117

Medication

Check with the school district regarding the administration of medication to your child during the school day.  The school may have a district policy or administrative procedure developed in accordance with the local health department.  You should be aware of this policy/procedure before sending medications (prescription or non-prescription) to school with your child. 

Diabetes:  A parent or guardian can designate a school district employee to administer glucagons to a student if the employee agrees.  Written proof of the designation by the parent and acceptance by the employee must be filed with the district.  Training must be provided by a health care professional and proof of the training must be filed with the district.  MCA 20-5-412

In accord with the final regulations under the Individuals with Disabilities Education Act (IDEA) of 2004, school personnel cannot require parents to obtain a prescription for medication for a child as a condition of attending school, receiving an evaluation to determine if a child is eligible for special education services, or receiving special education and related services under the IDEA. (34 CFR 300.174)

Residency

One of the criteria for enrollment in school is that the child must be a resident of the school district.  Montana law defines a minor child's residence as being the same as the child's parent(s) or legal guardian.  If the parents don't have the same residence, the child's residence is the same as the parent who has primary legal custody.  MCA 1-1-215, 20-5-101

Transfer students

School districts are required to transfer records to a new school in which a child seeks to enroll within 5 working days of receiving a written request to transfer the records.  MCA 20-1-213

School district trustees are required to have a policy on assessment for placement of any child who enrolls in the district whose previous school was a nonpublic school that is not accredited.

Transportation Eligibility

Public school students are eligible for transportation provided by the school district if they are 5 years of age or older (up to 21) on or before September 10 of the current school year or if they are a preschool child with a disability.  They must also be a resident of the state of Montana and reside at least 3 miles over the shortest practical route from the nearest operating elementary/high school.   Special education students may be eligible to receive transportation regardless of where they live if transportation is a provision of their individualized education program.  MCA 20-10-101

Tuition/Out of District Attendance

A child may attend a school outside of the child's district of residence.  The law provides for both discretionary (optional) approval and mandatory approval. 

Mandatory attendance is provided in MCA 20-5-321.  Attendance in an out of district school is mandatory when:

Discretionary attendance is provided in 20-5-320 and may require the payment of tuition and/or transportation expenses.  If a school allows one child to attend under discretionary attendance, they must allow any child to attend unless the school district would be in violation of accreditation rules by allowing a child to attend.  (For example, a school district may allow three out of district children to attend 3rd grade, but deny a fourth if the fourth child would raise the class size to a number that would exceed the allowable students per class under the accreditation rules.)

Graduation requirements

A school district can establish its own requirements for graduation.  The minimum graduation requirements are established by the Montana Board of Public Education and are found in ARM 10.55.905.   A student has to complete a minimum of 20 credits in order to receive a Montana high school diploma with 13 credits in the following courses: