Title IX Rules Update

On August 1, 2024, a Final Rule that amends Title IX rules from the United States Department of Education (ED) will take effect for much of the country, but not Montana and several other states.

A version of the current, pre-amendment rules can be found here for your reference. The order from the US District Court in Louisianna to enjoin the new rules from taking effect can be found here. The order from the US District Court of Appeals to deny a partial stay of the injunction can be found here.

 

The Legal Division of the Montana Office of Public Instruction (OPI) provides legal advice and services to the State Superintendent of Public Instruction and the agency generally.  Other duties of the Legal Division include, but are not limited to:

  1. Providing legal advice and services to the State Superintendent of Public Instruction in connection with Special Education matters;
  2. Assisting with appeals from County Superintendent decisions;
  3. Representing the State Superintendent and the OPI in court proceedings;
  4. Providing legal services and advice in connection with teacher certification, denial, suspension, and revocation;
  5. Assisting with the adoption and amendment of Montana Administrative Rules; and
  6. Assisting in the production and advocacy of legislation.
  7. Processing records requests

Please note that the Legal Division cannot provide legal advice to private citizens.  However, the Legal Division does house resources here on its site that may be of use to individuals seeking guidance in navigating legal issues.

 
 

Rob Stutz, Chief Legal Counsel: 406-444-4399

Rick Wootton, Lawyer: 406-444-0715

Brenton Craggs, Lawyer: 406-444-5882

Dispute Resolution Office for Special Education:

Mandi Gibbs, Director, Early Assistance Program: 406-444-5664

Angie Griner, Paralegal, Early Assistance Program: 406-444-2046

Records Requests: Records requests can be emailed to Communications Director Brian O'Leary

Meet the Team

 

Superintendent Arntzen and the Office of Public Instruction (OPI) Legal Team hosted the second School Law Conference on November 10, 2022.

Watch the 2022 Fall School Law Conference

 

Administrative Rules of Montana (ARM)

 

Bonded Textbook Dealers

Montana law requires textbook vendors to be licensed with the Superintendent of Public Instruction and bonded with the Montana Secretary of State.

Montana Codes for Textbook Dealers

 

To obtain a textbook license through the Office of Public Instruction, complete and submit the forms below:

Textbook Dealer Agreement

Bonding Form

*Include a $15 check for the Filing Fee made payable to the MT Secretary of State*

 

Submit completed forms to:

Montana Office of Public Instruction
Textbook Licensing and Renewals
P. O. Box 202501
Helena, MT 59620-2501

Once signed and processed with the Office of Public Instruction, the documents will be sent along with the check to the Secretary of State’s Office for filing. Textbook companies will be notified of the filing completion and continuation or renewal of bonds.

 

Bonded Textbook Dealers

**   If "Verification in Process" appears behind company name, please contact the Office of Public Instruction to confirm that the bonding process has been completed with the MT Secretary of State's Office. 

 

Questions or Assistance

Bullying

 

Filing a Complaint Against a Licensed Educator

Montana is what is referred to as a “local control state,” with a great deal of deference given to locally-elected school boards in the operation of their districts.  Under Article X, Part X, Section 8 of the Montana Constitution, “[t]he supervision and control of schools in each district shall be vested in a board of trustees to be elected as provided by law.”  Concerns about an educator should start out by following the local school district’s grievance policy.  Districts may have a specific policy on this procedure, but this will generally mean meeting with the educator, then, as necessary, appealing up through the school and district administrations until finally sharing your concerns with the local school board if the issue has not been previously resolved.

However, if issues persist after attempting to resolve concerns at the local level, the Office of Public Instruction (OPI) may be contacted in an attempt to address the matter.

As the licensing agency for educators in Montana, the OPI has investigative authority to ensure that all licensed educators in Montana are held to the highest standards of professional conduct.  The only concerns which the OPI is empowered by statute to investigate are found in the Montana Code Annotated at § 20-4-110(1). These concerns are:     

  • making any statement of material fact in applying for a certificate that the applicant knows to be false;
  • any reason that would have required or authorized the denial of the teacher, administrator, or specialist certificate to the person if it had been known at the time the certificate was issued;
  • incompetency;
  • gross neglect of duty;
  • conviction of, entry of a guilty verdict, a plea of guilty, or a plea of no contest to a criminal offense involving moral turpitude in this state or any other state or country;
  • immoral conduct related to the teaching profession;
  • substantial and material nonperformance of the employment contract between the teacher, administrator, or specialist and the trustees of a school or school district without good cause or the written consent of the trustees; or
  • denial, revocation, suspension, or surrender of a teacher, administrator, or specialist certificate in another state for any reason constituting grounds for similar action in this state.

If your concerns about an educator are listed above, a complaint may be filed with the OPI. The OPI does not represent complainants, but will investigate concerns raised to it in a timely manner.  If after an investigation the OPI determines that it has sufficient evidence to advocate for disciplinary action against a licensee, the OPI will present its evidence and recommendations to the Board of Public Education, which has the ultimate decision authority on such matters.  Please click this LINK to learn more about the policies and procedures that the OPI and BPE follow when investigating a licensee.

To file a complaint with the OPI, please complete [this] form (please use [this] document if you require additional space) and send it, as well as any supplementary evidence, to:

  1. Legal Division
  2. Montana Office of Public Instruction
  3. P.O. Box 202501
  4. Helena, MT 59620

Should you have any questions about this process or require any assistance completing documentation, please do not hesitate to contact the Legal Division at (406) 444-4402 and someone will provide whatever clarification or help you need.

Resources

State Education Decisions