20-4-101. System and definitions of teacher and specialist certification -- student teacher exception. (1) In order to establish a uniform system of quality education and to ensure the maintenance of professional standards, a system of teacher and specialist certification must be established and maintained under the provisions of this title and a person may not be permitted to teach in the public schools of the state until the person has obtained a teacher or specialist certificate or the district has obtained an emergency authorization of employment from the state.

(2) As used in this part, "teacher or specialist certificate" means a certificate issued or applied for under 20-4-106. The term "teacher or specialist" refers to a person certified under 20-4-106.

(3) The certification requirement does not apply to:

(a) a student teacher who is a student enrolled in an institution of higher learning approved by the board of regents of higher education for teacher training and who is jointly assigned by the institution of higher learning and the governing board of a district or a public institution to perform practice teaching in a nonsalaried status under the direction of a regularly employed and certificated teacher; or

(b) an instructor employed by the Montana university system or an accredited institution of equal rank and standing as that of any unit of the Montana university system when teaching any advanced course offered to pupils as defined in 20-1-101 for college credit, including courses provided pursuant to 20-3-324(28).

(4) An individual to whom the certification requirement does not apply under subsection (3) must be accorded the same protection of the laws as that accorded a certificated teacher and shall, while performing functions authorized under subsection (3), comply with all rules of the governing board of the district or public institution and the applicable provisions of 20-4-301 relating to the duties of teachers.