{"id":"MT-042","kind":"order","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Department of Public Health and Human Services","authority":"Mont. Code Ann. 2-4-303 (emergency rules, effective up to 120 days); 50-1-202(1)(l), (1)(p)(v); 50-1-206; ARM 37.111.825(7)","instrument":"Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule)","title":"In the matter of the adoption of Temporary Emergency Rule I to allow students and/or their parents or guardians the ability to opt-out of school health-related mandates for health, religious, moral, or other fundamental rights reasons","dateIssued":"2021-08-31","effective":"2021-08-31 (emergency rule, effective on adoption; up to 120 days under Mont. Code Ann. 2-4-303(1)(a))","end":"Not later than 120 days after adoption (Mont. Code Ann. 2-4-303); in force through Sept. 30, 2021","startDate":"2021-08-31","endDate":"2021-09-30","quarters":["2021Q3"],"types":["SCH","MASK"],"addressees":["schools and school districts","students, parents and guardians"],"clause":"The rule directs that, if schools or school districts impose a health-related mandate on students, such as a mask mandate, they should consider, and be able to demonstrate they considered, parental concerns in adopting the mandate, and should provide the ability for students, and/or parents or guardians on behalf of their children, to choose to opt-out based on physical, mental, emotional, or psychosocial health concerns, as well as on the basis of religious belief, moral conviction, or other fundamental right","enforcement":"DPHHS rulemaking under 50-1-206 and 2-4-303; school districts\u0027 mask mandates conditioned","functions":["IN in-person instruction (mask mandates conditioned)","WF workforce (school conditions 2021-22)"],"notes":"Adopted the day before the Governor\u0027s Aug. 31, 2021 announcement; Missoula County Public Schools stated its mask mandate would be enforced; Bozeman, Helena, Billings and Whitefish districts also had mask requirements (MT-088)","sourceUrl":"https://dphhs.mt.gov/assets/rules/37-960emg.pdf","snapshot":"http://web.archive.org/web/20210901001324/https://dphhs.mt.gov/assets/rules/37-960emg.pdf","fileExists":true,"fileBytes":160355,"grade":"primary","character":"","description":"","collection":"MT","url":"/library/MT-042","exhibitUrl":"/exhibit/MT-042","citation":"Montana Department of Public Health and Human Services, Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule) (Aug. 31, 2021) (Ex. MT-042)","stateName":"Montana","related":["MT-088"]}