SB 138 Montana Senate · 2025 Regular Session

Revise education laws related to a teacher's authority to maintain a positive classroom environment

SB 138 requires Montana school districts with at least a half-time principal to formally include in policies or teacher agreements the authority for educators to maintain a positive classroom environment and temporarily exclude disruptive students for up to 24 hours. Teachers must direct excluded students to a principal or designee, and students cannot return until a return plan - developed by the principal and potentially involving behavioral contracts, parent communication, or meetings - is provided to the teacher. The bill explicitly requires all provisions to comply with federal disability laws (IDEA, ADA, Section 504) and the Family Educational Rights Act. This bill, which died in the Senate on May 23, 2025, would have applied to school years starting July 1, 2025.

Issues: ✓ Education

Bill status died 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Feb 2025

House Failed

Apr 2025

Governor

Introduced Jan 14, 2025 Last action May 23, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB0138_2(3).pdf → SB0138_2(4).pdf · 4 edits

MODERATE

The bill expands the list of federal laws that schools must follow when handling student discipline, adding protections under the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. It also clarifies the process for temporarily excluding disruptive students, requiring teachers to direct excluded pupils to the principal and mandating a return plan before the student can re-enter the classroom. These changes aim to ensure that disciplinary actions do not violate students' rights and provide a structured path for returning to class after an exclusion.

Scope change

The bill's scope was expanded to explicitly include compliance with additional federal disability laws in disciplinary contexts and to apply to school years beginning on or after July 1, 2025.

REQUIREMENT

Added specific federal laws (IDEA, ADA, Section 504) that must be followed during student discipline to prevent violations of students' rights.

Modified the exclusion process to require teachers to direct excluded students to the principal or designee and to implement a return plan before allowing the student back in class.

Added specific components for the return plan, including behavioral contracts, parent communication, and meetings with relevant parties.

TIMELINE

Set the effective date of the new provisions to July 1, 2025, and applicability to school years beginning on or after that date.

Floor votes · Senate Feb 11, 2025 · House Apr 22, 2025

How they voted

35–15

Passed

Total votes 50

Feb 11, 2025

D Democratic18

18 Yea

100% Yea

R Republican32

17 Yea 15 Nay

53% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 22, 2025

Vote failed

House Vote: fail (34-64-2)

house

Apr 17, 2025

Lower · Passed

(H) Committee Report - (H) Education

lower

Apr 16, 2025

Lower · Passed

(H) Committee Executive Action - (H) Education

lower

Mar 28, 2025

Amended

(H) Tabled in Committee - (H) Education

lower

Feb 12, 2025

Committee

(H) Referred to Committee - (H) Education

lower

Feb 11, 2025

Senate · Passed

Senate Vote: pass (35-15)

senate

Jan 31, 2025

Upper · Passed

(S) Committee Report - (S) Education and Cultural Resources

upper

Jan 31, 2025

Upper · Passed

(S) Committee Executive Action - (S) Education and Cultural Resources

upper

Jan 16, 2025

Committee

(S) Referred to Committee - (S) Education and Cultural Resources

upper

Jan 14, 2025

Introduced

(S) Introduced

upper

1 primary · 0 co-sponsors