Montana legislation · 2025 Regular Session
Montana SB138: Revise education laws related to a teacher's authority to maintain a positive classroom environment
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act revising education laws to affirm a teacher's authority to maintain a positive classroom learning environment; requiring school district trustees to affirm this authority in policy or employee agreements; allowing teachers in qualifying districts to temporarily exclude a pupil from the classroom if the pupil's behavior impedes teaching or learning; requiring that a pupil excluded from a classroom returns only when a return plan is communicated to the teacher; and providing an effective date and an applicability date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING EDUCATION LAWS TO AFFIRM A TEACHER'S AUTHORITY TO MAINTAIN A POSITIVE CLASSROOM LEARNING ENVIRONMENT; REQUIRING SCHOOL DISTRICT TRUSTEES TO AFFIRM THIS AUTHORITY IN POLICY OR EMPLOYEE AGREEMENTS; ALLOWING TEACHERS IN QUALIFYING DISTRICTS TO TEMPORARILY EXCLUDE A PUPIL FROM THE CLASSROOM IF THE PUPIL'S BEHAVIOR IMPEDES TEACHING OR LEARNING; REQUIRING THAT A PUPIL EXCLUDED FROM A CLASSROOM RETURNS ONLY WHEN A RETURN PLAN IS COMMUNICATED TO THE TEACHER; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Teacher authority to maintain positive classroom learning environment. (1) Pursuant to 20-4-302 AND 20-5-201, a teacher has the authority to maintain a positive classroom learning environment AND EXERCISE AUTHORITY OVER PUPILS IN THE CLASSROOM. The trustees of a school district shall adopt a policy or include language in employee agreements defining the authority and procedure to be used by a teacher IN A SCHOOL OF THE DISTRICT WITH AT LEAST A HALF-TIME PRINCIPAL in the temporary exclusion of a pupil from the teacher's classroom in accordance with the minimum requirements of this section. The policy or languagemay provide a teacher with greater authority than that provided in this section but may not contradict DUE PROCESS FOR ANY PUPIL OR THE …