How to Homeschool in Montana

Montana compulsory enrollment law is met if a parent or guardian has his or her child enrolled in a nonpublic or home school that complies with the provisions of Mont. Code Ann. §§20-5-109. Mont. Code Ann. §§20-5-102.

"A parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when the parent, guardian, or person establishes residence in the district unless the child is enrolled in a nonpublic or home school that complies with the provisions of Mont. Code Ann. §§20-5-109.

For the purposes of this subsection (2)(e), a home school is the instruction by a parent of the parent's child, stepchild, or ward in the parent's residence and a nonpublic school includes a parochial, church, religious, or private school." Mont. Code Ann. §§20-5-102(2)(e).

A home school must:
(1) maintain and make available to the county superintendent (upon request) attendance and disease immunization records;
(2) meet the minimum aggregate hours of instruction in accordance with Mont. Code Ann. §§20-1-301 and Mont. Code Ann. §§20-1-302;
(3) must be housed in a building that complies with applicable local health and safety regulations;
(4) "provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to Mont. Code Ann. §§20-7-111"; and
(5) in the case of home schools, shall "notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school." Mont. Code Ann. §§20-5-109.

"Subject to the provisions of Mont. Code Ann. §§20-5-109, a parent has the authority to instruct the parent's child, stepchild, or ward in a home school and is solely responsible for:
(1) the educational philosophy of the home school;
(2) the selection of instructional materials, curriculum, and textbooks;
(3) the time, place, and method of instruction; and
(4) the evaluation of the home school instruction." Mont. Code Ann. §§20-5-111. Students must be given a study course that involves instruction in the subjects required of public schools as defined in Mont. Code Ann. §§20-7-111.

Nonpublic students may not participate in public school district sports programs based on district policy. The Supreme Court of Montana ruled in favor of districts limiting participation to public school students when the primary interest of the district is to focus on developing the full academic potential in each student rather than permitting any student to play sports. Kaptein v. Conrad School District, 931 P.2d 1311 (Mont. 1997).

Contact Information

Montana Office of Public Instruction
P.O. Box 202501
Helena, MT 59620-2501
Phone: 406-444-3095
Toll-Free: 888-231-9393
Fax: 406-444-1369
Website: https://opi.mt.gov/

Source: United States Department of Education - Montana State Regulations

Mont. Code Ann.§20-5-102(2), Montana law provides that a “parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when he establishes residence in the district unless the child is:

(e) enrolled in a nonpublic or home school that complies with the provisions of §20-5-109.

For the purposes of this subsection (e), a home school is the instruction by a parent of his child, stepchild, or ward in his residence and a nonpublic school includes a parochial, church, religious, or private school. ”

Home School Requirements.

Section §20-5-109 Mont. Code Ann. states: "To qualify its students for exemption from compulsory enrollment under §20-5-102, a nonpublic or home school:

Notify the County Superintendent

Shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school."

Maintain Records

Maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request.

Hours of Instruction

Shall provide at least the minimum aggregate hours of pupil instruction in accordance with §20-1-301 and §20-1-302.

The minimum aggregate hours required by grade are:
(a) 360 hours for a half-time kindergarten program or 7§20 hours for a full-time kindergarten program, as provided in §20-7-117;
(b) 7§20 hours for grades 1 through 3; and
(c) 1,080 hours for grades 4 through 12.

Required Subjects

Shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to §20-7-111; and

Place of Instruction

Must be housed in a building that complies with applicable local health and safety regulations.

Responsibilities and Rights of Parent Who Provides Home School and Rights of Child in Home School.

Section §20-5-111, Mont. Code. Ann., states that “[s]ubject to the provisions of §20-5-109, a parent has the authority to instruct his child, stepchild, or ward in a home school and is solely responsible for:
(1) the educational philosophy of the home school;
(2) the selection of instructional materials, curriculum, and textbooks;
(3) the time, place, and method of instruction; and (4) the evaluation of the home school instruction.” Mont. Code Ann, § §20-5-111.

Home School and Individuals with Disabilities Education Act (IDEA)

In Montana, homeschooled students that are registered with the county superintendent of schools are considered parentally placed private school students. These students must be treated the same as other parentally placed private school students under the IDEA.

No parentally placed private school student with a disability has an individual right to receive some or all of the special education and related services that the student would receive if fully enrolled in a public school. 34 CFR 300.137.

Additional information on the IDEA and private school students can be found in OPI’s Special Education in Montana guide.

Montana OPI Last Updated October §20§20

MONTANA CODE ANNOTATED - §2017

§20-1-301. School fiscal year.

(1) The school fiscal year begins on July 1 and ends on June 30. At least the minimum aggregate hours defined in subsection

(2) must be conducted during each school fiscal year, except that 1,050 aggregate hours of pupil instruction for graduating seniors may be sufficient or a minimum of 360 aggregate hours of pupil instruction must be conducted for a kindergarten program, as provided in §20-7-117.

The minimum aggregate hours required by grade are:
(a) 360 hours for a half-time kindergarten program or 7§20 hours for a full-time kindergarten program, as provided in §20-7-117;
(b) 7§20 hours for grades 1 through 3; and
(c) 1,080 hours for grades 4 through 12.

For any elementary or high school district that fails to provide for at least the minimum aggregate hours, as listed in subsections (1) and (2), the superintendent of public instruction shall reduce the direct state aid for the district for that school year by two times an hourly rate, as calculated by the office of public instruction, for the aggregate hours missed. §20-1-302. School term, day, and week.

(1) Subject to §20-1-301, §20-1-308, and any applicable collective bargaining agreement covering the employment of affected employees, the trustees of a school district shall set the number of days in a school term, the length of the school day, and the number of school days in a school week and report them to the superintendent of public instruction.

(2) When proposing to adopt changes to a previously adopted school term, school week, or school day, the trustees shall:
(a) negotiate the changes with the recognized collective bargaining unit representing the employees affected by the changes;
(b) solicit input from the employees affected by the changes but not represented by a collective bargaining agreement; and
(c) solicit input from the people who live within the boundaries of the school district.

§20-5-102. Compulsory enrollment and excuses.

(1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to be instructed in the program prescribed by the board of public education pursuant to §20-7-111 until the later of the following dates:
(a) the child's 16th birthday; or
(b) the date of completion of the work of the 8th grade.

(2) A parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when the parent, guardian, or person establishes residence in the district unless the child is:
(a) enrolled in a school of another district or state under any of the tuition provisions of this title;
(b) provided with supervised correspondence study or supervised home study under the transportation provisions of this title;
(c) excused from compulsory school attendance upon a determination by a district judge that attendance is not in the best interest of the child;
(d) excused by the board of trustees upon a determination that attendance by a child who has attained the age of 16 is not in the best interest of the child and the school; or
(e) enrolled in a nonpublic or home school that complies with the provisions of §20-5-109.

For the purposes of this subsection (2)(e), a home school is the instruction by a parent of the parent's child, stepchild, or ward in the parent's residence and a nonpublic school includes a parochial, church, religious, or private school.

§20-5-103. Compulsory attendance and excuses. (1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to attend the school in which he is enrolled for the school term and each school day therein prescribed by the trustees of the district until the later of the following dates:
(a) the child's 16th birthday;
(b) the date of completion of the work of the 8th grade.

(2) The provisions of subsection (1) do not apply in the following cases:
(a) The child has been excused under one of the conditions specified in §20-5-102.
(b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of the trustees.
(c) The child has been suspended or expelled under the provisions of §20-5-§202.

§20-5-109. Nonpublic school requirements for compulsory enrollment exemption. To qualify its students for exemption from compulsory enrollment under §20-5-102, a nonpublic or home school:
(1) shall maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request;
(2) shall provide at least the minimum aggregate hours of pupil instruction in accordance with §20-1-301 and §20-1-302;
(3) must be housed in a building that complies with applicable local health and safety regulations;
(4) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to §20-7-111; and
(5) in the case of home schools, shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school.

§20-5-110. School district assessment for placement of a child who enrolls from a non-accredited, nonpublic school. The trustees of a school district shall:

(1) adopt a district policy on assessment for placement of any child who enrolls in a school of the district and whose previous place of instruction was a nonpublic school that is not accredited

(2) include in the adopted policy the following provisions:
(a) the specific assessment for placement to be administered to any child subject to the provisions of subsection (1);
(b) a procedure for grade and program placement of the child based on results of the assessment for placement, including considerations for the age and identified abilities of the child; and
(c) a hearing process before the board of trustees of the district if the parent or guardian of a child is not in agreement with the placement of the child and requests a hearing before the board

(3) administer the adopted policy required in subsection (1) in a uniform and fair manner.

§20-5-111. Responsibilities and rights of parent who provides home school -- rights of child in home school. Subject to the provisions of §20-5-109, a parent has the authority to instruct his child, stepchild, or ward in a home school and is solely responsible for:
(1) the educational philosophy of the home school;
(2) the selection of instructional materials, curriculum, and textbooks; and
(3) the time, place, and method of instruction; and
(4) the evaluation of the home school instruction.

§20-7-111. Instruction in public schools. The board of public education shall define and specify the basic instructional program for pupils in public schools, and such program shall be set forth in the standards of accreditation. Other instruction may be given when approved by the board of trustees.

Montana Home Schooling Links

• Montana Home School Information Packet
• Montana's Just for Families Homeschooling
• Directory of Montana Schools- search by county.
• Montana Home Private School COVID Funding

Source: Montana Department of Education