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School board authority in Montana

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Montana state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Montana law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Montana school boards have the authority to remove books from school libraries.
  • Montana is one of 26 states that has a Parents' Bill of Rights.
  • Montana state law also allows parents to opt their children out of sex education.
  • Montana school boards have the authority to accept or reject applications from students from outside their district seeking to attend one of the schools in their district, with limited exceptions.
  • Montana school boards can apply to the state to become an authorizer of charter schools within their district.
  • Montana school boards are authorized to call, conduct, and certify school board elections.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Montana

    Enabling or authorizing statute for the boards of school districts in Montana

    See also: Enabling statute

    Article X, Section 8 of the Montana Constitution creates school boards and gives them authority to operate each school district according to state law:[1]

    “

    The supervision and control of schools in each school district shall be vested in a board of trustees to be elected as provided by law.[2]

    		”

    Montana school boards' powers and duties

    In addition to the broad authority Montana public school boards of trustees are given, trustees are given 30 specific duties or powers to administer the public schools in Montana. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • employing and dismissing administrative personnel, clerks, secretaries, teacher's aides, custodians, maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel considered necessary to carry out the various services of the district.
    • calling, conducting, and certifying the elections of the district following the provisions of the school elections chapter of Montana statute.
    • establishing and maintaining the educational program of the schools of the district following the provisions of the instructional services, textbooks, K-12 career and vocational/technical education, and special education parts of Montana law.

    The list of powers and duties school district boards are charged with appears in Montana Statutes 20-3-324 and are as follows:[3]

    “

    20-3-324. Powers and duties. As prescribed elsewhere in this title, the trustees of a district shall exercise supervision and control of the schools of the district in providing its educational program pursuant to Article X, section 8, of the Montana constitution, and shall:

    (1) employ or dismiss a teacher, principal, or other assistants upon the recommendation of the district superintendent, the county high school principal, or other principal as the board considers necessary, accepting or rejecting any recommendation as the trustees in their sole discretion determine, in accordance with the provisions of Title 20, chapter 4;

    (2) employ and dismiss administrative personnel, clerks, secretaries, teacher's aides, custodians, maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel considered necessary to carry out the various services of the district;

    (3) administer the attendance and tuition provisions and govern the pupils of the district in accordance with the provisions of the pupils chapter of this title;

    (4) call, conduct, and certify the elections of the district in accordance with the provisions of the school elections chapter of this title;

    (5) participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of Title 19;

    (6) participate in district boundary change actions in accordance with the provisions of the school districts chapter of this title;

    (7) organize, open, close, or acquire isolation status for the schools of the district in accordance with the provisions of the school organization part of this title;

    (8) adopt and administer the annual budget or a budget amendment of the district in accordance with the provisions of the school budget system part of this title;

    (9) conduct the fiscal business of the district in accordance with the provisions of the school financial administration part of this title;

    (10) establish the ANB, BASE budget levy, over-BASE budget levy, and operating reserve amounts for the general fund of the district in accordance with the provisions of the general fund part of this title;

    (11) establish, maintain, budget, and finance the transportation program of the district in accordance with the provisions of the transportation parts of this title;

    (12) issue, refund, sell, budget, and redeem the bonds of the district in accordance with the provisions of the bonds parts of this title;

    (13) when applicable, establish, financially administer, and budget for the tuition fund, retirement fund, building reserve fund, adult education fund, nonoperating fund, school food services fund, miscellaneous programs fund, building fund, lease or rental agreement fund, traffic education fund, impact aid fund, interlocal cooperative fund, and other funds as authorized by the state superintendent of public instruction in accordance with the provisions of the other school funds parts of this title;

    (14) when applicable, administer any interlocal cooperative agreement, gifts, legacies, or devises in accordance with the provisions of the miscellaneous financial parts of this title;

    (15) hold in trust, acquire, and dispose of the real and personal property of the district in accordance with the provisions of the school sites and facilities part of this title;

    (16) operate the schools of the district in accordance with the provisions of the school calendar part of this title;

    (17) set the length of the school term, school day, and school week in accordance with 20-1-302;

    (18) establish and maintain the educational program of the schools of the district in accordance with the provisions of the instructional services, textbooks, K-12 career and vocational/technical education, and special education parts of this title. In undertaking its duties related to the district's educational program, the board of trustees may:

    (a) waive any specific course requirement otherwise required for graduation based on individual student needs and performance levels, age, maturity, interest, and aspirations of the pupil, in consultation with the pupil's parents or guardians; and

    (b) provide credit for a course satisfactorily completed in a period of time shorter or longer than normally required as set forth in 20-9-311(4)(d) or through content proficiency gained through alternative means. Examples of alternative means by which content proficiency may be achieved include but are not limited to correspondence, extension, and distance learning courses, adult education, summer school, work study, work-based learning partnerships, and other experiential learning opportunities, custom-designed courses, and challenges to current courses. Montana schools shall accept units of credit taken with the approval of the accredited Montana school in which the student was then enrolled and which appear on the student's official school transcript.

    (19) establish and maintain the school food services of the district in accordance with the provisions of the school food services parts of this title;

    (20) make reports from time to time as the county superintendent, superintendent of public instruction, and board of public education may require;

    (21) retain, when considered advisable, a physician or registered nurse to inspect the sanitary conditions of the school or the general health conditions of each pupil and, upon request, make available to any parent or guardian any medical reports or health records maintained by the district pertaining to the child;

    (22) for each member of the trustees, visit each school of the district not less than once each school fiscal year to examine its management, conditions, and needs, except that trustees from a first-class school district may share the responsibility for visiting each school in the district;

    (23) procure and display outside daily in suitable weather on school days at each school of the district an American flag representing the United States and manufactured in the United States that measures not less than 3 feet by 5 feet;

    (24) provide that an American flag representing the United States and manufactured in the United States that measures at least 16 inches by 24 inches be prominently displayed in each classroom in each school of the district no later than the beginning of the school year, except in a classroom in which the flag may get soiled. Districts are encouraged to work with military organizations and civic groups to acquire flags through donation, and this requirement is waived if the flags are not provided by a military organization or civic group.

    (25) for grades 7 through 12, provide that legible copies of the United States constitution, the United States bill of rights, and the Montana constitution printed in the United States or in electronic form are readily available in every classroom no later than the beginning of the school year. Districts are encouraged to work with civic groups to acquire the documents through donation, and this requirement is waived if the documents are not provided by a civic group.

    (26) adopt and administer a district policy on assessment for placement of any child who enrolls in a school of the district from a nonpublic school that is not accredited, as required in 20-5-110;

    (27) upon request and in compliance with confidentiality requirements of state and federal law, disclose to interested parties school district student assessment data for any test required by the board of public education;

    (28) consider and may enter into an interlocal agreement with a postsecondary institution, as defined in 20-9-706, that authorizes 11th and 12th grade students to obtain credits through classes available only at a postsecondary institution;

    (29) approve or disapprove the conduct of school on a Saturday in accordance with the provisions of 20-1-303; and

    (30) perform any other duty and enforce any other requirements for the governance of the schools pursuant to the constitutional power of supervision and control of schools vested in elected school boards pursuant to Article X, section 8, of the Montana constitution as prescribed by this title, the policies of the board of public education, or the rules of the superintendent of public instruction.[2]

    		”

    Constraints on Montana school boards' authority

    This section tracks constraints on school boards specific to Montana as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Montana school boards' authority by topic

    This section features constraints on Montana school boards' authority on policies related to the following topics:

    Curriculum requirements

    Though local school districts are authorized to create curricula for their district, Montana law requires districts to include instruction about the United States Constitution and the pledge of allegiance.[4][5]

    Curriculum restrictions

    Montana law prohibits critical race theory and certain anti-racism programming in schools.[6] It also prohibits instruction in public schools regarding what it calls sectarian or denominational material:[7]

    “

    (1) (a) A publication of a sectarian or denominational character may not be distributed in any school. Instruction may not be given advocating sectarian or denominational doctrines.

    (b) This subsection (1) does not prohibit:

    (i) a school library from including the Bible or other religious material having cultural, historical, or educational significance;

    (ii) a pupil from reading from the Bible or other religious material during free reading time; or

    (iii) a student from initiating or participating in a conversation about religion, religious beliefs, or religious practices. with another student or a teacher.

    (c) If a school, class, or course has requirements for self-selected reading, a pupil must be allowed to read from the Bible or other religious material to meet those requirements.

    (2) Prayer is permitted in a school, on school grounds, and at school-sponsored events, but a person may not be compelled to pray. The school day may begin with a prayer.[2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Montana school boards have the authority to remove books from school libraries. Boards of trustees in Montana are tasked with approving the selection of school library books presented by the district superintendent, and in some cases are tasked with making the selection.[9]

    Additionally, Montana House Bill 234 (2023), signed by the governor on May 10, 2023, allows school district trustees to adopt policies limiting material available to minors in public schools.[10]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[11][12][13]

    Federal guidance


    Parental notification

    Montana requires parental notification in the following instances:[15]

    • Any school implementing or maintaining a curriculum that provides sex education must notify parents or guardians of students no later than 48 hours before the instruction is set to take place.
    • Parents or guardians with children enrolled in sex education in the district or school must be annually notified of the content of the curriculum and their ability to opt their child out of the instruction.

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[16]

    Discipline

    See also: How does Montana compare to other states on school board authority over disciplinary policy?

    Montana is one of two states that authorizes school boards to create disciplinary policies in certain circumstances such as for bullying or expulsion.

    Ballotpedia could not identify a statute explicitly granting boards of trustees the authority to create disciplinary policy, though Montana Administrative Code 10.55.701 provides trustees the authority to create policies that protect the safety of students and staff:[17]

    “

    (5) The local board of trustees with meaningful stakeholder involvement shall establish and implement such additional policies as the board deems necessary that:

    (a) provide for the safety and well-being of all students and staff ... [2]
    		 ”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Montana, How does Montana compare to other states on school board authority over election timing?

    Montana is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Montana.

    Notably, Montana school boards are authorized to call, conduct, and certify school board elections.

    Public school choice and open enrollment

    See also: School choice in Montana

    Montana school district trustees have the authority to accept or reject applications from students from outside their district seeking to attend one of the schools in their jurisdiction. There are some circumstances in which trustees are required to permit students living outside of their district to attend schools in their jurisdictions, including if the child resides closer to the school that the child wishes to attend and more than 3 miles from the school the child would attend in their resident district or the child is required to attend school outside of the district of residence as the result of placement in foster care or a group home. Montana Statutes 20-5-320 and 20-5-321 read:[19][20]

    “

    20-5-320. Out-of-district attendance by parent or guardian request with no extenuating circumstances. (1) A child may be enrolled in and attend a school in a Montana school district that is outside of the child's district of residence at the request of the child's parent or guardian as described in this section. If the trustees of the district of attendance approve of the child's attendance in a school of the district, the parent or guardian may be responsible for transportation.

    (2) (a) Whenever a parent or guardian of a child wishes to have the child attend a school under the provisions of this section, the parent or guardian shall apply to the trustees of the district where the child wishes to attend.

    (b) The application must be made on an out-of-district attendance agreement form supplied by the district and developed by the superintendent of public instruction.

    The attendance agreement must set forth the financial obligations, if any, for costs incurred for transporting the child under Title 20, chapter 10. Unless otherwise agreed by the district of residence and the district of attendance, the family of a nonresident child whose application for attendance has been approved is responsible for transportation of the child and the child is not an eligible transportee as defined in 20-10-101. The district of attendance may discretionarily provide transportation pursuant to 20-10-122.

    (c) The trustees of the district of attendance may adopt policies for the application process, including but not limited to reasonable timelines for the submission of applications.

    (d) The trustees of the district of attendance shall serve children who are residents of the district and nonresident children seeking enrollment under 20-5-321 prior to enrolling children under this section.

    (e) In reviewing and determining whether to approve an application for attendance by a nonresident child, the trustees of the district of attendance shall approve the application unless the trustees find that the impact of approval of the application will negatively impact the quality of education for resident pupils by grade level, by school, or in the district in the aggregate in one or more of the following ways:

    (i) the approval would result in exceeding limits of:

    (A) building construction standards pursuant to Title 50, chapter 60;

    (B) capacity and ingress and egress elements, either by individual room or by school building, of any fire code authorized by Title 50, chapter 3; or

    (C) evacuation elements of the district's adopted school safety plan;

    (ii) the approval would impede meeting goals, standards, or objectives of quality that the trustees have previously adopted in a plan for continuous educational improvement required under rules adopted by the board of public education; or

    (iii) the approval would risk jeopardizing the educational quality within the district because the nonresident child who is applying was:

    (A) truant as defined in 20-5-106 in the last school district attended;

    (B) expelled by another school district at any time; or

    (C) suspended in another school district in any of the 3 school fiscal years preceding the school fiscal year for which attendance is requested. This subsection (2)(e)(iii)(C) does not apply to a student who is eligible for special education or related services.

    (f) The trustees of a district that receives more applications than the district can accommodate under subsections (2)(e)(i) and (2)(e)(ii) may adopt and implement policy providing priority among the applications on any rational basis that prioritizes the quality of education for students who are residents of the district of attendance and the obligations of resident taxpayers.

    (3) This section does not preclude the trustees of a district from approving an attendance agreement for educational program offerings not provided by the resident district, such as the kindergarten or grades 7 and 8 programs, if the trustees of both districts agree to the terms and conditions for attendance and any transportation requirement. The tuition requirements under 20-5-323 and 20-5-324 apply to agreements under this subsection. For purposes of this subsection, the trustees of the resident district shall initiate the out-of-district agreement.

    (4) As used in 20-5-320 through 20-5-324, the term "guardian" means the guardian of a minor as provided in Title 72, chapter 5, part 2.

    20-5-321. Attendance with mandatory approval -- tuition and transportation. (1) An out-of-district attendance agreement that allows a child to enroll in and attend a school in a Montana school district that is outside of the child's district of residence or in a public school district of a state or province that is adjacent to the county of the child's residence is mandatory whenever any of the following extenuating circumstances exist:

    (a) the child resides closer to the school that the child wishes to attend and more than 3 miles from the school the child would attend in the resident district and the resident district does not provide transportation;

    (b) (i) the child resides in a location where, because of geographic conditions between the child's home and the school that the child would attend within the district of residence, it is impractical to attend school in the district of residence, as determined by the county transportation committee based on the following criteria:

    (A) the length of time that is in excess of the 1-hour limit for each bus trip for an elementary child as authorized under 20-10-121;

    (B) whether distance traveled is greater than 40 miles one way from the child's home to school on a dirt road or greater than a total of 60 miles one way from the child's home to school in the district of residence over the shortest passable route; or

    (C) whether the condition of the road or existence of a geographic barrier, such as a river or mountain pass, causes a hazard that prohibits safe travel between the home and school.

    (ii) The decision of the county transportation committee is subject to appeal to the superintendent of public instruction, as provided in 20-3-107, but the decision must be considered as final for the purpose of the payment of tuition under 20-5-324(4)(a)(ii) until a decision is issued by the superintendent of public instruction. The superintendent of public instruction may review and rule on a decision of the county transportation committee without an appeal being filed.

    (c) (i) the child is a member of a family that is required to send another child outside of the elementary district to attend high school and the child of elementary age may more conveniently attend an elementary school where the high school is located, provided that the child resides more than 3 miles from an elementary school in the resident district or that the parent is required to move to the elementary district where the high school is located to enroll another child in high school. A child enrolled in an elementary school pursuant to this subsection (1)(c)(i) may continue to attend the elementary school after the other child has left the high school.

    (ii) the child is a member of a family that is required to send another child outside of the high school district to attend elementary school and the child of high school age may more conveniently attend a high school where the elementary school is located, provided that the child resides more than 3 miles from a high school in the resident district or that the parent is required to move to the high school district where the elementary school is located to enroll another child in elementary school. A child enrolled in a high school pursuant to this subsection (1)(c)(ii) may continue to attend the high school after the other child has left the elementary school.

    (d) the child is under the protective care of a state agency or has been adjudicated to be a youth in need of intervention or a delinquent youth, as defined in 41-5-103; or

    (e) the child is required to attend school outside of the district of residence as the result of a placement in foster care or a group home licensed by the state.

    (2) (a) Whenever a parent or guardian of a child, an agency of the state, or a court wishes to have a child attend a school under the provisions of this section, the parent or guardian, agency, or court shall complete an out-of-district attendance agreement in consultation with an appropriate official of the district that the child will attend.

    (b) The attendance agreement must set forth the financial obligations, if any, for costs incurred for transportation as provided in 20-5-323 and Title 20, chapter 10.

    (3) Except as provided in subsection (4), the trustees of the resident district and the trustees of the district of attendance shall approve the out-of-district attendance agreement. The trustees of the district of attendance shall:

    (a) notify the county superintendent of schools of the county of the child's residence of the approval of the agreement within 10 days; and

    (b) submit the agreement for a student attending under the provisions of subsection (1)(d) or (1)(e) to the superintendent of public instruction for approval for payment under 20-5-324.

    (4) Unless the child is a child with a disability who resides in the district, the trustees of the district where the school to be attended is located may disapprove an out-of-district attendance agreement whenever they find that, because of insufficient room and overcrowding, the accreditation of the school would be adversely affected by the acceptance of the child.[2]

    		”

    Charter schools

    See also: Charter schools in Montana, How does Montana compare to other states on school board authority over charter schools?

    Montana is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    The Montana State Community Choice School Commission, which is under the State Board of Public Education, has the statutory authority to grant or deny applications for charter schools, though district boards of trustees can apply to the Commission to become an authorizer of charter schools within their district:[21]

    “

    20-11-107. Authorizers. (1) The state community choice school commission created under 20-11-106 may authorize choice schools in the state. The commission shall perform the functions of choice school authorizers under this part.

    (2) (a) A local school board may apply to the commission for authorizing authority within the boundaries of the traditional school district overseen by the local school board.

    (b) If the commission determines that the local school board fulfills the requirements of an authorizer, the commission shall, within 60 days of receipt of a local school board's application, approve the local school board as an authorizer.

    (c) On approval, the commission shall register the local school board and shall provide the local school board with a letter confirming its approval as an authorizer.

    (3) (a) The commission shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for local school boards to apply for authorizing authority as set forth in this section.

    (b) By March 1 of each year, the commission shall make available information and guidelines for local school boards concerning the opportunity to apply for authorizing authority under this part.

    (c) Each interested local school board shall submit an application that clearly explains or presents the following elements in a format to be established by the commission:

    (i) written notification of intent to serve as a choice school authorizer in accordance with this part;

    (ii) an explanation of the local school board's strategic vision for authorizing;

    (iii) a plan supporting the local school board's strategic vision and an explanation of the local school board's budget and personnel capacity and commitment to execute the duties of choice school authorizing in accordance with this part;

    (iv) a draft or preliminary outline of a request for proposal that will solicit choice school applicants in accordance with 20-11-111;

    (v) a description or outline of the performance framework the local school board will use to guide the establishment of a charter contract and for ongoing oversight and evaluation of choice schools consistent with the requirements of this part;

    (vi) a draft of the local school board's renewal, revocation, nonrenewal, and school closure processes consistent with 20-11-117 and 20-11-118;

    (vii) a statement of assurance that the local school board commits to serving as a choice school authorizer in fulfillment of the expectations, spirit, and intent of this part and will fully participate in any authorizer training provided or required by the commission; and

    (viii) a statement of assurance that the local school board will be accountable and transparent in all matters concerning authorizing practices, decisions, and expenditures.

    (4) (a) Within 60 days of receipt of the application, the commission shall determine whether to approve an application based on a review of the documentation provided in [subsection (3)] and the quality of the application. The commission shall provide a letter to the local school board either confirming or denying acceptance as an authorizer.

    (b) Within 30 days of approval of an application for choice school authorizing, the commission and the approved authorizer shall execute a renewable authorizing contract. The initial authorizing contract term is 6 years.

    (5) A local school board may not engage in authorizing functions without a fully executed authorizing contract.

    (6) When approved by the commission, the local school board continues as an authorizer from year to year during the term of the contract as long as the local school board fulfills all authorizing duties and expectations set forth in this part and remains an authorizer in good standing with the commission.[2]

    		”

    Cellphone bans

    See also: How does Montana compare to other states on cellphone laws?

    Montana is one of four states with laws or policies encouraging school boards to pass policies limiting cellphone use for their districts. Montana Governor Greg Gianforte (R) asked districts to adopt policies restricting cellphone use in schools on August 22, 2024.[22]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[23][24]

    Montana school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, Article X of the CBA between the Board of Trustees, School District No. 1 and Helena School District, Helena, Montana, and the Helena Educators Association provides that the school calendar for each school year shall be developed by a committee consisting of representatives of the Board and teachers appointed by the Association. Though the Board has to approve the calendar, teachers are included in a process that school boards are given authority over by state law.[25]

    “

    12.2 Development
    The school calendar for each school year shall be developed and recommended by a committee consisting of an equal number of representatives of the Board and/or the Administration appointed by the School Board, and teachers appointed by the Association. This Committee shall recommend a calendar to the Board for final approval. The Board may, however, determine starting dates for future school calendars without incorporating the process defined herein.[2]

    		”

    Parents' bill of rights

    See also: How does Montana compare to other states on Parents' Bills of Rights?

    Montana is one of 26 states that has a Parents' Bill of Rights.

    The statute holds that parents have the right to direct the education of their child, among other provisions. The text is as follows:[26]

    “

    40-6-703. Parental involvement in education. (1) The board of trustees of a school district, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the school district, including:

    (a) a plan for parent participation in the school district, which must be designed to improve parent and teacher cooperation in homework, attendance, and discipline;

    (b) a plan to provide parents with information about how to participate in the governance of the school district through the locally elected board of trustees;

    (c) procedures by which a parent may learn about the course of study for the parent's child;

    (d) procedures by which a parent may withdraw the parent's child from instruction or presentations, assemblies, guest lectures, or other educational events facilitated by a school's faculty or staff, including those conducted by outside individuals or organizations, that offend the parent's beliefs or practices;

    (e) procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school or that the school is required to allow under the provisions of the federal Equal Access Act of 1984 and may withdraw the parent's child from any club or extracurricular activity. A student shall provide a signed parental permission form prior to participating in any school-sponsored club or extracurricular activity.

    (f) procedures by which a parent shall provide written consent before the parent's child uses a pronoun that does not align with the child's sex. If a parent provides written consent under this subsection (1)(f), a person may not be compelled to use pronouns that do not align with the child's sex.

    (g) procedures by which a parent may learn about parental rights and responsibilities under the laws of this state.

    (2) The board of trustees of a school district may adopt a policy providing that parents may submit and receive the information required by this section in electronic form.[2]

    		”


    How does Montana compare to other states?

    This section compares Montana's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[27]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Montana prohibits schools from allowing transgender students to participate in women's sports (2025): Governor Greg Gianforte (R) signed House Bill (HB) 300 on March 27, 2025, prohibiting schools from allowing transgender athletes to participate in women's sports. Montana implemented a similar ban in 2021, but it was struck down by the Montana Supreme Court.[28][29]

    See also

    Footnotes

    1. ↑ Montana Legislative Archive, "The Constitution of the State of Montana - Article X. Education and Public Lands - Part X. Education and Public Lands - School District Trustees," accessed December 20, 2024
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Montana Legislative Archives, "Title 20. Education - Chapter 3. Elected Officials - Part 3. School District Trustees - Powers And Duties
    4. ↑ Montana Legislative Archive, "20-7-111. Instruction in public schools." Accessed December 20, 2024
    5. ↑ Montana Administrative Register, "10.55.603 - Curriculum and Assessment," accessed January 7, 2025
    6. ↑ Montana Department of Justice, "Attorney General Knudsen Issues Binding Opinion on Critical Race Theory," accessed January 17, 2025
    7. ↑ Montana Legislative Archive, "20-7-112. Sectarian publications prohibited -- religious materials allowed -- prayer permitted." Accessed December 20, 2024
    8. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    9. ↑ Montana Legislative Archive, "20-7-204. School library book selection." Accessed December 20, 2024
    10. ↑ LegiScan, "Montana House Bill 234," accessed December 20, 2024
    11. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    12. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    13. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    14. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    15. ↑ Montana Legislative Archive, "20-7-120. Excused absences from curriculum requirements -- notice -- prohibited activities." Accessed December 20, 2024
    16. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    17. ↑ Montana Administrative Register, "10.55.701 BOARD OF TRUSTEES," accessed December 20, 2024
    18. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    19. ↑ Montana Legislative Archive, "20-5-321. Attendance with mandatory approval -- tuition and transportation." Accessed December 20, 2024
    20. ↑ Montana Legislative Archive, "20-5-320. Out-of-district attendance by parent or guardian request with no extenuating circumstances." Accessed December 20, 2024
    21. ↑ Montana Legislative Archive, "20-11-107. Authorizers." Accessed December 20, 2024
    22. ↑ Montana State Website, "Governor Gianforte Calls for 'Cell Phone-Free' Schools," accessed December 20, 2024
    23. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    24. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    25. ↑ Helena Public Schools, "Helena Education Association Negotiated Agreement 2023-2025," accessed January 2, 2025
    26. ↑ Montana Code Annotated 2023, "Parental Involvement in Education," accessed July 8, 2025
    27. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    28. ↑ Daily Montanan, "Governor Gianforte signs ‘bathroom bill,’ transgender athlete ban," accessed April 17, 2025
    29. ↑ Legiscan, "Montana House Bill 300," accessed April 17, 2025
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