Montana Code Annotated

Mont. Code Ann. § 20-7-401 (2026)

Definitions

✓ current as of May 2026

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TITLE 20. EDUCATION

CHAPTER 7. SCHOOL INSTRUCTION AND SPECIAL PROGRAMS

Part 4. Special Education for Exceptional Children

Definitions

20-7-401. Definitions. In this title, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Child with a disability" means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services.

(2) "Free appropriate public education" means special education and related services that:

(a) are provided at public expense under public supervision and direction and without charge;

(b) meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;

(d) are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.

(3) "Related services" means services in accordance with regulations of the Individuals With Disabilities Education Act that are required to assist a child with a disability to benefit from special education.

(4) "Special education" means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with a disability, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.

(5) "State-operated adult health care facility providing special education services to its residents" means the Montana state hospital, the Montana mental health nursing care center, or the Montana chemical dependency treatment center.

(6) "Surrogate parent" means an individual appointed to safeguard a child's rights and protect the child's interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.

History: En. 75-7801 by Sec. 419, Ch. 5, L. 1971; amd. Sec. 1, Ch. 93, L. 1974; amd. Sec. 27, Ch. 266, L. 1977; amd. Sec. 1, Ch. 539, L. 1977; R.C.M. 1947, 75-7801; amd. Sec. 1, Ch. 311, L. 1981; amd. Sec. 1, Ch. 461, L. 1983; amd. Sec. 1, Ch. 560, L. 1985; amd. Sec. 1, Ch. 618, L. 1985; amd. Sec. 6, Ch. 413, L. 1989; amd. Sec. 19, Ch. 16, L. 1991; amd. Sec. 3, Ch. 249, L. 1991; amd. Sec. 1, Ch. 356, L. 1993; amd. Sec. 19, Ch. 472, L. 1997; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 479, L. 2003; amd. Sec. 1, Ch. 44, L. 2011; amd. Sec. 6, Ch. 444, L. 2015.

Notes of Decisions

Cited in 5 cases, 1982–1992 · leading case: B. M. ex rel. Burger v. State, 649 P.2d 425 (Mont. 1982).

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B. M. ex rel. Burger v. State, 649 P.2d 425 (Mont. 1982). · cites it 3× “In addition, section 20-7-401, MCA, sets up a special class of students for which special education programs are provided.”

In re W.J.H., 736 P.2d 484 (Mont. 1987). · cites it 9× “The Youth Court held that the School District became legally responsible for the Youth’s education expenses as a result of the enactment of Chapter 655, Laws of 1985, which amended Section 20-7-401, MCA. All parties agree that the Youth Court misquoted the applicable statute.”

W.G. B.G., Individually & as Parents of R.G., a Minor v. Bd. of Trs. of Target Range Sch. Dist. No. 23, Missoula, Montana, 960 F.2d 1479 (9th Cir. 1992). “See Mont. Code Ann. § 20-7-401 et seq. State standards that are not inconsistent with federal standards are also enforceable in federal court.”

Matter of WJH, 736 P.2d 484 (Mont. 1987). · cites it 7× “The Youth Court held that the School District became legally responsible for the Youth's education expenses as a result of the enactment of Chapter 655, Laws of 1985, which amended § 20-7-401, MCA. All parties agree that the Youth Court misquoted the applicable statute.”

BM v. State, 649 P.2d 425 (Mont. 1982). · cites it 3× “In addition, section 20-7-401, MCA, sets up a special class of students for which special education programs are provided.”

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