Outline of the state of Montana
Minimal assurances of due process

Disciplinary Due Process

Disciplinary Due Process

State law establishes minimal assurances of due process for students facing disciplinary action.

Administrative Rules of Montana 10.55.701 Board of trustees

(2) Each school district shall make available to the staff and public:

  • (a) goals that reflect the district's strategic plan of education;

  • (b) sequential curriculum for each program area that aligns to the content Standard, specific grade-level learning progressions, and program area Standard;

  • (c) policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported;

  • (d) policies that delineate the responsibilities of the local board of trustees, superintendent, and personnel employed by the school district. The local board of trustees shall review these policies on a regular basis ;

  • (e) a policy on student, parent, and school employee due process rights;

Policy Type

Montana Code Annotated 20.5.202 Suspension and expulsion

(1) As provided in 20-4-302, 20-4-402, and 20-4-403, a pupil may be suspended by a teacher, superintendent, or principal. The trustees of the district shall adopt a policy defining the authority and procedure to be used by a teacher, superintendent, or principal in the suspension of a pupil and in defining the circumstances and procedures by which the trustees may expel a pupil. Expulsion is any removal of a pupil for more than 20 school days without the provision of educational services and is a disciplinary action available only to the trustees. A pupil may be suspended from school for an initial period not to exceed 10 school days. Upon a finding by a school administrator that the immediate return to school by a pupil would be detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a pupil may be suspended for one additional period not to exceed 10 school days if the pupil is granted an informal hearing with the school administrator prior to the additional suspension and if the decision to impose the additional suspension does not violate the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.

Policy Type