20-9-327. Quality educator and qualified staff payment. (1) (a) The state shall provide a quality educator and qualified staff payment as calculated in 20-9-306 to the following educational entities:

(i) public school districts, as defined in 20-6-101 and 20-6-701;

(ii) special education cooperatives, as described in 20-7-451;

(iii) the Montana school for the deaf and blind, as described in 20-8-101;

(iv) correctional facilities, as defined in 41-5-103; and

(v) the Montana youth challenge program.

(b) A special education cooperative that has not met the requirements of 20-7-454 may not be funded under the provisions of this section except by approval of the superintendent of public instruction.

(2) (a) The quality educator and qualified staff payment for special education cooperatives must be distributed directly to special education cooperatives by the superintendent of public instruction.

(b) The quality educator and qualified staff payment for the Montana school for the deaf and blind must be distributed to the Montana school for the deaf and blind.

(c) The quality educator and qualified staff payment for Pine Hills correctional facility and the facility under contract with the department of corrections for female, as defined in 1-1-201, youth must be distributed to those facilities by the department of corrections.

(d) The quality educator and qualified staff payment for the Montana youth challenge program must be distributed to that program by the department of military affairs.

(3) (a) The number of quality educators is the number of full-time equivalent educators, as reported to the superintendent of public instruction for accreditation purposes in the previous school year, each of whom:

(i) holds a valid certificate under the provisions of 20-4-106 and is employed by an educational entity listed in subsection (1) in a position that requires an educator license in accordance with the administrative rules adopted by the board of public education; or

(ii) holds an American Indian language and culture specialist license and is employed by an entity listed in subsection (1) to provide instruction in American Indian language and culture.

(b) The number of qualified staff is the number of full-time equivalent staff, each of whom is employed by:

(i) an educational entity listed in subsection (1) to provide services to students as a licensed professional under 37-8-405, 37-8-415, 37-11-301, 37-15-301, 37-17-302, 37-24-301, 37-25-309, 37-39-308, 37-39-309, or 37-39-311;

(ii) an educational entity listed in subsection (1) and has been issued an emergency authorization of employment under 20-4-111 for that entity for no more than 3 school years;

(iii) a public school district, as defined in 20-6-101 and 20-6-701, as clerk of the district and performs the functions described in 20-3-325(3);

(iv) an educational entity listed in subsection (1) as an advanced opportunity facilitator; or

(v) an educational entity listed in subsection (1) to provide educational sign language interpreting for deaf and hard-of-hearing students and meets the qualifications for educational sign language interpreting established by the board of public education.