The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- 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)
- Issued
- 2021-08-31 Aug. 31, 2021
- Effective
- 2021-08-31 (emergency rule, effective on adoption; up to 120 days under Mont. Code Ann. 2-4-303(1)(a)) (read as 2021-08-31)
- End
- Not later than 120 days after adoption (Mont. Code Ann. 2-4-303); in force through Sept. 30, 2021 (read as 2021-09-30)
- In force
- Aug. 31, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementSchools and child care
- Addressees
- schools and school districts
- students, parents and guardians
- Functions reached
- IN in-person instruction (mask mandates conditioned)
- WF workforce (school conditions 2021-22)
- Collection
- Montana MT
Operative words
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' mask mandates conditioned
Notes
Adopted the day before the Governor's 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)
Retrieval noteMont. Code Ann. 2-4-303 text read from the codified section (2019 MCA, archived Sept. 2021): 'The rule may be effective for a period not longer than 120 days'.