Montana 2025 2025 Regular Session

Montana House Bill HB573 Enrolled / Bill

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ENROLLED BILL
AN ACT REVISING LAWS RELATED TO TRANSFORMATIONAL LEARNING; MOVING THE TERMINATION 
OF THE EXISTING TRANSFORMATIONAL LEARNING GRANT PROGRAM UP BY 1 YEAR; ESTABLISHING 
A TRANSFORMATIONAL LEARNING PHASE II GRANT PROGRAM AND REQUIREMENTS FOR 
ADMINISTERING THE PROGRAM FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE 
BOARD OF PUBLIC EDUCATION; RELOCATING A DEFINITION; AMENDING SECTIONS 20-7-1601 AND 
20-7-1602, MCA; AMENDING SECTION 7, CHAPTER 402, LAWS OF 2019; AND PROVIDING AN 
EFFECTIVE DATE AND A TERMINATION DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-7-1601, MCA, is amended to read:
"20-7-1601.  (1) The legislature finds and 
declares pursuant to Article X, section 1, of the 1972 Montana constitution that forms of personalized learning 
authorized under Montana law, including but not limited to work-based learning pursuant to 20-7-1510, 
proficiency-based learning as defined in subsection (2) of this section, determinations of course equivalency by 
an elected board of trustees under 20-3-324(18), remote instruction under 20-7-118, and transformational 
learning, are appropriate means of fulfilling the people's goal of developing the full educational potential of each 
person. The provision of and participation in forms of personalized learning under this part and in compliance 
with accreditation standards of the board of public education are constitutionally compliant and protected. The 
legislature declares that any public or private regulation that discriminates against a district or pupil participating 
in forms of personalized learning referenced in this section is inconsistent with constitutional goals and 
guarantees under Article X of the Montana constitution.
(2) As used in this title, unless the context clearly indicates otherwise, the following definitions 
apply: **** 
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(a) "Proficiency" means a measure of competence that is demonstrated through application in a 
performance assessment.
(b) "Proficiency-based learning" means an education system in which student progress is based 
on a student's demonstration of competence rather than on the basis of seat time or the age or grade level of 
the student.
(c) "Transformational learning" means a flexible system of pupil-centered and proficiency-based 
learning that is designed to develop the full educational potential of each pupil that:
(i) is customized to address each pupil's strengths, needs, and interests; and
(ii) actively engages each pupil in determining what, how, when, and where each pupil learns."
Section 2. Section 20-7-1602, MCA, is amended to read:
"20-7-1602.  (1) (a) A 
school district as defined in 20-6-101 that satisfies the conditions of subsection (2) and is qualified by the board 
of public education pursuant to subsection (4) is eligible for a 4-consecutive-year provision of the transitional 
funding and flexibilities in subsections (5) and (6).
(b) A school district may be qualified by the board of public education for no more than one 4-
consecutive-year provision of transitional funding and flexibilities in any 8-year period.
(2) To qualify for the transitional funding and flexibilities in subsections (5) and (6), the board of 
trustees of a district shall submit an application that has been approved by motion of the board of trustees and 
signed by the presiding officer to the board of public education for approval of a transformational learning 
program on a form provided by the superintendent of public instruction. The school board's application must:
(a) identify the number of full-time equivalent educators meeting the criteria of 20-9-327(3) who will 
participate in the district's transformational learning program, with full-time equivalence calculated and reported 
by the district based on the planned portion of each qualifying educator's full-time equivalent assignment that is 
dedicated to the district's transformational learning program;
(b) include the district's definition of proficiency within the meaning of the term as used in 20-9-
311(4)(d). The definition must be incorporated in the district's policies and must be used for purposes of 
determining content and course proficiency and other progress, promotion from grade to grade, grades, and  **** 
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graduation for pupils enrolled in the district's transformational learning program. The district must also describe 
the district's plans for the implementation of proficiency-based learning as defined in 20-7-1601; and
(c) include a strategic plan with appropriate planning horizons for implementation, measurable 
objectives to ensure accountability, and planned strategies to:
(i) develop a transformational learning plan for each participating pupil that honors individual 
interests, passions, strengths, needs, and culture and that is rooted in relationships with teachers, family, peers, 
and community members;
(ii) embed community-based, experiential, online, and work-based learning opportunities and 
foster a learning environment that incorporates both face-to-face and virtual connections;
(iii) provide effective professional development to assist employees in transitioning to a 
transformational learning model; and
(iv) ensure equality of educational opportunity to participate by all pupils of the district.
(3) The board of public education shall establish by rule the opening and closing dates for receipt 
of applications and annual reports.
(4) The board of public education shall:
(a) on an annual basis, qualify districts that submit an application meeting, in the determination of 
the board or the board's designee, the requirements of subsection (2) for the funding in subsection (5) and the 
flexibilities in subsection (6) until the annual appropriation is exhausted, after which further applications, 
including first-time applications and annual reports requesting an expansion of a previously approved plan, are 
to be deferred for consideration in a subsequent year, in the order of a lottery system draw, if and when 
additional funds become available for distribution. The lottery system shall assign every first-time application or 
request for expansion of a previously approved plan a number that will be placed into a lottery system draw that 
will be done by a third party. The applications will be assigned a position in the order in which the numbers are 
drawn. The drawing will continue until all districts are on the qualification list for the current year funding or 
deferred for consideration in a subsequent year.
(b) require each participating school district to submit an annual report demonstrating, in the 
determination of the board or the board's designee, continued qualification for funding under this section and 
including a report of progress toward measurable objectives under the school district's transformational learning  **** 
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plan. The school district shall include any decrease or requested increase in the number of participating full-
time equivalent educators under subsection (2)(a) for adjustments to its funding. Any increase in funding based 
on requested increased levels of participation under subsection (2)(a) must be determined in the year in which 
the request for a funding increase is received and augmented with a lottery system among all first-time 
applications and annual reports requesting an expansion of a previously approved plan and must be contingent 
on the availability of funds within any appropriation of the legislature. An application deferred for consideration 
in a subsequent year due to lack of funding must be annually updated each year after more than 1 full fiscal 
year has passed from the date of original submission of the application in order for the application to retain its 
priority by original date received.
(c) report in accordance with 5-11-210 to the education interim committee on the progress made 
by districts as submitted in the annual report and strategic plan operating under approved and funded 
transformational learning plans.
(5) (a) For a period of 4 consecutive fiscal years following the fiscal year in which a district is 
qualified by the board of public education and contingent on satisfying the annual reporting requirements under 
subsection (4), the superintendent of public instruction shall provide a transformational learning aid payment to 
the district equivalent to 50% of the quality educator payment defined in 20-9-306 from the immediate prior 
fiscal year multiplied by the number of the district's full-time equivalent educators reported under subsection 
(2)(a) of this section.
(b) The payment under this subsection (5) must be distributed directly to the school district's 
flexibility fund established under 20-9-543 by October 1 of each year of funding by the superintendent of public 
instruction. The money must be expended by the district only for the purposes set forth in the district's approved 
transformational learning program and within 2 years of the date of distribution 6 years of the first year of 
funding.
(c) A school district may not receive more than 25% of the total amount of payments made under 
this subsection (5).
(6) During each year that a school district remains qualified for funding under subsection (5), the 
district's trustees may:
(a) if the obligations of transparency set forth in 20-9-116 are met, levy an annual permissive  **** 
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property tax not to exceed 100% of any funds distributed to the district under subsection (5). Proceeds of the 
levy must be deposited in the district's flexibility fund established under 20-9-543 and must be expended by the 
district only for the purposes of the district's approved transformational learning plan.
(b) transfer state or local revenue from any budgeted or nonbudgeted fund, other than the debt 
service fund or retirement fund, to the district's flexibility fund.
(7) (a) Any funds transferred pursuant to subsection (6)(b) may be expended by the district solely 
for the purposes of implementing the district's approved transformational learning plan. Any transfers of funds 
are not considered expenditures to be applied against budget authority.
(b) Any transfers that are not expended for the purposes of implementing the district's approved 
transformational learning plan within 2 full school fiscal years after the funds are transferred must be transferred 
back to the originating fund from which the revenue was transferred.
(c) The intent of subsection (6)(b) and this subsection (7) is to increase the flexibility and efficiency 
of school districts without an increase in local taxes. In furtherance of this intent, if transfers of funds are made 
from any school district fund supported by a nonvoted levy, the district may not increase its nonvoted levy for 
the purpose of restoring the amount of funds transferred.
(8) The present law base calculated for K-12 local assistance under Title 17, chapter 7, part 1, 
must include transformational learning aid as defined in subsection (9).
(9) For the purposes of this title, the following definitions apply:
(a) "Transformational learning" means a flexible system of pupil-centered and proficiency-based 
learning that is designed to develop the full educational potential of each pupil that:
(i) is customized to address each pupil's strengths, needs, and interests; and
(ii) actively engages each pupil in determining what, how, when, and where each pupil learns.
(b) "Transformational learning aid" means 50% of the quality educator payment defined in 20-9-
306 multiplied by 10% of the statewide number of full-time equivalent educators from the fiscal year 
immediately preceding the year to which distribution of transformational aid applies calculated as provided in 
20-9-327. (Terminates June 30, 2027 2026--sec. 7, Ch. 402, L. 2019.)"
Section 3.  (1) There is a transformational  **** 
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learning phase II grant program administered by the superintendent of public instruction. The purposes of the 
grant program are to:
(a) further develop the efforts of the most innovative transformational learning grantees toward 
district-wide implementation of transformational and proficiency-based learning; and
(b) use the knowledge gained by phase II grantees to develop recommendations and guidance for 
other districts interested in innovating in a similar manner.
(2) The superintendent of public instruction shall:
(a) invite those school districts that are awarded transformational learning grants to submit an 
application for a transformational learning phase II grant. The application must include at a minimum:
(i) evidence of the progress made by the district in implementing transformational and proficiency-
based learning as the terms are defined in 20-7-1601; and
(ii) a detailed description of how the district plans to continue its progress toward district-wide 
transformational and proficiency-based learning, including cost estimates;
(b) no later than February 1, 2026, determine a list of no more than five districts to recommend for 
a phase II grant to the board of public education for the board's approval; and
(c) no later than July 15, 2026, and contingent on appropriation from the legislature, distribute to 
no more than five districts a transformational learning phase II grant. The superintendent shall base the award 
amounts on the district's size and the costs outlined in its application and utilize 90% of the amount 
appropriated by the legislature for the grants.
(3) A district receiving a transformational learning phase II grant shall:
(a) deposit the money in the district's flexibility fund and use the money prior to June 30, 2028, for 
the purposes described in the district's grant application; and
(b) participate in collaborative activities organized by the superintendent of public instruction for 
grantees as described in subsection (4).
(4) (a) With the remaining 10% of the amount appropriated by the legislature, the superintendent 
shall provide technical assistance and collaborative opportunities for the grantees. In supporting grantees, the 
superintendent may:
(i) host convenings of the grantees; **** 
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(ii) provide professional development for grantees;
(iii) enlist the assistance of organizations with expertise in supporting school districts in 
implementing transformational and proficiency-based learning; and
(iv) provide other types of support requested by grantees or determined to be beneficial by the 
superintendent.
(b) No later than September 1, 2028, the office of public instruction and the phase II grantees shall 
provide a joint report to the education interim committee and the education interim budget committee on the 
progress made by the grantees. The report must include:
(i) a detailed description of how the grantees furthered their progress toward district-wide 
transformational and proficiency-based learning as a result of the grant;
(ii) a guidance document for other school districts in implementing transformational and 
proficiency-based learning; and
(iii) recommendations for legislative action to support districts in implementing transformational and 
proficiency-based learning.
Section 4. Section 7, Chapter 402, Laws of 2019, is amended to read:
"Section 7.  [This act] terminates June 30, 2026."
Section 5.  [Section 3] is intended to be codified as an integral part of Title 
20, chapter 7, part 16, and the provisions of Title 20, chapter 7, part 16, apply to [section 3].
Section 6.  If both House Bill No. 2 and [this act] are passed and 
approved, then the appropriation in House Bill No. 2 for transformational learning must be used for the 
transformational learning phase II grant program as described in [section 3].
Section 7.  [This act] is effective July 1, 2025.
Section 8.  [Section 3] terminates December 31, 2028. **** 
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ENROLLED BILL- END - I hereby certify that the within bill,
HB 573, originated in the House.
___________________________________________
Chief Clerk of the House 
___________________________________________
Speaker of the House 
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 573
INTRODUCED BY D. BEDEY, C. SCHOMER, M. BERTOGLIO, W. MCKAMEY, C. SPRUNGER, L. REKSTEN
AN ACT REVISING LAWS RELATED TO TRANSFORMATIONAL LEARNING; MOVING THE TERMINATION 
OF THE EXISTING TRANSFORMATIONAL LEARNING GRANT PROGRAM UP BY 1 YEAR; ESTABLISHING 
A TRANSFORMATIONAL LEARNING PHASE II GRANT PROGRAM AND REQUIREMENTS FOR 
ADMINISTERING THE PROGRAM FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE 
BOARD OF PUBLIC EDUCATION; RELOCATING A DEFINITION; AMENDING SECTIONS 20-7-1601 AND 20-
7-1602, MCA; AMENDING SECTION 7, CHAPTER 402, LAWS OF 2019; AND PROVIDING AN EFFECTIVE 
DATE AND A TERMINATION DATE.”