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MONTANA
Compulsory Attendance Ages: “7 years of age or older prior to the first day
of school” and “the later of the following dates: the child’s 16th birthday; the
date of completion of the work of the 8th grade.” Montana Code Annotated §
20-5-102.
Required Days of Instruction: 720 hours per year for grades 1—3 and, 1,080
hours per year for grades 4—12. Mont. Code Ann. § 20-5-109(2) and § 20-1-301.
Required Subjects: Same “basic instructional program” as public schools. §
20-7-111.
Home School Statute: Mont. Code Ann. § 20-5-102(2)(e). Children can be
enrolled in a “home school that complies with the provisions of 20-5-109.”
Definition of a home school: “...a home school is the instruction by a parent
of his child, stepchild or ward in his residence.”
According to § 20-5-109, the home school must:
1. Maintain attendance and immunization records which must be available for
inspection by the county superintendent on request;
2. Be in a building that complies with local health and safety regulations (for
homes, not schools);
3. Provide at least the minimum aggregate hours of instruction in accordance
with § 20-1-301 and § 20-1-302, (§ 20-1-301 prescribes the total number of hour
shown above, and § 20-1-302 authorizes the local school district to prescribe
the length of the school day);
4. Annually notify the county superintendent of intent to home school; and
5. Provide an organized course of study according to § 20-7-111. The board of
public education has the authority to “define and specify the basic
instructional program for pupils in public schools.” See, § 20-7-111.
6. Neither the superintendent nor the school board has the authority to approve
home schools.
7. In § 20-5-111, the “Responsibilities and Rights of Parents who Provide Home
School – Rights of Child in Home School,” are specifically described. This
section of the Montana Code clearly recognizes the parents as being solely
responsible for their children’s education. The law states:
“Subject to the provisions of § 20-5-109, a parent has the authority to instruct
his child, stepchild, or ward in a home school and is solely responsible for:
a. The educational philosophy of the home school;
b. the selection of instructional materials, curriculum, and textbooks;
c. the time, place, and method of instruction; and
d. the evaluation of the home school instruction.”
Teacher Qualifications: None.
Standardized Tests: None.
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