Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                              HB 913.1
                                                 HOUSE BILL NO. 913
            INTRODUCED BY B. BARKER, D. BEDEY, F. ANDERSON, L. REKSTEN, J. BERGSTROM
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING SCHOOL LIBRARY LAWS; REQUIRING
  SCHOOL TRUSTEES TO ADOPT POLICIES GOVERNING THE SELECTION OF SCHOOL LIBRARY
  MATERIALS; REQUIRING THE TRUSTEES TO PROVIDE A PROCESS FOR A REGISTERED ELECTOR OF
  THE DISTRICT TO REQUEST THE RECONSIDERATION OF MATERIAL INCLUDED IN A SCHOOL
  LIBRARY COLLECTION; REQUIRING THE TEMPORARY OR PERMANENT REMOVAL OF MATERIAL
  FROM A SCHOOL LIBRARY COLLECTION IF CERTAIN THRESHOLDS ARE MET; REQUIRING THE
  TRUSTEES TO ISSUE A WRITTEN DECISION REGARDING THE DISPOSITION OF A REQUEST FOR
  RECONSIDERATION; PROVIDING THAT THE TRUSTEES' DECISION MAY BE APPEALED DIRECTLY TO
  DISTRICT COURT; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 20-3-210, 20-3-324, 20-7-
  203, AND 20-7-204, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 20-3-210, MCA, is amended to read:
          "20-3-210.    Controversy appeals and hearings. (1) Except for disputes arising under the terms of a
  collective bargaining agreement or as provided under 20-3-211 or, 20-4-208, or [section 5], the county
  superintendent shall hear and decide all matters of controversy arising in the county as a result of decisions of
  the trustees of a district in the county. Only a county superintendent who possesses the qualifications of 20-3-
  201(2) may hear controversies related to teacher termination. Except as provided in subsection (2), exhaustion
  of administrative remedies under this chapter is required prior to filing an action in district court concerning a
  decision of the trustees. When appeals are made under 20-4-204 relating to the termination of services of a
  tenure teacher or under 20-4-207 relating to the dismissal of a teacher under contract, the county
  superintendent may appoint a qualified attorney to act as a legal adviser who shall assist the superintendent in
  preparing findings of fact and conclusions of law. Subsequently, either the teacher or trustees may appeal to
  the district court of the county in which the teacher was employed. The proceedings must be commenced not
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68th Legislature 2023                                                                                                 HB 913.1
  later than 60 days after the date of the decision of the county superintendent. The county superintendent shall
  hear and decide all controversies arising under:
             (a)    20-5-320 and 20-5-321 relating to the approval of out-of-district attendance agreements; or
             (b)    any other provision of this title for which a procedure for resolving controversies is not
  expressly prescribed.
             (2)    Exhaustion of administrative remedies is not a prerequisite to filing an action in district court
  concerning a decision of the trustees of a district in the following instances:
             (a)    a state agency has been granted primary jurisdiction over the matter;
             (b)    the matter is governed by a specific statute; or
             (c)    the board of trustees has acted without jurisdiction or in excess of its jurisdiction.
             (3)    The county superintendent shall hear the appeal and take testimony in order to determine the
  facts related to the controversy and may administer oaths to the witnesses that testify at the hearing. The
  county superintendent shall prepare a written transcript of the hearing proceedings. The decision on the matter
  of controversy that is made by the county superintendent must be based upon the facts established at the
  hearing.
             (4)    Except for teacher termination cases, the decision of the county superintendent may be
  appealed to the superintendent of public instruction, and if it is appealed, the county superintendent shall supply
  a transcript of the hearing and any other documents entered as testimony at the hearing to the superintendent
  of public instruction. In teacher termination cases, an appeal may be filed with the district court of the county in
  which the teacher was employed no later than 60 days after the date of the decision of the county
  superintendent. If an appeal is filed, the county superintendent shall provide a transcript of the hearing and any
  other documents entered as testimony at the hearing to the district court.
             (5)    Cost incurred by the office of the county superintendent must be paid from the general fund
  budget of the county in which the controversy is initiated."
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             Section 2. Section 20-3-324, MCA, is amended to read:
             "20-3-324.   Powers and duties. As prescribed elsewhere in this title, the trustees of a district shall
  exercise supervision and control of the schools of the district in providing its educational program pursuant to
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68th Legislature 2023                                                                                                 HB 913.1
  Article X, section 8, of the Montana constitution, and shall:
           (1)       employ or dismiss a teacher, principal, or other assistant upon the recommendation of the
  district superintendent, the county high school principal, or other principal as the board considers necessary,
  accepting or rejecting any recommendation as the trustees in their sole discretion determine, in accordance
  with the provisions of Title 20, chapter 4;
           (2)       employ and dismiss administrative personnel, clerks, secretaries, teacher's aides, custodians,
  maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel
  considered necessary to carry out the various services of the district;
           (3)       administer the attendance and tuition provisions and govern the pupils of the district in
  accordance with the provisions of the pupils chapter of this title;
           (4)       call, conduct, and certify the elections of the district in accordance with the provisions of the
  school elections chapter of this title;
           (5)       participate in the teachers' retirement system of the state of Montana in accordance with the
  provisions of the teachers' retirement system chapter of Title 19;
           (6)       participate in district boundary change actions in accordance with the provisions of the school
  districts chapter of this title;
           (7)       organize, open, close, or acquire isolation status for the schools of the district in accordance
  with the provisions of the school organization part of this title;
           (8)       adopt and administer the annual budget or a budget amendment of the district in accordance
  with the provisions of the school budget system part of this title;
           (9)       conduct the fiscal business of the district in accordance with the provisions of the school
  financial administration part of this title;
           (10)      establish the ANB, BASE budget levy, over-BASE budget levy, additional levy, operating
  reserve, and state impact aid amounts for the general fund of the district in accordance with the provisions of
  the general fund part of this title;
           (11)      establish, maintain, budget, and finance the transportation program of the district in accordance
  with the provisions of the transportation parts of this title;
           (12)      issue, refund, sell, budget, and redeem the bonds of the district in accordance with the
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68th Legislature 2023                                                                                               HB 913.1
  provisions of the bonds parts of this title;
            (13)    when applicable, establish, financially administer, and budget for the tuition fund, retirement
  fund, building reserve fund, adult education fund, nonoperating fund, school food services fund, miscellaneous
  programs fund, building fund, lease or rental agreement fund, traffic education fund, impact aid fund, interlocal
  cooperative fund, and other funds as authorized by the state superintendent of public instruction in accordance
  with the provisions of the other school funds parts of this title;
            (14)    when applicable, administer any interlocal cooperative agreement, gifts, legacies, or devises in
  accordance with the provisions of the miscellaneous financial parts of this title;
            (15)    hold in trust, acquire, and dispose of the real and personal property of the district in accordance
  with the provisions of the school sites and facilities part of this title;
            (16)    operate the schools of the district in accordance with the provisions of the school calendar part
  of this title;
            (17)    set the length of the school term, school day, and school week in accordance with 20-1-302;
            (18)    establish and maintain the educational program of the schools of the district in accordance with
  the provisions of the instructional services, textbooks, K-12 career and vocational/technical education, and
  special education parts of this title. In undertaking its duties related to the district's educational program, the
  board of trustees may:
            (a)     waive any specific course requirement otherwise required for graduation based on individual
  student needs and performance levels, age, maturity, interest, and aspirations of the pupil, in consultation with
  the pupil's parents or guardians; and
            (b)     provide credit for a course satisfactorily completed in a period of time shorter or longer than
  normally required as set forth in 20-9-311(4)(d) or through content proficiency gained through alternative
  means. Examples of alternative means by which content proficiency may be achieved include but are not
  limited to correspondence, extension, and distance learning courses, adult education, summer school, work
  study, work-based learning partnerships, and other experiential learning opportunities, custom-designed
  courses, and challenges to current courses. Montana schools shall accept units of credit taken with the
  approval of the accredited Montana school in which the student was then enrolled and which appear on the
  student's official school transcript.
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68th Legislature 2023                                                                                             HB 913.1
          (19)     establish and maintain the school food services of the district in accordance with the provisions
  of the school food services parts of this title;
          (20)     make reports from time to time as the county superintendent, superintendent of public
  instruction, and board of public education may require;
          (21)     retain, when considered advisable, a physician or registered nurse to inspect the sanitary
  conditions of the school or the general health conditions of each pupil and, upon request, make available to any
  parent or guardian any medical reports or health records maintained by the district pertaining to the child;
          (22)     for each member of the trustees, visit each school of the district not less than once each school
  fiscal year to examine its management, conditions, and needs, except that trustees from a first-class school
  district may share the responsibility for visiting each school in the district;
          (23)     procure and display outside daily in suitable weather on school days at each school of the
  district an American flag representing the United States and manufactured in the United States that measures
  not less than 3 feet by 5 feet;
          (24)     provide that an American flag representing the United States and manufactured in the United
  States that measures at least 16 inches by 24 inches be prominently displayed in each classroom in each
  school of the district no later than the beginning of the school year, except in a classroom in which the flag may
  get soiled. Districts are encouraged to work with military organizations and civic groups to acquire flags through
  donation, and this requirement is waived if the flags are not provided by a military organization or civic group.
          (25)     for grades 7 through 12, provide that legible copies of the United States constitution, the United
  States bill of rights, and the Montana constitution printed in the United States or in electronic form are readily
  available in every classroom no later than the beginning of the school year. Districts are encouraged to work
  with civic groups to acquire the documents through donation, and this requirement is waived if the documents
  are not provided by a civic group.
          (26)     adopt and administer a district policy on assessment for placement of any child who enrolls in a
  school of the district from a nonpublic school that is not accredited, as required in 20-5-110;
          (27)     upon request and in compliance with confidentiality requirements of state and federal law,
  disclose to interested parties school district student assessment data for any test required by the board of
  public education;
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68th Legislature 2023                                                                                              HB 913.1
          (28)     consider and may enter into an interlocal agreement with a postsecondary institution, as
  defined in 20-9-706, that authorizes 11th and 12th grade students to obtain credits through classes available
  only at a postsecondary institution;
          (29)     approve or disapprove the conduct of school on a Saturday in accordance with the provisions
  of 20-1-303; and
          (30)     adopt and implement library selection and reconsideration policies in accordance with the
  provisions of 20-7-203, 20-7-204, and [section 5]; and
          (30)(31) perform any other duty and enforce any other requirements for the governance of the schools
  pursuant to the constitutional power of supervision and control of schools vested in elected school boards
  pursuant to Article X, section 8, of the Montana constitution as prescribed by this title, the policies of the board
  of public education, or the rules of the superintendent of public instruction."
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          Section 3. Section 20-7-203, MCA, is amended to read:
          "20-7-203.    Trustees' policies for school library. The trustees shall adopt those policies necessary
  for regulating the use and operation of exercise supervision and control of the school libraries of the district
  pursuant to Article X, section 8, of the Montana constitution and 20-3-324. These policies may provide for the
  use of school libraries by the residents of the district, provided that such use does not interfere with the regular
  school use of the library.
          (2)      The trustees shall adopt comprehensive policies addressing the use of, access to, and
  operation of school libraries. The policies must, at a minimum:
          (a)      provide the method for selection and approval of school library materials;
          (b)      require periodic curation, review, and revision of school library materials;
          (c)      specify who may check out library materials;
          (d)      authorize the assessment of fines for damaged or unreturned materials pursuant to 20-5-201;
          (e)      ensure that published reviews and references are available that contain information about the
  content, subject matter, and recommended audiences for school library materials to support parents and
  guardians in exercising their responsibility to guide their own children's reading and viewing;
          (f)      authorize the use of library materials by residents of the district, as long as the use by residents
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68th Legislature 2023                                                                                                 HB 913.1
  does not interfere with the regular school use of the library;
          (g)      provide for participation in interlibrary loan agreements as specified by the trustees; and
          (h)      specify the process for the reconsideration of school library materials pursuant to [section 5].
          (3)      The school library material selection policy must:
          (a)      align to principles that:
          (i)      support the primary objective of the school library to implement, enrich, and support the basic
  system of free quality public elementary and secondary schools as defined in 20-9-309;
          (ii)     support the curricula adopted by the trustees in accordance with 20-3-324; and
          (iii)    aid in pupil instruction as defined in 20-1-101; and
          (b)      ensure that school library materials:
          (i)      are suitable to appropriate levels of maturity, difficulty, and interest to promote the
  enlightenment of each pupil served by th