Legal

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.

School Laws and Resources

View the Administrative Rules of Montana (ARM) on the Montana Secretary of State website.
Administrative Rules of Montana

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 (PDF)

Bonding Form (PDF)

*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 after a 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

  • John Klein – email: john.klein@mt.gov
  • Phone: 406-444-2759
  • Last updated: 10/15/2025

Administrative Rules of Montana require all schools to have policies and procedures addressing bullying behavior in schools, on school buses, at school-sponsored activities, and online. Montana Code Annotated defines law relative to bullying.

This page contains resources for students, parents and schools, including:

  • Model policies and procedures for schools,
  • Montana’s Student Protections and Procedures accreditation rule,
  • What you can do if you are being bullied,
  • How to respond to cyber-bullying,
  • Tips for parents, and
  • Links to state and national resources.

Bullying Prevention Resources

Forms

If you are concerned that your child is being bullied, you can take the following steps to understand your rights and address the situation.

  1. Understand that Montana law defines bullying and outlines schools’ responsibilities to address bullying behavior.
  2. Review the Montana Code Annotated (MCA) definition of bullying to determine whether the behavior meets the legal definition of bullying.
  3. Ask to see a copy of the school’s bullying policy and procedures. Administrative Rules of Montana 10.55.719 describe required student protection procedures related to bullying.
  4. Report the incident to the school and follow any procedures outlined in the school’s bullying policy.

You can review state bullying laws under MCA 20‑5‑201 through 20‑5‑210 .

Other Parent Resources

Everfi offers free digital lessons for Montana educators.

Build a Safe Environment (StopBullying.gov) – Resources for creating safe classroom spaces and holding class conversations about bullying.

Whole Child Supports – Classroom strategies to encourage and practice whole‑child skill development.

PACER Classroom Tools

PACER’s National Bullying Prevention Center offers tools for use in the classroom.

Bullying Prevention Month ideas and activities – Ideas and activities from the We Are Teachers website.

Supports for Kids Involved in Bullying – Tips from StopBullying.gov for supporting children who are bullied, children who bully others, and bystanders.

Title IX is a federal law that requires recipients of federal funding for education, with a few specific exceptions, to be in compliance with the minimum requirements of the Title IX regulations.

This webpage is designed to assist parents, students, school personnel, and others with resources to offer guidance and technical assistance regarding Title IX.

Below are links to U.S. Department of Education, Office for Civil Rights (OCR) resources that provide guidance for common Title IX inquiries.

These links lead to OCR resources.

OCR Title IX Correspondence and Resources

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, Section 8 of the Montana Constitution , “The supervision and control of schools in each school district shall be vested in a board of trustees to be elected as provided by law.” Concerns about an educator should start 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 and, as necessary, appealing through the school and district administrations before sharing your concerns with the local school board if the issue has not been resolved.

However, if issues persist after attempting to resolve concerns at the local level, the Office of Public Instruction (OPI) may be contacted 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 that the OPI is empowered by statute to investigate are listed in Montana Code Annotated § 20-4-110(1) :

  • 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. To learn more about the policies and procedures that the OPI and BPE follow when investigating a licensee, see: Educator Licensure Committee Process (PDF) .

To file a complaint with the OPI, please complete the Educator Complaint Form (PDF) (use the Extra Pages form (PDF) if you require additional space) and send it, along with any supporting documentation, to:

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

Should you have any questions about this process or require assistance completing the documentation, please contact the Legal Unit at (406) 444-5882 and someone will provide the clarification or help you need.

OPI Legal Staff are Here to Help:

Aislinn Brown, Chief Legal Counsel: 406-444-0715
Brenton Craggs, Lawyer: 406-444-5882
John Klein III, Paralegal, 406-444-2749
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 McKenna Gregg