20-7-402. Special education to comply with board policies. (1) The conduct of special education programs must comply with the policies recommended by the superintendent of public instruction and adopted by the board of public education. These policies must ensure and include but are not limited to:
(a) placement of a child with a disability in the least restrictive environment;
(b) due process for a child with a disability, including the appointment of a surrogate parent if necessary;
(c) use of an evaluation team to identify a child with a disability and to plan individual education programs;
(d) an evaluation process consistent with the requirements of the Individuals With Disabilities Education Act; and
(e) other policies needed to ensure a free appropriate public education.
(2) The superintendent of public instruction shall promulgate rules to administer the policies of the board of public education.
History: En. 75-7802 by Sec. 420, Ch. 5, L. 1971; amd. Sec. 2, Ch. 539, L. 1977; R.C.M. 1947, 75-7802; amd. Sec. 2, Ch. 618, L. 1985; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 255, L. 2005.
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