68th Legislature HB 338.1
1 HOUSE BILL NO. 338
2 INTRODUCED BY J. WINDY BOY, C. KEOGH, T. RUNNING WOLF, D. HAWK, E. KERR-CARPENTER, A.
3 BUCKLEY, M. THANE, F. SMITH, M. HOPKINS, J. FITZPATRICK, K. ABBOTT, P. TUSS, S. STEWART
4 PEREGOY, M. ROMANO, S. HOWELL
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING INDIAN EDUCATION FOR ALL; PROVIDING A
7 DEFINITION OF "EDUCATIONAL AGENCY"; REQUIRING SCHOOL DISTRICTS TO PROVIDE INDIAN
8 EDUCATION FOR ALL; ENHANCING THE REPORTING REQUIREMENTS FOR INDIAN EDUCATION FOR
9 ALL FUNDS DISTRIBUTED TO SCHOOL DISTRICTS; AMENDING SECTIONS 20-1-501, 20-1-502, 20-1-503,
10 AND 20-9-329, MCA; AND PROVIDING AN EFFECTIVE DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 Section 1. Section 20-1-501, MCA, is amended to read:
15 "20-1-501. Recognition of American Indian cultural heritage -- legislative intent. (1) It is the
16 constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American
17 Indians and to be committed in its educational goals to the preservation of their cultural heritage.
18 (2) It is the intent of the legislature that in accordance with Article X, section 1(2), of the Montana
19 constitution:
20 (a) every Montanan, whether Indian or non-Indian, be encouraged to learn about the distinct and
21 unique heritage of American Indians in a culturally responsive manner; and
22 (b) every educational agency and all educational personnel will work cooperatively with Montana
23 tribes or those tribes that are in close proximity, when providing instruction or when implementing an
24 educational goal or adopting a rule related to the education of each Montana citizen, to include information
25 specific to the cultural heritage and contemporary contributions of American Indians, with particular emphasis
26 on Montana Indian tribal groups and governments.
27 (3) It is also the intent of this part, predicated on the belief that all school personnel should have an
28 understanding and awareness of Indian tribes to help them relate effectively with Indian students and parents,
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68th Legislature HB 338.1
1 that educational personnel agencies provide means by which school personnel will gain an understanding of
2 and appreciation for the American Indian people."
3
4 Section 2. Section 20-1-502, MCA, is amended to read:
5 "20-1-502. American Indian studies -- definitions. As used in this part, the following definitions
6 apply:
7 (1) "American Indian studies" means instruction pertaining to the history, traditions, customs,
8 values, beliefs, ethics, and contemporary affairs of American Indians, particularly Indian tribal groups in
9 Montana.
10 (2) "Educational agency" means:
11 (a) the Montana university system;
12 (b) professional educator preparation programs accredited by the board of public education;
13 (c) the board of public education;
14 (d) the office of public instruction; and
15 (e) school districts.
16 (2)(3) "Instruction" means:
17 (a) a formal course of study or class, developed with the advice and assistance of Indian people,
18 that is offered separately or that is integrated into existing accreditation standards by a unit of the university
19 system or by an accredited tribal community college located in Montana, including a teacher education program
20 within the university system or a tribal community college located in Montana, or by the board of trustees of a
21 school district;
22 (b) inservice training developed by the superintendent of public instruction in cooperation with
23 educators of Indian descent and made available to school districts;
24 (c) inservice training provided by a local board of trustees of a school district, which is developed
25 and conducted in cooperation with tribal education departments, tribal community colleges, or other recognized
26 Indian education resource specialists; or
27 (d) inservice training developed by professional education organizations or associations in
28 cooperation with educators of Indian descent and made available to all certified and classified personnel."
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68th Legislature HB 338.1
1
2 Section 3. Section 20-1-503, MCA, is amended to read:
3 "20-1-503. Qualification in Indian studies -- trustees and noncertified personnel Indian
4 education for all. (1) The board of trustees for an elementary or secondary public school district may require
5 that all of its certified personnel satisfy the requirements for instruction in American Indian studies. Pursuant to
6 Article X, section 8, of the Montana constitution, this requirement may be a local school district requirement with
7 enforcement and administration solely the responsibility of the local board of trustees. Pursuant to this part and
8 20-9-329 and the definition of basic system of free quality public elementary and secondary schools under 20-
9 9-309, the board of trustees of a school district shall ensure that all certified personnel and all students receive
10 instruction in American Indian studies.
11 (2) Members of boards of trustees and all noncertified personnel in public school districts are
12 encouraged to satisfy the requirements for instruction in American Indian studies."
13
14 Section 4. Section 20-9-329, MCA, is amended to read:
15 "20-9-329. Indian education for all payment. (1) The Except as provided in subsection (5), the state
16 shall provide an Indian education for all payment to public school districts, as defined in 20-6-101 and 20-6-701,
17 to implement the provisions of Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5.
18 (2) The Indian education for all payment is calculated as provided in 20-9-306 and is a component
19 of the BASE budget of the district.
20 (3) The district shall deposit the payment in the general fund of the district.
21 (4) (a) A public school district that receives an Indian education for all payment may not divert the
22 funds to any purpose other than curriculum development, providing curriculum and materials to students, and
23 providing training to teachers about the curriculum and materials.
24 (b) A public school district shall file an annual report with the office of public instruction, in a form
25 prescribed by the superintendent of public instruction, that specifies how the Indian education for all funds were
26 expended. In addition to the expenditure reporting, the report must include detailed descriptions of:
27 (i) the instruction provided to certified personnel and students as required under 20-1-503; and
28 (ii) how this instruction was developed cooperatively with the advice and assistance of Montana
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68th Legislature HB 338.1
1 tribes pursuant to Title 20, chapter 1, part 5.
2 (5) A school district that fails to file the annual report required under subsection (4) is ineligible for
3 the funding under this section until the report is filed."
4
5 NEW SECTION. Section 5. Notification to tribal governments. The secretary of state shall send a
6 copy of [this act] to each federally recognized tribal government in Montana.
7
8 NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2023.
9 - END -
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Statutes affected: HB0338_1.pdf: 20-1-501, 20-1-502, 20-1-503, 20-9-329
HB0338_2.pdf: 20-1-501, 20-1-502, 20-1-503, 20-9-329
HB0338_3.pdf: 20-1-501, 20-1-502, 20-1-503, 20-9-329
HB0338_4.pdf: 20-1-501, 20-1-502, 20-1-503, 20-9-329
Amended: 20-1-501, 20-1-502, 20-1-503, 20-9-329
Introduced: 20-1-501, 20-1-502, 20-1-503, 20-9-329