Montana legislation · 2025 Regular Session
Montana HB168: Provide state funding for preschool children with disabilities
Status: Signed into law, May 19, 2025
What the bill says
An act revising school funding laws to provide that 3-year-old and 4-year-old children with disabilities participating in school district special education programs are eligible for inclusion in anb calculations; including preschool-aged children with disabilities in the list of exceptional circumstances that allows trustees to admit children beyond the age ranges of 5 to 19 to ensure that preschool-aged children with disabilities in a special education program of a district are considered pupils; amending sections 20-5-101 and 20-9-311, mca…
From the engrossed text:
AN ACT REVISING SCHOOL FUNDING LAWS TO PROVIDE THAT 3-YEAR-OLD AND 4-YEAR-OLD CHILDREN WITH DISABILITIES PARTICIPATING IN SCHOOL DISTRICT SPECIAL EDUCATION PROGRAMS ARE ELIGIBLE FOR INCLUSION IN ANB CALCULATIONS; INCLUDING PRESCHOOL-AGED CHILDREN WITH DISABILITIES IN THE LIST OF EXCEPTIONAL CIRCUMSTANCES THAT ALLOWS TRUSTEES TO ADMIT CHILDREN BEYOND THE AGE RANGES OF 5 TO 19 TO ENSURE THAT PRESCHOOL-AGED CHILDREN WITH DISABILITIES IN A SPECIAL EDUCATION PROGRAM OF A DISTRICT ARE CONSIDERED PUPILS; AMENDING SECTIONS 20-5-101 AND 20-9-311, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE. WHEREAS, section 20-7-411(3), MCA, obligates school districts to provide a special education program for each child with a disability beginning at age 3; and WHEREAS, the prohibition on including preschool pupils in annual number belonging (ANB) counts under section 20-9-311(7), MCA, applies specifically to preschool programs created at trustees' discretion under section 20-7-117(2), MCA; and WHEREAS, if preschool-aged children with disabilities receiving special education from a school district are not included in ANB counts, there is no mechanism for state financial support for their education. Section 1. Section 20-5-101, MCA, is amended to read: "20-5-101. Admittance of child to school. (1) The trustees shall assign and admit a child to a school in the district when the child is: (a) 5 years of age or older on or before September 10 of the …