20-7-401. Definitions. In this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Child with a disability" means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services.
(2) "Free appropriate public education" means special education and related services that:
(a) are provided at public expense under public supervision and direction and without charge;
(b) meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;
(c) include preschool, elementary school, and high school education in Montana; and
(d) are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.
(3) "Related services" means services in accordance with regulations of the Individuals With Disabilities Education Act that are required to assist a child with a disability to benefit from special education.
(4) "Special education" means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with a disability, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.
(5) "State-operated adult health care facility providing special education services to its residents" means the Montana state hospital, the Montana mental health nursing care center, or the Montana chemical dependency treatment center.
(6) "Surrogate parent" means an individual appointed to safeguard a child's rights and protect the child's interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.
History: En. 75-7801 by Sec. 419, Ch. 5, L. 1971; amd. Sec. 1, Ch. 93, L. 1974; amd. Sec. 27, Ch. 266, L. 1977; amd. Sec. 1, Ch. 539, L. 1977; R.C.M. 1947, 75-7801; amd. Sec. 1, Ch. 311, L. 1981; amd. Sec. 1, Ch. 461, L. 1983; amd. Sec. 1, Ch. 560, L. 1985; amd. Sec. 1, Ch. 618, L. 1985; amd. Sec. 6, Ch. 413, L. 1989; amd. Sec. 19, Ch. 16, L. 1991; amd. Sec. 3, Ch. 249, L. 1991; amd. Sec. 1, Ch. 356, L. 1993; amd. Sec. 19, Ch. 472, L. 1997; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 479, L. 2003; amd. Sec. 1, Ch. 44, L. 2011; amd. Sec. 6, Ch. 444, L. 2015.
Structure Montana Code Annotated
Chapter 7. School Instruction and Special Programs
Part 4. Special Education for Exceptional Children
20-7-402. Special education to comply with board policies
20-7-403. Duties of superintendent of public instruction
20-7-404. Cooperation of state agencies
20-7-405. through 20-7-410 reserved
20-7-411. Regular classes preferred -- obligation to establish special education program
20-7-414. Determination of children in need and type of special education needed
20-7-416. through 20-7-418 reserved
20-7-420. Residency requirements -- financial responsibility for special education
20-7-421. Arranging attendance in another district in lieu of a special education program -- tuition
20-7-422. Out-of-state placement of child with disability -- payment of costs
20-7-424. No tuition when attending state institution
20-7-425. through 20-7-430 reserved
20-7-432. through 20-7-434 reserved
20-7-438. through 20-7-440 reserved
20-7-443. Financial assistance special education services for children under 6 years of age
20-7-444. through 20-7-450 reserved
20-7-451. Authorization to create full service education cooperatives
20-7-452. Detailed contents of full service education cooperative contracts
20-7-454. Final approval and filing of full service education cooperative contract
20-7-456. Tenure of teachers employed by cooperatives
20-7-457. Funding provisions for special education cooperatives
20-7-459. and 20-7-460 reserved
20-7-461. Appointment and termination of appointment of surrogate parent
20-7-462. Responsibilities of surrogate parent
20-7-463. Surrogate parent -- immunity from liability -- reimbursement
20-7-464. through 20-7-468 reserved
20-7-469. Dyslexia -- definition -- screening -- intervention
20-7-470. Blind persons' literacy rights and education -- short title
20-7-471. Blind persons' literacy rights and education -- definitions
20-7-472. Individualized education program for child with blindness
20-7-473. Standards of competency and instruction -- Braille reading and writing
20-7-474. Instructional materials and Braille equipment -- Braille equipment loan program
20-7-475. Blind persons' literacy rights and education -- personnel training