Definitions

# (1)

"Department" means the department of revenue provided for in 2-15-1301 .

# (2)

"Donation" means a gift of cash.

# (3)

"Eligible student" means a student who is a Montana resident and who is 5 years of age or older on or before September 10 of the year of attendance and has not yet reached 19 years of age.

# (4)

"Innovative educational program" includes any of the following:

# (a)

transformational learning as defined in [ 20-7-1601 ];

# (b)

advanced opportunity as defined in 20-7-1503 ;

# (c)

any program, service, instructional methodology, or adaptive equipment used to expand opportunity for a child with a disability as defined in 20-7-401 ;

# (d)

any courses provided through work-based learning partnerships or for postsecondary credit or career certification;

# (e)

technology enhancements, including but not limited to any expenditure incurred for purposes specified in 20-9-533 ; and

# (f)

capital improvements and equipment necessary to support an innovative educational program.

# (5)

"Partnership" has the meaning provided in 15-30-2101 .

# (6)

"Pass-through entity" has the meaning provided in 15-30-2101 .

# (7)

"Qualified education provider" means an education provider that:

# (a)

is not a public school;

# (b)

(i) is accredited, has applied for accreditation, or is provisionally accredited by a state, regional, or national accreditation organization; or

(ii) is a nonaccredited provider or tutor and has informed the child's parents or legal guardian in writing at the time of enrollment that the provider is not accredited and is not seeking accreditation;

# (c)

is not a home school as referred to in 20-5-102 (2)(e);

# (d)

satisfies the health and safety requirements prescribed by law for private schools in this state; and

# (e)

qualifies for an exemption from compulsory enrollment under 20-5-102 (2)(e) and 20-5-109 .

# (8)

"Small business corporation" has the meaning provided in 15-30-3301 .

# (9)

"Student scholarship organization" means a charitable organization in this state that:

# (a)

is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3);

# (b)

is certified by the department in accordance with the requirements under 15-30-3103 to accept donations eligible for the tax credit under 15-30-3111 and provide scholarships to eligible students;

# (c)

allocates not less than 90% of its annual revenue from donations eligible for the tax credit under 15-30-3111 for scholarships to allow students to enroll with any qualified education provider; and

# (d)

provides educational scholarships to eligible students without limiting access to a parent's or guardian's choice of qualified education provider.

# (10)

"Taxpayer" has the meaning provided in 15-30-2101 . (Terminates December 31, 2029--sec. 20, Ch. 480, L. 2021, sec. 7, Ch. 558, L. 2023, sec. 12, Ch. 558, L. 2023.)