Bill Summary – FastDemocracy

68th Legislature                                                                                                          HB 394.1
                                                    HOUSE BILL NO. 394
                                             INTRODUCED BY J. WINDY BOY
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE EDUCATION
   OF AMERICAN INDIAN CHILDREN AND THE GOVERNMENT-TO-GOVE RNME NT RELATIONSHIP
   BETWEEN MONTANA AND THE TRIBAL NATIONS LOCATED IN MONTANA; ESTABLISHING A
   COLLABORATIVE EXPLORATION OF THE CREATION OF STATE-TRIBAL EDUCATION ACCORDS AND
   STATE-TRIBAL EDUCATION ACCORD SCHOOLS; PROVIDING DUTIES FOR THE BOARD OF PUBLIC
   EDUCATION AND A TIMELINE FOR THE PROJECT; ESTABLISHING REPORTING REQUIREMENTS;
   PROVIDING A DEFINITION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION
   DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.        Collaborative exploration of state-tribal education accords and
   state-tribal education accord schools. (1) In collaboration with f ederally recognized tribes and tribal
   organizations in the state, the board of public education shall explore the creation of state-tribal education
   accords to establish state-tribal education accord schools as described in this section. The purpose of the
   exploration is to determine how the creation of accords and accord schools would contribute to:
              (a)    better developing the educational potential of American Indian children;
              (b)    f urthering the state's commitment in its educational goals to the preservation of American
   Indian cultural integrity; and
              (c)    enhancing the self -determination of the tribal nations located in the state.
              (2)    A governing body of a f ederally recognized tribe in in the state may initiate the exploration
   described in subsection (1) by submitting, no later than September 30, 2023, a resolution to the board that
   identif ies the tribal organizations, if any, that will participate on behalf of or in conjunction with the f ederally
   recognized tribe. If the board does not receive a resolution by September 30, 2023, the board is under no
   obligation to continue the exploration.
                                                                   -1-                        Authorized Print Version – HB 394
68th Legislature                                                                                                      HB 394.1
               (3)     (a) Not later than December 1, 2023, the board shall initiate meetings with the governing
   bodies of the f ederally recognized tribes that submitted a resolution under subsection (2) and any tribal
   organization identif ied in the resolution by the f ederally recognized tribe to discuss and develop a f ramework f or
   state-tribal education accords. For each participating tribe, at least one school district likely to have a state-tribal
   education accord school located within the school district's boundaries must be invited to participate in the
   meetings, including:
               (i)     the board of trustees of the school district; and
               (ii)    a representative of the collective bargaining unit that represents the teachers of the school
   district.
               (b)     The accord f ramework must address at least the f ollowing:
               (i)     the duration and terms of accords;
               (ii)    the governance of and f lexibilities extended to accord schools;
               (iii)   the f unding of accord schools;
               (iv)    accountability metrics f or the perf ormance of accord schools.
               (4)     Not later than September 1, 2024, the board shall submit a report containing recommendations
   to the education interim committee and the state-tribal relations committee relating to its collaborative
   exploration of state-tribal education accords and state-tribal education accord schools. The board may include
   in the report recommendations f or proposed legislation relating to state-tribal education accords and state-tribal
   education accord schools. The board shall consult with the f ederally recognized tribes and tribal organizations
   that participated in the exploration bef ore submitting the report required under this subsection.
               (5)     A state-tribal education accord f or the operation of a state-tribal education accord school may
   be entered into only af ter enactment into law on or bef ore July 1, 2025, of a bill authorizing the implementation
   of state-tribal education accords and state-tribal education accord schools.
               (6)     For the purposes of this section, unless the context clearly indicates otherwise, the term
   "board" means the board of public education.
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               NEW SECTION. Section 2.        Notification to tribal governments. The secretary of state shall send a
   copy of [this act] to each f ederally recognized tribal government in Montana.
                                                                   -2-                        Authorized Print Version – HB 394
68th Legislature                                                                                                  HB 394.1
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              NEW SECTION. Section 3.   Effective date. [This act] is ef f ective on passage and approval.
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              NEW SECTION. Section 4.   Termination. [Section 1] terminates June 30, 2025.
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                                                             -3-                     Authorized Print Version – HB 394