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Bill would let teachers temporarily exclude disruptive students, with stated safeguards for students with disabilities
Summary
SB 138 would allow teachers in Montana to temporarily remove students from class when their behavior disrupts learning and requires districts to adopt return plans; proponents emphasized teacher support and compliance with IDEA/504; committee asked about administrative capacity and timelines.
Senator Russ Temple opened Senate Bill 138, describing it as a tool to empower teachers to maintain productive learning environments by allowing temporary removal of disruptive pupils and requiring trustees to adopt policies that establish procedures and minimum protections.
Supporters including Kim Popham (MFPE) and Doug Reisig (Montana Quality Education Coalition) said the bill affirms teacher authority and supports teacher retention by addressing classroom disruptions. Reisig emphasized safeguards for students with disabilities, saying the bill "ensures that any exclusion or disciplinary action complies with the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and section 504 of the Rehabilitation Act." Those protections were cited repeatedly during testimony.
Committee members asked practical questions about uneven administrative staffing across districts and whether smaller schools without a half-time administrator could implement the bill. Witnesses and sponsor said the bill includes an amendment limiting applicability to buildings with at least a half-time administrator and that return plans can be as simple as a conversation with the student and parent; administrators retain discretion in case management.
Members also queried the bill's timelines (temporary exclusion periods up to 24 hours in the draft) and whether brief behavior contracts can realistically be prepared and completed so students can return on short notice. Proponents said a return plan may be informal and administratively feasible in most schools that meet the bill's staffing threshold.
Sponsor Russ Temple closed by reiterating the bill's intent to protect teachers' ability to teach while preserving due process and compliance with special education law. The committee closed the hearing with proponents urging passage; no formal vote was recorded.
