10.10.301C    OUT-OF-STATE ATTENDANCE AGREEMENTS

(1) The Superintendent of Public Instruction is authorized to establish reciprocal agreements for out-of-state attendance with border states or provinces. The tuition charge for a Montana student attending school in a state or province with a reciprocal agreement is governed by the conditions of the reciprocal agreement.

(2) The amount of tuition paid by a Montana district for a student without disabilities who attends school in a state or province not governed by a reciprocal tuition agreement cannot exceed the annual average cost per student in the student's district of residence. If the tuition rate charged by the receiving district is less than the Montana district's annual average cost per student, the tuition payment may not exceed the lesser of the two amounts.

(3) Districts may agree to pay tuition charges that are less than the maximum allowed rates.

(4) Provided it is in an operating status, a school district that is responsible for paying tuition charges for a resident student who attends an out-of-state public school may receive reimbursement for the amount of tuition paid, up to the state's portion of the per ANB entitlement per student for the year of attendance.

(a) Calculations will be based on the tuition reports submitted in accordance with ARM 10.10.301D.

(b) The Superintendent of Public Instruction shall provide payment of the amount calculated in (4)(a), but not more than the amount of tuition paid by the district for resident students who attended school out-of-state, in the year the out-of-district attendance report is submitted, provided it is submitted, with documentation of payment, to the Superintendent of Public Instruction by December 31 following the school year of attendance.

History: 20-5-323, 20-9-102, MCA; IMP, 20-5-314, 20-5-316, 20-5-320, 20-5-321, 20-5-323, 20-5-324, MCA; NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2004 MAR p. 3015, Eff. 12/17/04; AMD, 2016 MAR p. 880, Eff. 5/21/16.