Montana Special Education Requirements
What special education requirements does Montana have beyond federal law?
Montana's special education framework rests on the Montana Special Education Act (MCA Title 20, Chapter 7, Part 4, especially MCA §§ 20-7-401 through 20-7-476) and the Montana Administrative Rules Chapter 10.16 (ARM 10.16). Several key Montana-specific requirements distinguish it from federal minimums. (1) FAPE Age Range: Under MCA § 20-7-411, Montana mandates FAPE for children ages 5–18 and preschool children ages 3–6; services for ages 19–21 are optional—however, as of the August 13, 2025 settlement in A.H. v. Heladen (U.S. District Court, D. Montana), all Montana LEAs must now provide FAPE until the student's 22nd birthday, effectively overriding the prior optional extension. (2) 'Cognitive Delay' Terminology: Montana uses 'Cognitive Delay' (ARM 10.16.3012) instead of 'Intellectual Disability.' (3) Special Education Cooperatives: Montana's rural geography is served by a statewide cooperative system (ARM 10.16.39; ARM 10.16.26) that delivers related services across member districts, funded by 5% + 17.5% of the state allocation. (4) Dyslexia Screening: MCA § 20-7-469 (2019) requires districts to screen for dyslexia in grades K–2 and for students failing reading benchmarks, with OPI guidance on interventions. (5) Consent Process: ARM 10.16.3505 creates a unique Montana consent process for annual IEP updates, requiring prior written notice and a 15-day exception period. (6) Recording: MCA § 45-8-213 requires all-party consent or advance warning for recording in-person conversations, including IEP meetings. (7) Aversive Treatment: ARM 10.16.3346 sets strict Montana-specific rules on physical restraint and isolation time-out, requiring FBA and documented positive interventions before aversive procedures may be incorporated into an IEP.
What Montana Requires
Montana mandates FAPE for children ages 3–18; as of the August 13, 2025 settlement (A.H. v. Heladen), all Montana LEAs must now provide FAPE until the student's 22nd birthday (MCA § 20-7-411; ARM 10.16.3121).
Montana uses the term 'Cognitive Delay' (ARM 10.16.3012) rather than 'Intellectual Disability'; this Montana-specific terminology must be used in evaluations and IEPs.
Montana's special education cooperative system (ARM 10.16.39) allows rural districts to pool resources for specialized services; cooperatives receive 5% + 17.5% of the state special education allocation (MCA § 20-7-431).
Dyslexia screening is required by MCA § 20-7-469 (enacted 2019) for students in grades K–2 and those failing reading benchmarks; positive screens require individualized needs identification and evidence-based intervention.
Montana's annual IEP consent process (ARM 10.16.3505) requires prior written notice and a 15-day exception period when parents do not sign the proposed IEP—a process unique to Montana.
Recording IEP meetings requires all-party consent (or advance warning by any participant) under Montana's privacy law (MCA § 45-8-213).
ARM 10.16.3346 requires FBA and two documented positive intervention attempts before aversive procedures may be incorporated into an IEP, and prohibits locked-room seclusion in general school settings.
Key Timelines
FAPE must be provided to eligible students through their 22nd birthday as of the August 13, 2025 court settlement (A.H. v. Heladen).
Dyslexia screening must be conducted in grade K–2 upon initial enrollment and for students failing reading benchmarks at any grade (MCA § 20-7-469).
LEA must provide prior written notice and allow 15 days for written exceptions before implementing a contested annual IEP (ARM 10.16.3505).