(1) The Board of Public Education shall determine whether a private institution provides instruction in the program the board prescribes.

(2) The Board of Public Education had designated as the basic instructional program the educational curriculum set forth in the Administrative Rules of Montana 10.55.402 and 10.55.403 as amended for application to private institutions.

(3) Students governed by compulsory attendance statutes, who are not enrolled and attending a public school must be enrolled in a private institution providing a basic instructional program as provided by the Board of Public Education or be excused under another aspect of 20-5-109 (2) , MCA.