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:
- Providing legal advice and services to the State Superintendent of Public Instruction in connection with Special Education matters;
- Assisting with appeals from County Superintendent decisions;
- Representing the State Superintendent and the OPI in court proceedings;
- Providing legal services and advice in connection with teacher certification, denial, suspension, and revocation;
- Assisting with the adoption and amendment of Montana Administrative Rules; and
- Assisting in the production and advocacy of legislation.
- 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
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)
*Include a $15 check for the filing fee made payable to the MT Secretary of State.*
Submit completed forms to
Montana Office of Public InstructionTextbook 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
- Accelerate Learning
- Amplify
- Art of Education
- Big Sky Life Books
- Discovery Education, Inc.
- Houghton Mifflin Harcourt Publishing
- Just Right Reader, Inc.
- Learning Without Tears
- McGraw-Hill School Education
- Savvas Learning
- Studies Weekly, Inc.
- Teachers' Curriculum Institute
- Zealot Interactive
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
- Anatomy of School Bullying (Edutopia article)
- Bullying and Cyberbullying Prevention Among Rural and Tribal Youth (Teacher Learning Hub) (New)
- Bully Free Montana: A Toolkit for Educators, Families, and Students (PDF)
- Administrative Rules: Student Protection Procedures
- Model Bullying Policy (PDF)
- Four Steps for Schools (PDF)
- Checklist for Schools (PDF)
- CDC BAM: Your Life – Bullying Prevention Resources
- Improving School Climate to Help Prevent Bullying (PDF)
- Multi-Tiered Systems of Supports (MTSS) Framework – Creates behavioral supports and a social culture that promotes social, emotional, and academic success for all students.
- School Safety Resources
- PAX Good Behavior Game – Evidence-based program for Pre-K through 5th grade that helps prevent substance abuse, suicide, and other behavioral issues. Contact: hhsamdemail@mt.gov or 406-444-6981.
- POWER UP, SPEAK OUT! – A five-lesson toolkit for middle school educators focused on healthy relationships, boundaries, and consent.
- Safe and Respectful Classrooms Toolkit and School Bus Training Toolkit – Resources to help educators and bus drivers build positive school climates.
- What We Know and What It Means for Schools (PDF) – Explores the relationship between bullying and suicide.
- PACER’s National Bullying Prevention Center
- StopBullying.gov – U.S. Department of Education resources for schools, students, and families.
- SchoolSafety.gov Bullying Prevention – U.S. Department of Homeland Security resources for safer school environments.
Forms
- Cyberbullying Facts (PDF) – Information on how often bullying occurs, where it happens, and who is affected.
- Bully Free Montana Student Fact Sheet (PDF)
- The Bystander (PDF)
- StopBullying.gov Teen Resources – U.S. Department of Education resources for students, families, and schools.
If you are concerned that your child is being bullied, you can take the following steps to understand your rights and address the situation.
- Understand that Montana law defines bullying and outlines schools’ responsibilities to address bullying behavior.
- Review the Montana Code Annotated (MCA) definition of bullying to determine whether the behavior meets the legal definition of bullying.
- 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.
- 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
- Tips for Parents (PDF)
- Bullying Incident Reporting Form (PDF)
- Administrative Rules: Student Protection Procedures
- StopBullying.gov Parent Resources – U.S. Department of Education resources for schools, students, and parents.
- What Is Cyberbullying? An Overview for Students, Parents, and Teachers
- PACER National Bullying Prevention Center – Information for Parents – Resources and in‑depth information about bullying behavior and the roles of adults.
- Cyberbullying Talk (PDF) – A conversation guide for how to talk with children and teens about cyberbullying.
- What Adults Can Do to Help Youth Experiencing Bullying (PDF) – A guide for adults who want to support children who are being bullied.
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.
- PACER Activity Workbook (PDF) – A variety of classroom activities related to bullying prevention.
- Student Action Plan (PDF) – An example action plan that can be used as an activity with students.
- PACER Bullying Prevention Bookmarks (PDF) – Printable bookmarks for students to pledge to prevent bullying.
- Quick guides:
- Guide for adults (PDF)
- Guide for middle and high school students (PDF)
- Guide for elementary students (PDF)
- Downloadable posters for the classroom for National Bullying Prevention Month .
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.
- Basic Checklist for Title IX Compliance
- Questions and Answers Regarding Title IX Procedural Requirements
- Title IX Coordinator Roles and Responsibilities for Local School Districts
- Title IX Regulations
- Questions and Answers on Title IX Athletics
- Questions and Answers Regarding the Department's Final Title IX Rule
- Office for Civil Rights Reading Room
- Equality of Opportunity for Students
- Title IX Policy Page, featuring links to several resources that include the Title IX Final Rule, webinars, and fact sheets.
- 2025 Case Processing Manual
- July 2021 Letter to Students, Educators, and other Stakeholders re Executive Order 14021 Notice of Language Assistance
- March 2021 Executive Order 14021 of March 8, 2021, Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity
- June 2013: Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972
- September 2008: Sexual Harassment: It's Not Academic publication addresses issues of sexual harassment by school employees, other students, and non-employee third parties. It answers questions about sexual harassment including how to recognize, respond to, and prevent sexual harassment. Information about filing a complaint with OCR is also included. (Archived)
- March 2007: How to File a Discrimination Complaint with the Office for Civil Rights publication
- January 2001: Revised Sexual Harassment Guidance
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
- September 4, 2020: Questions and Answers Regarding the Department's Final Title IX Rule (PDF)
- February 22, 2017: The U.S. Department of Justice and the U.S. Department of Education withdrew the statements of policy and guidance for transgender students (Dear Colleague Letter) (PDF) .
- April 2015: Title IX Resource Guide – Title IX and Sex Discrimination (PDF) (Code no. 6) summarizes requirements under Title IX of the Education Amendments of 1972, which protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance from the Department of Education.
- December 1, 2014: Q & A on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities (PDF)
- April 29, 2014: Press release on Title IX and Sexual Violence Questions and Answers (PDF)
- May 8, 2014: Letter regarding schools' enrollment procedures regardless of race, color, national origin, immigration, or citizenship status (PDF) .
- Know Your Rights about Title IX and Sexual Violence (PDF)
- January 8, 2014: Letter concerning obligations under federal law to administer student discipline without discriminating on the basis of race, color, or national origin (PDF) .
- June 25, 2013: Letter and pamphlet on Supporting the Academic Success of Pregnant and Parenting Students (PDF) under Title IX of the Education Amendments of 1972, providing examples of practices designed to support such students.
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 DivisionMontana 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.