Montana Code Annotated
Part 13. Protection and Wellness of Youth
20-7-1321. Employment assistance for current or former school employees, contractors, and volunteers engaged in sexual misconduct prohibited

20-7-1321. Employment assistance for current or former school employees, contractors, and volunteers engaged in sexual misconduct prohibited. (1) Except as provided in subsection (2), a person who is an officer, trustee, employee, agent, or contractor of a school, school district, county superintendent of schools, or the state superintendent of public instruction and who knows or has probable cause to believe that a current or former school employee, contractor, or agent has committed or has attempted, solicited, or conspired to commit an act with a child or enrolled student that constitutes a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-601, 45-5-602, 45-5-603, 45-5-625, 45-5-702, 45-5-704, or 45-5-705 may not assist that school employee, contractor, or agent in obtaining new employment apart from the routine transmission of administrative and personnel files.
(2) Subsection (1) does not apply if:
(a) the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged violation;
(b) the information has been properly reported to any other authorities as required by the laws of the United States, the state, or any political subdivision of the state, including but not limited to reporting required by Title 41, chapter 3, part 2, and Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., and the regulations implementing that title under Title 34, part 106, Code of Federal Regulations, or any succeeding regulations; and
(c) (i) a peace officer, city attorney, or county attorney with jurisdiction over the alleged misconduct has notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent committed or attempted, solicited, or conspired to commit an act with a child or pupil constituting a violation of the offenses listed in subsection (1);
(ii) the school employee, contractor, or agent has been charged with and acquitted or otherwise exonerated of the alleged violation; or
(iii) there have been no charges filed against the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.
(3) This section applies to current or former school employees, contractors, and agents of both public and nonpublic schools.
History: En. Sec. 3, Ch. 305, L. 2019.

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