A ninth grader in Great Falls is pulled into the office after a shoving match in the hallway. The principal says she is suspended. How long can that last, and does she get to tell her side? In Montana the answers come from Title 20 of the Montana Code, from each district's own discipline policy, and from a 1975 Supreme Court case. School is required from age 7 until the later of a student's 16th birthday or finishing 8th grade, so these rules touch almost every family in the state.
Suspension: 10 school days, then a hearing
Under Montana law a teacher, principal, or superintendent may suspend a student, following a policy the local school board (called the trustees) has to adopt. A first suspension can last no more than 10 school days.
The school can add one more period of up to 10 school days, but only if an administrator finds that the student's return would put others at risk or disrupt school. Before that second period starts, the student must get an informal hearing with the administrator. That is a meeting where you hear why and answer back. Ask for it. The law requires it.
The U.S. Supreme Court set the floor in Goss v. Lopez (1975). Even for a suspension of 10 days or less, a public school must tell the student the charges, explain the evidence if the student denies them, and let the student give their side.
Expulsion belongs to the school board
Montana defines expulsion as removing a student for more than 20 school days without providing educational services. Only the trustees can do it, not a principal. A district may still offer schooling in an alternative setting to an expelled student.
For a student found to have knowingly brought or had a firearm at school, the law calls for expulsion of at least 1 year, though the board may change that case by case. Before that expulsion, the board must hold a due process hearing, meaning a meeting where the student hears a summary of the evidence and gets to respond. The family must be told they can ask for the hearing to be public and can bring other people. If the board finds no violation, the incident must be erased from the student's record.
The Bully-Free Montana Act
Montana passed the Bully-Free Montana Act in 2015. It bans bullying of a public K-12 student by another student or by a school employee. Bullying includes written, spoken, and online messages that are persistent, severe, or repeated and that cause harm, create a hostile environment, or seriously disrupt school. Retaliating against someone who reports it counts too, and so does hazing on teams and in clubs.
A 2023 change added a self-defense rule. A student who is physically attacked may use reasonable force to protect themselves. The district must investigate, and it may not punish a student it finds more likely than not acted in self-defense. State rules also require every school to have a bullying policy that covers buses, school events, and online behavior.
Where a family takes a complaint
Start with your district. Ask the school office for two documents: the discipline policy and the bullying policy. The Bully-Free Montana Act says a family must use the school's own complaint process before going to court, though anyone can call the police about bullying at any time.
The Montana Office of Public Instruction (OPI) says concerns should go first through the district's grievance policy, then school and district administrators, then the local school board. If the problem continues, you can contact OPI. OPI can investigate the conduct of a licensed educator, and its legal division helps with appeals from county superintendent decisions. Write down dates and names, and keep every letter the school sends.
Remember this
- A first suspension in Montana is capped at 10 school days; a second period needs an informal hearing first.
- Only the school board can expel, which means removal for more than 20 school days without services.
- The Bully-Free Montana Act covers bullying by students and staff, and protects a student who uses reasonable force in self-defense.
- Complaints go to the district first, then the school board, then the Office of Public Instruction.
Sources
- Montana Legislature: MCA 20-5-202, Suspension and expulsion (opens in a new tab)
- Montana Legislature: MCA 20-5-209, Bullying of student prohibited (opens in a new tab)
- Montana Office of Public Instruction: Legal Services (opens in a new tab)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.