(1) The maximum regular education tuition rate a district may charge per student is 20% of the per ANB rate established in 20-9-306(15), MCA, for the first ANB for the year of attendance. For a kindergarten student enrolled in a half-time program as provided in 20-1-301(2)(a), MCA, and a preschool child with disabilities the rate is one-half the rate for an elementary student.

(2) Pursuant to 20-5-323, MCA, the maximum tuition rate for a student without disabilities who has been placed outside their resident district by a state agency or court may exceed the regular tuition rate calculated in (1) if:

(a) the student has unique needs that require a district to provide a program specifically designed to meet those needs; and

(b) the costs of the program can be documented and exceed the receiving school district's average general fund budget per budgeted ANB in the year preceding the year of attendance.

(3) Tuition calculated in (2) may not exceed the lesser of:

(a) $2,500; or

(b) the actual individual costs of providing that student's program minus 80% of the maximum per-ANB rate established in 20-9-306(15), MCA for the first ANB for the year of attendance.

(4) The maximum tuition rate for a student with disabilities may exceed the regular tuition rate calculated in (1) but may not exceed the rates established in ARM 10.16.3818.

(5) The calculations in this rule are the maximum tuition rates that a district may charge for a Montana resident student.

(a) Pursuant to 20-5-320 and 20-5-321, MCA, the three entities that pay tuition are: parents or guardians, school districts, and the state. The trustees may waive any or all of the calculated tuition amount, but any waiver must be applied equally to all students in the district's elementary or high school program, the tuition for which is required to be paid by the same type of entity. Trustees may set different tuition rates for elementary and high school programs, including programs offered by an elementary district and high school district operated under a combined board or a K-12 district.

(b) Regular education tuition charged for students under a group attendance arrangement in accordance with 20-5-320(8), MCA, must be the same rate charged for students attending under attendance agreements with other school districts but may not exceed the maximum regular education rate in (1).

(c) Regular education tuition charged for mandatory conditions must be the same rate charged for discretionary conditions.

(d) Tuition amounts shall be adjusted for the portion of the year the student is enrolled, based on the percentage calculated by dividing the number of days the student is enrolled by the number of pupil instruction days scheduled by the school district in the year of attendance.

(e) If trustees charge tuition, the trustees shall charge all parents and guardians the same tuition rate, including the parent or guardian of a child with disabilities.