It is the policy of the District that no student shall have unsupervised contact with an adult who has not undergone a fingerprint-based national criminal history background check that complies with the requirements of Sec. 20-3-323(1)(d), MCA, while the student is in school, at a school-sponsored activity, or in transit to a school sponsored activity. This means that a student may not be left unattended and alone in the physical presence of an adult who has not undergone such a background check, except for in the case of a momentary absence.

When the fingerprint background check results are reviewed by someone other than the Trustees or the Superintendent of the District under 20-3-323(d)(ii), such individuals designated by the Trustees to review the results of the background check are limited to individuals authorized by law to receive, review and share Criminal History Record Information (CHRI) with the District.

Any individual reviewing the fingerprint background check results must possess a valid authorization from the person being fingerprinted to review and share the results with the District.

The following definitions apply to this policy:

1. “Contact" means any direct, personal interaction that involves communication or engagement of any kind between an adult and a student.
2. "In school” means physically present in a public school, an offsite instructional setting as defined in 20-1-101 or a work-based learning setting as provided in 20-7-1510 for which school credit is granted.
3. “In transit to a school-sponsored activity” means while a student is being provided transportation by a school district employee or a private contractor on a bus or other vehicle owned or contracted by the school district. 
4.  “Momentary absence" means brief, temporary intervals during which a second adult is not physically present. Such absences are short, typically involving situations like stepping away for a bathroom break or addressing an urgent matter.
5. “School-sponsored activity" means any event, program, or function that is organized, funded, or endorsed by a school district.
6. "Unsupervised " means where one or more students are left unattended and alone in the physical presence of an adult. In order to ensure the safety and welfare of students, no individual, regardless of employment status with the District, shall have unsupervised contact with students while in school, at a school-sponsored activity, or in transit to a school-sponsored activity unless the individual has:
    

BSD Language - For the purposes of this Policy, the term “unsupervised contact” shall mean any interaction with students that does not involve direct supervision by an employee of the District.  Additionally, any employee or volunteer who is responsible for supervising another employee's or volunteer's contact with children is considered to have unsupervised contact with children by virtue of their oversight responsibilities. Therefore, they must also undergo a background check prior to employment or assignment.

The District may designate certain employees and volunteers who will never have unsupervised contact with students and are therefore exempt from the background check requirement.
 

Montana Code Annotated

Montana Session Laws

Chapter 716, Laws of 2025              HB745

Cross References

Policy History: