Mont. Admin. R. tit. 10 | Mont. Admin. R. Title 10 — Education

Chapter 10.1 Organizational Rule

Subchapter 10.1.1 Organizational Rule

Mont. Admin. R. 10.1.101 Organizational Rule

(1) Organization of the Office of Public Instruction.

(a) The Office of Public Instruction (OPI) was implemented under the provisions of section 1, chapter 86 of the Laws of Montana, 1903, and section 14, chapter 5, Revised Codes of Montana, 1947.

(b) The office consists of the Superintendent’s Office and the following three divisions:

(i) Program Division;

(ii) Finance Division; and

(iii) Information Technology and Data Division.

(c) Each division is headed by an administrator. The divisions are comprised of sections, which are divided into units. See functional chart.

(d) The Superintendent of Public Instruction is responsible for administration of the office. The superintendent is empowered to appoint a deputy superintendent and to employ, organize, and administer a staff of personnel to assist the superintendent in the administration of the duties and services of the office. The Superintendent’s Office consists of executive staff responsible for overseeing human resources, operations, communications, policy, and legal affairs, as well as oversight of agency administrators.

(e) The superintendent serves on boards, commissions, and councils as provided in the Constitution of the State of Montana and the Montana Legislature.

(f) There are two councils that serve in an advisory capacity to the superintendent. They are the Special Education Advisory Panel and the Montana Advisory Council on Indian Education. These councils have no rulemaking or adjudicating authority.

(2) Functions of divisions.

(a) The Program Division implements state and federal academic programs in support of school, teacher, and student improvement, achievement, and safety.

(b) The Finance Division performs the fiscal and centralized services support functions of the office.

(d) The Information Technology and Data Division provides technology and data support services.

(3) General inquiries regarding the office may be addressed to the Superintendent’s Office. Specific information regarding the functions of a division may be addressed to the deputy superintendent of chief of staff. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the chief legal counsel unless notice in the Montana Administrative Register makes specific provisions for submissions.

(4) The address for the superintendent and administrators for each division is the Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501.

(5) A chart describing office organization is attached and incorporated into this rule.

History

Authorizing statute(s): 20-3-103, 20-3-104, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 7/2/79; AMD, Eff. 12/31/81; AMD, Eff. 3/31/90; AMD, Eff. 12/31/91; AMD, Eff. 9/30/96; AMD, Eff. 6/30/98; AMD, Eff. 3/31/02; AMD, Eff. 3/31/12; AMD, Eff. 9/30/20; AMD, Eff. 11/14/23; AMD, Eff. 8/25/25.

Chapter 10.2 Procedural Rules

Subchapter 10.2.1 Rulemaking

Mont. Admin. R. 10.2.101 Rulemaking

The superintendent of public instruction herein adopts and incorporates by reference the Model Rules of the Attorney General for rule making proceedings, ARM 1.3.205 through ARM 1.3.211.

History

Authorizing statute(s): Sec. 2-4-306, MCA
Implementing statute(s): Sec. 2-4-306, MCA
History: NEW, 1977 MAR p. 1233, Eff. 12/24/77; AMD, 1978 MAR p. 991, Eff. 7/15/78.

Chapter 10.6 Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana

Subchapter 10.6.1 Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana

Mont. Admin. R. 10.6.101 Scope of Rules

(1) These rules govern the procedure for conducting all hearings on school controversy cases arising under the provisions of Title 20, MCA, before the county superintendent or the county transportation committee, and all appeals to the state superintendent of public instruction. These rules shall be construed to secure the just, speedy and inexpensive determination of every action. All rules promulgated by former state superintendents with regard to school controversies are hereby repealed.

(a) All matters appealed to the county transportation committee shall be governed by these rules of controversy. It shall be the duty of the county superintendent, as chairperson of the county transportation committee, to ensure compliance. All references made in this chapter to the county superintendent as to the procedure on these school rules shall also include the county transportation committee where appropriate.

(b) All controversies arising under any other provision of Title 20, MCA for which a procedure for resolving controversies is not expressly prescribed shall be governed by these rules.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.102 School Controversy Means Contested Case

(1) Contested case means any proceeding in which a determination of legal rights, duties or privileges of a party is required by law to be made after an opportunity for hearing.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.103 Initiating School Controversy Procedure Process

(1) A person who has been aggrieved by a final decision of the board of trustees of a school district in a contested case is entitled to commence an appeal before the county superintendent.

(2) A school controversy contested case shall be commenced by filing a notice of appeal with the county superintendent and the parties within 30 days after the final decision of the board of trustees of the school district is made. The date of filing shall be determined to be the date the notice is delivered to the county superintendent or, if mailed, the date the notice is deposited in the U.S. mail as evidenced by the postmark date. Notice of appeal shall be served on the parties by certified mail or personal delivery. Respondent shall file a written reply to the notice of appeal within 10 business days of receipt.

(3) A party to a controversy may make and file with the county superintendent an affidavit disqualifying the county superintendent pursuant to 20-3-211 , MCA. The affidavit must be filed not less than 10 days before the original date set for the hearing.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1985 MAR p. 246, Eff. 3/15/85; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.104 Jurisdiction

(1) The county superintendent shall upon receipt of the notice of appeal, determine:

(a) whether the appeal is a contested case; and

(b) whether he/she has jurisdiction on the matter.

(2) The county superintendent shall, at all times, have jurisdiction to determine the jurisdiction over any particular contested case. In such situations, the rules of procedure shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as necessary to suit the circumstances of the case.

(3) The county superintendent may determine that he/she does not have jurisdiction or the power to act over a particular matter. In this event, the county superintendent shall enter an order dismissing the appeal for lack of jurisdiction. The county superintendent, after making the determination that the matter is a contested case pursuant to the provisions of this chapter and that he/she has jurisdiction, shall hear the appeal and take testimony in order to determine the facts related to the contested case.

(4) A determination by the county superintendent as to jurisdiction may be immediately appealed to the state superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.105 Commencement of Action/Requirements of the Notice of Appeal

(1) The appealing party shall be known as petitioner, and the responding party shall be known as respondent.

(2) When a party appeals to the county superintendent, the notice of appeal must include:

(a) a caption setting forth the name and the county of the superintendent;

(b) the names and addresses of all appropriate parties;

(d) a statement setting forth the basis for the contested case that the county superintendent has proper jurisdiction;

(e) references to the particular sections of the statutes and rules involved.

(3) The notice of appeal shall be signed by the petitioner and/or the petitioner's representative.

(4) Failure of any party to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal but is grounds for such action as the county superintendent deems appropriate, which may include dismissal of the appeal.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.107 Conference and Informal Disposition

(1) The county superintendent may informally confer with the parties for the purpose of attempting informal disposition of any contested case.

(2) This conference of informal disposition may occur at any time prior to the issuing of the final findings of fact, conclusions of law and order of the county superintendent. The parties may informally confer to resolve the school controversy contested case by stipulation, agreed settlement, consent order, or default. To be effective, any agreement made at such conference must be reduced to writing and signed by all parties. An agreed resolution shall end the proceedings and bar further proceedings.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.108 County Superintendent's Prehearing Procedure - Formulating Issues

(1) In any action, the county superintendent within 10 working days of receipt of the reply to the appeal shall order a prehearing conference, which may be held by telephone conference call, to consider:

(a) the simplification of the issues;

(b) the necessity or desirability of amendments to the pleading;

(d) a limitation of the number of expert witnesses;

(e) the date for hearing;

(f) such other matters as may aid in the disposition of the action.

(2) In addition to the matters to be considered, the prehearing conference notice shall include a provision advising the parties of their right to be represented by counsel at their own expense.

(3) The county superintendent shall issue an order which recites the action taken at the conference, the amendments to the notice of appeal and the agreements made by the parties as to any of the mattes considered, and which limits the issues for the hearing to those not disposed of by admissions or agreements of the parties. Such order when entered will control the subsequent course of action, unless modified at the hearing to prevent manifest injustice.

(4) County superintendents shall ensure the privacy of matters before them as is required by law. Parents maintain the right to waive their right of confidentiality and privacy in the hearing and may request that the hearing be open to the public. The county superintendent shall also provide or allow an opportunity for the minor to be present at the hearing upon request of the parent or guardian.

(5) The county superintendent shall conduct the hearing in a location stipulated to by all parties and the county superintendent. In the event of disagreement, the county superintendent will make the final determination.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.109 Discovery

(1) The county superintendent may compel or limit discovery prior to the hearing and/or prehearing conference pursuant to ARM 10.6.110 through 10.6.113.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.110 Discovery Methods

(1) Parties may obtain discovery by one or more of the following methods:

(a) depositions upon oral examination or written questions;

(b) written questions;

(d) request for admissions.

(2) Any evidence to be introduced at the hearing or on file shall be made available for disclosure to all parties at least five days before the hearing.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Mont. Admin. R. 10.6.111 Scope of Discovery

(1) Unless otherwise limited by order of the county superintendent, the scope of discovery is as follows:

(a) in general, parties may obtain discovery regarding any matter not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party, including the existence, description, nature, custody, condition and location of any books, documents or other tangible items and the identity and location of persons having knowledge of any discoverable material;

(b) a party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for hearing.

History

Authorizing statute(s): 20-7-103, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Mont. Admin. R. 10.6.112 Limitations on Discovery by the County Superintendent

(1) Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the county superintendent before whom the action is pending may make any order which justice required to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(a) that the discovery not be had;

(b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(c) that the discovery may be had only by a method of discovery other than that selected by the parties seeking discovery;

(d) that certain matters should not be inquired into, or that the scope of the discovery be limited to certain matters;

(e) that discovery be conducted with no one present except persons designated by the county superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Mont. Admin. R. 10.6.113 Sequence and Timing of Discovery

(1) The county superintendent shall provide reasonable discovery on the relevant issues for the hearing and shall establish a calendar so as not to allow discovery to delay a hearing. A request for discovery directed to the party must be made within 30 days of filing of respondent's reply to the notice of appeal.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.114 Ex-Parte Consultations

(1) The county superintendent, after receipt of a notice of appeal, shall not communicate with any party in connection with any issue of fact or law in such case except upon notice and opportunity for all parties to participate.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.115 Powers of the County Superintendent

(1) The county superintendent may:

(a) administer oaths;

(b) issue subpoenas;

(d) set the time and place of the hearing and direct parties to appear and confer to consider simplification of the issues;

(e) fix the time for filing of briefs and other documents;

(f) request the submission of proposed findings of fact and conclusions of law at the conclusion of the hearing.

(2) The county superintendent shall be bound by common law and the Montana Rules of Evidence. All evidence and objections to evidence shall be noted in the record:

(a) any part of the evidence may be received in written form;

(b) documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the county superintendent's specialized knowledge.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.116 Hearings

(1) The hearing will be conducted before the county superintendent in the order set at the prehearing conference and will include:

(a) statement and evidence of the petitioner or other party in support of its action;

(b) statement and evidence of the respondent in support of its action;

(d) closing arguments.

(2) Each party shall have the right to conduct cross-examinations for a full and true disclosure of the facts, including the right to cross-examine the authority of any document prepared by or on behalf of or for the use of all parties and offered into evidence. All testimony shall be given under oath or affirmation.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.118 Record

(1) The record in the hearing shall include:

(a) all pleadings, motions, intermediate ruling;

(b) all evidence received plus a stenographic or tape-recorded record of oral proceeding;

(d) questions and offers or proof, objections and proceedings thereon;

(e) proposed findings and exceptions;

(f) findings of fact, conclusions of law and order by the county superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.119 Final Order

(1) The final order by the county superintendent shall be in writing and shall include findings of fact and conclusions of law separately stated and a memorandum opinion as appropriate. Findings of fact, as set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(a) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(b) Each conclusion of law shall be supported by authority or by a reasoned opinion.

(c) The final order shall inform the parties of their right to appeal the order to the state superintendent of public instruction, and when appropriate, shall include a copy of the uniform rules of administrative appellate procedure for the state superintendent of public instruction with the final order, ARM 10.6.120 through 10.6.130.

(2) The county superintendent shall insure for all cases that not later than 90 days after the receipt of the reply to notice of appeal a final order is reached and a copy of the findings of fact, conclusions of law and order is mailed to each party. The time limitation provided here may be waived upon request of the county superintendent or a party of the school controversy contested case, upon stipulation of the parties.

(3) In the case of an appeal to the county transportation committee, after hearing the committee shall meet and vote in open session whether to grant or deny the appeal. The members of the majority shall appoint one member to prepare findings of fact, conclusions of law and order which shall then be adopted at an open meeting of the transportation committee and signed by all members of the majority. Any member of the minority may put the reasons for his/her vote in writing, and this shall be made part of the record.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.121 Appellate Procedure - Scope of Rules

(1) The superintendent of public instruction shall decide matters of controversy when they are appealed from a decision of a county superintendent.

(2) All references made to the county superintendent shall also include the county transportation committee where appropriate.

(3) A party who is aggrieved by a final decision in a contested case before the county superintendent is entitled to appellate review by administrative appeal to the state superintendent. The superintendent of public instruction shall make his/her decision on the basis of the record established at the county superintendent hearing and upon review of the findings of fact, conclusions of law and order of the county superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1983 MAR p. 850, Eff. 7/15/83; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.122 Appellate Procedure - Notice of Appeal - Filing

(1) An appeal shall be taken by filing a notice of appeal with the state superintendent of public instruction. The date of filing shall be the date of actual delivery to the office of the state superintendent. A copy of such notice of appeal shall be served on the parties and the county superintendent. Failure of any party to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal but is grounds for such action as the state superintendent deems appropriate, which may include dismissal of the appeal.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1983 MAR p. 850, Eff. 7/15/83; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.123 Appellate Procedure - Contents of the Notice of Appeal

(1) the appealing party shall be known as appellant, and the responding party shall be known as respondent. When a party appeals to the state superintendent of public instruction, the notice of appeal must include:

(a) a caption setting forth the name of the state superintendent of public instruction;

(b) the name and addresses of all appropriate parties;

(d) a statement indicating that appellant has a contested case, identifying the county superintendent from which the appeal is taken and whether the state superintendent has proper jurisdiction;

(e) references to the particular sections of the statutes and rules involved;

(f) the signature of the petitioner and/or the petitioner's representative;

(g) a copy of the findings of fact, conclusions of law and order of the county superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.124 Appellate Procedure - Transmission of Record

(1) Upon receipt of a copy of the notice of appeal to the state superintendent of public instruction, the county superintendent shall transmit the record along with a certified docket listing the contents of the record. The record shall contain all items identified in ARM 10.6.118 including a transcript of the proceedings. Such records shall be transmitted to the state superintendent within 20 days following receipt of the notice of appeal unless otherwise ordered by the state superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.125 Appellate Procedure - Standard of Review

(1) The state superintendent of public instruction shall be subject to the standard of review as set forth below and shall be confined to the record established at the fact finding hearing.

(2) In cases of alleged irregularities in procedure before the county superintendent not shown on the record, proof thereof may be taken by the state superintendent.

(3) The state superintendent, at his/her discretion or upon request, may hear oral arguments and receive written briefs.

(4) The state superintendent may not substitute his/her judgment for that of the county superintendent as to the weight of the evidence on questions of fact. The state superintendent may affirm the decision of the county superintendent or remand the case for further proceedings or refuse to accept the appeal on the grounds that the state superintendent fails to retain proper jurisdiction on the matter. The state superintendent may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings of fact, conclusions of law and order are:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority;

(d) affected by other error of law;

(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion;

(g) affected because findings of fact upon issues essential to the decision were not made although requested.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

Mont. Admin. R. 10.6.127 Appellate Procedure - Time

(1) Appellant shall appeal from the order of the county superintendent of schools to the state superintendent of public instruction within 30 days after the rendering of such order unless the time is shortened or extended by an order entered by the state superintendent upon good cause showing. If a party petitions for a re-hearing before they appeal the final decision to the state superintendent, then the 30-day statute of limitations shall be tolled until a final decision has been rendered by the county superintendent.

(2) The decision of the superintendent of public instruction shall be rendered within a reasonable time after the case has been deemed submitted by the state superintendent.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Mont. Admin. R. 10.6.128 Appellate Procedure - Decision

(1) The decision and order of the superintendent of public instruction shall be final, subject to the proper legal remedies in the state/federal courts. Such proceedings shall be commenced no later than 60 days after the date of the decision and order of the state superintendent of public instruction.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Mont. Admin. R. 10.6.129 Appellate Procedure - Failure to Comply with These Rules

(1) Every party to a controversy shall comply with these rules of procedure. Failure of one party to do what is required and which substantially prejudices the proceedings is cause for dismissal or reversal as appropriate.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Mont. Admin. R. 10.6.130 Appellate Procedure

(1) The state superintendent may upon agreement of all parties conduct oral argument by means of telecommunication or teleconferencing methods.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-107, MCA
History: NEW, 1982 MAR p. 1689, Eff. 9/17/82.

Chapter 10.7 Pupil Transportation

Subchapter 10.7.1 Pupil Transportation

Mont. Admin. R. 10.7.101 Introduction

(1) The following rules are adopted to implement 20-10-112, MCA, which requires the Superintendent of Public Instruction to prescribe such rules as may be necessary to have a uniform and equal provision of transportation by all districts in the state of Montana.

(2) The following list briefly states in chronological order the administrative steps for school transportation. This list is not a substitute for the more detailed requirements stated in these rules:

(a) By July 1 a district must send copies of all completed school bus contracts to the county superintendent.

(b) By July 1 a district must do all of the following:

(i) complete and sign transportation contracts (three copies) for the ensuing year;

(ii) send to the county superintendent copies of all completed individual transportation contracts; and

(iii) submit individual transportation contracts electronically to the Superintendent of Public Instruction.

(c) By the fourth Monday in July a county transportation committee (CTC) must act to approve or not approve all bus routes established by districts. The CTC must also act on all applications for increased individual payments due to isolation. Approval of board of trustees for increased payments is required prior to CTC action.

(d) By October 1, the county superintendent must electronically acknowledge receipt of all individual transportation contracts and electronically authorize individual transportation contracts for which the CTC has approved increased payments due to isolation.

(e) At least 30 days prior to the beginning of the first semester the Montana Highway Patrol must inspect all school buses used to transport students. If necessary, the buses must be reinspected before the beginning of the semester.

(f) By the second Monday in September the county superintendent must send the final budgets for the ensuing year to the Superintendent of Public Instruction.

(g) By November 1 a district must send the county superintendent one copy of the TR-1 for each bus route and submit a TR-1 for each bus route electronically to the Superintendent of Public Instruction.

(h) By November 10 the county superintendent must electronically approve each TR-1 submitted by the district in (2)(g).

(i) By mid-November the Superintendent of Public Instruction must electronically notify county superintendents and district clerks of the approved rates for individual and isolated contracts.

(j) Upon receipt of the approved rates required in (2)(i) a district must provide a copy of the contract to each parent, guardian, or emancipated minor with whom the district holds a contract.

(k) Sixty days after the beginning of the school year, or 60 days after employment, the first-aid competency requirement for new bus drivers must be completed.

(l) By January 31 buses must have passed the inspection for the second semester.

(m) By February 15 a district must send the county superintendent one copy of transportation claims TR-5 and TR-6 and submit the claims electronically to the Superintendent of Public Instruction.

(n) By February 22 the county superintendent must electronically authorize each district TR-5 and TR-6 claim for the first semester.

(o) Upon receipt of electronic claims, the Superintendent of Public Instruction verifies the claims and disburses the approved amount of state reimbursement for first semester transportation. Payments will be made on or before March 31.

(p) Upon receipt of electronic state payment notice the county superintendent orders the disbursement of county reimbursement for first semester transportation on the basis of state reimbursement.

(q) By May 24 a district must send the county superintendent one copy of completed transportation claims TR-5 and TR-6 and submit the claims electronically to the Superintendent of Public Instruction.

(r) By June 1 the county superintendent must electronically authorize each district TR-5 and TR-6 claim for the second semester.

(s) Upon receipt of electronic claims the Superintendent of Public Instruction verifies the claims and disburses the approved amount of state reimbursement for second semester transportation. Payments will be made on or before June 30.

(t) Upon receipt of electronic state payment notice the county superintendent orders the disbursement of county reimbursement for second semester transportation on the basis of state reimbursement.

(u) Whenever necessary, new individual transportation contracts received by the school district after final budget adoption are completed by the board of trustees. The district will enter and submit the contract electronically to the Superintendent of Public Instruction and submit the original to the county superintendent.

(v) Whenever required, the board of trustees issues Montana school bus driver certification to bus drivers and transmits the required copies to the county superintendent. The district will submit new and amended driver certifications electronically, as they are updated, to the Superintendent of Public Instruction.

(w) Whenever required, but no later than June 30, budget amendment proceedings must be completed to provide budget authority for additional pupil transportation obligations arising after final budget adoption and for which the contingency item is inadequate.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-9-134, 20-9-166, 20-10-101, 20-10-124, 20-10-147, 20-10-201, 20-10-202, 20-10-203, 20-10-204, 20-10-205, 20-10-206, 20-10-207, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.104 Claim Procedure

(1) First semester:

(a) By February 15 the board of trustees must provide the county superintendent with one complete copy of the first semester transportation claim using forms provided electronically by the Superintendent of Public Instruction. The district claims must be signed by the chairman of the board of trustees and a copy must be retained on file at the district for audit purposes.

(b) By February 22 the county superintendent must review each district's claim for completeness and accuracy, and electronically notify the Superintendent of Public Instruction of the county superintendent's approval of each district's first semester transportation claim.

(c) Valid claims submitted by the district and approved by the county superintendent after February 22 will be paid with the second semester transportation reimbursement.

(2) Second semester:

(a) By May 24 the board of trustees must provide the county superintendent with one complete copy of the second semester transportation claim using forms provided electronically by the Superintendent of Public Instruction. The district claims must be signed by the chairman of the board of trustees and a copy must be retained on file at the district for audit purposes.

(b) By June 1, the county superintendent must review each district's claim for completeness and accuracy and electronically notify the Superintendent of Public Instruction of the county superintendent's approval of each district's second semester transportation claim.

(c) Valid claims submitted by the district and approved by the county superintendent after May 24 and by June 30 will be paid by September 30 of the following school year.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-145, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.105 Pupil Transportation Contracts

(1) School districts are required to have individual transportation contracts for the ensuing year signed by July 1.

(2) Three copies of the contract form are needed: one for the individual or contractor providing the service, one for the district clerk, and one for the county superintendent.

(3) The board of trustees is prohibited from issuing warrants on the transportation budget in the absence of a contract.

(4) State reimbursement is paid only on claims supported by valid contracts.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-121, 20-10-124, 20-10-143, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.106 Contents and Limitations of Pupil Transportation Contracts

(1) Section 20-10-124, MCA, provides for contracts between a school district and a parent, legal guardian or an emancipated minor to fulfill the district's obligation to furnish transportation for an eligible transportee.

(2) A school district may enter into a contract for the provision of individual transportation only if the student being transported is an eligible transportee of the district.

(a) An eligible transportee, as defined in 20-10-101, MCA, is deemed by law "to reside with a parent or guardian who maintains legal residence within the boundaries of the district furnishing the transportation regardless of where the eligible transportee actually lives when attending school."

(i) An emancipated minor may also be considered an eligible transportee if the other criteria of 20-10-101(2), MCA, are met.

(ii) Prekindergarten pupils with disabilities are considered eligible transportees regardless of distance between home and school or bus stop.

(b) When a student attends school outside his or her district of residence under an out-of-district attendance agreement approved by the district of residence, either the district of attendance or the district of residence, but not both, may consider the student an eligible transportee for purposes of contracting to provide transportation reimbursement or to provide bus services. Transportation arrangements must conform to ARM 10.7.106A.

(c) Unless a student is attending school under the mandatory provisions of 20-5-321(1)(d) or (e), MCA, or under an individual education plan (IEP), the distance from the home to the nearest operating school or bus stop will be used to calculate the reimbursement under a pupil transportation contract.

(i) The nearest operating school for purposes of (2)(c) is the nearest elementary or high school that the student could reasonably attend, offering educational services appropriate for the grade level of the student. Whether the school is in the district of attendance or the district of residence is irrelevant to the calculation.

(ii) The nearest bus stop for purposes of (2)(c) is the nearest bus stop where the student could board a bus to the elementary or high school offering educational services appropriate for the grade level of the student that the student could reasonably attend, regardless of whether the bus stop is provided by the district of attendance or the district of residence.

(d) If the student attends under the mandatory provisions of 20-5-321(1)(d) or (e), MCA, or is placed in another district under an IEP, the distance from the home to the nearest appropriate school or bus stop will be used to calculate the amount of reimbursement under an individual contract for transportation.

(e) The state may honor valid individual contracts which are approved by the district after the budget has been adopted as per ARM 10.7.107.

(f) In no case may the district honor a contract submitted after the last pupil instruction day of the school year at the school of attendance.

(3) If an approved out-of-district attendance agreement that includes terms for providing transportation does not exist between the district of residence and the district of attendance, the parent or guardian shall provide transportation at his own expense.

(4) When making an individual transportation contract with the district, the parent, legal guardian or emancipated minor must sign an affidavit attesting to the place of residence of the student. No person other than the student's parent, legal guardian or an emancipated minor may enter into an individual contract for transportation or receive the transportation reimbursement. Transportation must be provided by a licensed driver in an insured vehicle.

(5) The form for contracts between a school district and a parent, legal guardian or emancipated minor is designated form TR-4. The same contract form is used for both elementary and high school pupils and provides for contracts at the individual rate or for the increased individual rate provided by 20-10-142(3), MCA.

(6) The maximum daily reimbursement rate a parent, legal guardian or emancipated minor may receive for a mileage contract is the daily rate he or she would receive under a room and board contract, unless the contract has been approved for isolation.

(7) To be eligible to receive reimbursement for a mileage contract, transportation for the mileage reported on the contract must actually occur. The district may not claim state or county reimbursement or pay a parent, legal guardian or emancipated minor for transportation on days the student does not attend school.

(8) Contracts for students with transportation listed as a related service on their individualized education plans will receive the following state/county reimbursement:

(a) Students who live three miles or less from the school or bus stop will be eligible for the minimum state/county reimbursement rate of 35 cents per day;

(b) Contracts for students who live over three miles from the school or bus stop will receive a state/county reimbursement rate calculated with the same formula used for all other students.

(9) If the distance from the student's home to the nearest bus stop or school decreases during the term of the individual contract, the district must amend the contract to reflect the lower mileage and must notify the Superintendent of Public Instruction and the county superintendent of the date the lowered mileage became effective. The Superintendent of Public Instruction will recalculate the daily reimbursement rate and will assign a new contract number to the amended contract. The school district must claim the number of days that transportation occurs at each distance on the TR-5 school district claim for individual transportation reimbursement.

(10) The contract must be completed in its entirety, signed by the parent, legal guardian, or emancipated minor, and the chairman of the board of trustees on or before July 1 of the school year for which the transportation is being provided. The signed contract is the authorization of the board of trustees to budget for that transportation expenditure necessary to meet the obligation imposed on the district by the contract. Each party to the contract and the county superintendent must receive a copy of the contract.

(11) If the contracting party applies for increased individual transportation payments due to isolation, the contract must be completed and signed in advance of the meeting of the county transportation committee at which such applications are approved or disapproved. (The date of this meeting in any county can be obtained from the county superintendent.) Approval of any increased rates by the county transportation committee precedes budget adoption.

(12) The district clerk must transmit each transportation contract to the county superintendent and submit each contract electronically to the Superintendent of Public Instruction by July 1, or as received and accepted by the board of trustees.

(13) By October 1, or as received from the district, the county superintendent must electronically verify the County Transportation Committee's receipt of each transportation contract to the Superintendent of Public Instruction. All individual contracts made between the same parent or legal guardian and different school districts (in the same county or in different counties) are gathered electronically by the Superintendent of Public Instruction and allocation of district responsibility for payment is made in compliance with the law and the Board of Public Education policy.

(14) By mid-November, the Superintendent of Public Instruction electronically provides approved contract rates to the county superintendent and to each district clerk of a district providing individual contracts for transportation.

(15) The district clerk, in writing warrants for transportation payments to the parent, legal guardian, or the emancipated minor, is guided by the approved rates; the school district may only make payments to the parent, legal guardian, or emancipated minor in accordance with the rate established in (14) for approved contracts.

(16) The district must retain a copy of each signed individual transportation contract on file for audit purposes.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-5-321, 20-9-166, 20-10-101, 20-10-111, 20-10-112, 20-10-121, 20-10-124, 20-10-142, MCA
History: Eff. 2/6/53; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.106A TRANSPORTATION COSTS ALLOCATED BY OUT-OF-DISTRICT ATTENDANCE AGREEMENTS

10.7.106A TRANSPORTATION COSTS ALLOCATED BY OUT-OF-DISTRICT ATTENDANCE AGREEMENTS

(1) If trustees of a student's districts of residence and attendance sign an out-of-district attendance agreement that includes transportation, either district may provide bus transportation or a pupil transportation contract under the conditions of ARM 10.7.105.

(a) When a student enrolls outside their district of residence, by parent request in accordance with 20-5-320, MCA, the student is not an eligible transportee and transportation is the responsibility of the parent or guardian. A student with a disability is always an eligible transportee under 20-10-101, MCA.

(b) When an out-of-district attendance agreement is in place, the district of attendance may discretionarily provide transportation to the student.

(c) Only under an agreement between the district of residence and the district of attendance may a student be an eligible transportee of the district that is providing transportation as defined in 20-5-320, MCA.

(2) On-schedule costs of transporting the eligible transportee may be claimed for transportation aid in accordance with 20-10-141 and 20-10-142, MCA.

(3) Pursuant to 20-5-323, MCA, a school district transporting a student under an out-of-district attendance agreement may charge for over-schedule costs of transportation if stated in the attendance agreement. Over-schedule costs of transporting an out-of-district ineligible student, as limited by 20-5-323(5), MCA, may be charged to the parents or guardians responsible for placing the child, in accordance with 20-5-320 or 20-5-321, MCA.

(4) In accordance with 20-5-323, MCA, the over-schedule costs charged under an attendance agreement for the school year 20XX may not exceed the lesser of:

(a) the transportation fund expenditures reported by the district of residence on the Trustees' Financial Summary for 20XX-2, divided by the total October 1 enrollment for the school year 20XX-2; or

(b) the number of miles added to a bus route or routes to accommodate students attending under attendance agreements, divided by the number of students riding the buses under the attendance agreement(s), times $0.35, times the number of days the route or routes are conducted for the year of attendance.

(5) A party being charged over-schedule costs of transportation on an attendance agreement may request and receive written documentation from the district of residence showing the calculation in (4) before signing the attendance agreement, agreeing to pay over-schedule costs of transportation.

(6) The district or other party being charged for over-schedule costs is responsible for verifying that the charges do not exceed the calculation in (4) before approving the attendance agreement, thereby accepting responsibility for charges.

(7) Transportation charges must be prorated based on the number of days the student was enrolled compared to 180 days.

(8) If a district agrees to provide transportation, the district providing transportation must bill the party responsible for paying transportation obligations of an attendance agreement in accordance with 20-5-324, MCA.

History

Authorizing statute(s): 20-5-323, 20-9-201, 20-10-112, MCA
Implementing statute(s): 20-5-320, 20-5-321, 20-5-323, 20-5-324, 20-10-141, 20-10-142, MCA
History: NEW, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.7.107 Contingency Transportation and Budget Amendments for Transportation

(1) Whenever, during the course of a school year, the district becomes obligated to provide transportation for a student, the board of trustees immediately must:

(a) provide bus service for the eligible transportee; or

(b) enter into a contract with the parent, legal guardian or emancipated minor, and transmit a copy of the contract to the county superintendent, who transmits one copy immediately to the Superintendent of Public Instruction.

(2) The cost of such additional transportation is met by the contingency item in the transportation budget or nonoperating budget. Valid claims against the amount budgeted as contingency are reimbursable by the state and county as on-schedule costs.

(3) If there is no contingency item (or the appropriation therein is already obligated for other pupils in the district) , the district shall institute budget amendment proceedings to acquire the budget authorization necessary to provide transportation for such students.

(4) The on-schedule costs associated with the contingency transportation, in excess of the contingency amount, are reimbursable by the state and county only upon adoption of a budget amendment increase as provided by 20-9-161 through 20-9-168 , MCA, and, either county transportation committee approval of new or altered bus routes or district approval of new individual transportation contracts, and state approval of such transportation.

(a) The state shall pay its share of these on-schedule costs as provided in 20-10-145 , MCA.

(b) The county shall pay its share of these on-schedule costs as provided in 20-10-146 , MCA.

(i) The county shall include in the levy requirement for the ensuing year, any unpaid amount of the county's obligation for contingency transportation.

(5) The over-schedule costs of the contingency transportation shall be paid by the district and funded by:

(a) the district's transportation reserves;

(b) budget transfers from other line items in the transportation fund as provided in 20-9-208 , MCA, if available; and

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-9-166, 20-10-124, 20-10-143, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.7.108 Bus Contracts

(1) Contracts between districts and bus contractors must be signed prior to the adoption of the budget by the trustees. Such contracts may run for a period of more than one year but not exceeding five years. Whenever a new contract is completed, one copy is retained by the bus contractor, one copy is retained by the district clerk and one copy is transmitted to the county superintendent.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-124, 20-10-143, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 1998 MAR p. 1719, Eff. 6/26/98.

Mont. Admin. R. 10.7.109 Bus Transportation Reimbursement-School District Application Tr-1 for Registration of School Buses and State Reimbursement

(1) The form used for this application, designated form TR-1, must be completed by the board of trustees for each approved bus route in the district.

(a) The trustees shall send one copy of a TR-1 for each route to the county superintendent by November 1 and must submit the information for each route electronically to the Superintendent of Public Instruction.

(2) County and state approval of the electronic TR-1 is a prerequisite to reimbursement.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-112, 20-10-128, MCA
History: Eff. 2/26/53; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.110 Standards for School Buses

(1) Section 20-10-141 , MCA, establishes a schedule of bus transportation expenditures reimbursable from state funds. Reimbursable bus transportation shall be made on vehicles that are in compliance with 20-10-101 , MCA, and that meet the definition of school bus under state and federal law. Motor vehicles designed to carry ten or fewer persons do not meet the definition of a school bus and are not eligible for route reimbursement. To be eligible for reimbursement, motor vehicles that carry more than ten persons must meet the school bus standards set by the Board of Public Education for school buses in Montana and must pass semiannual inspection by the Highway Patrol.

(2) State and county reimbursement for bus transportation will only be paid for routes operated with buses (either district-owned or contractor-owned) that pass the Montana Highway Patrol's inspection. The Montana Highway Patrol's inspection will determine if the school bus meets the Minimum Standards for School Buses in Montana as adopted by the Board of Public Education.

(3) Section 61-9-502 , MCA, requires that the Montana Highway Patrol perform semiannual inspections of school buses. The first semiannual inspection must be passed prior to the beginning of the first semester. The second semiannual inspection must be passed no later than January 31.

(4) Only school buses that pass inspection may be used to transport students and only school buses that pass inspection will receive state and county transportation reimbursement. A school bus that fails to pass inspection will not be eligible for state and county reimbursement until the bus is reinspected and approved by the inspecting officer. The school district is responsible for contacting the Montana Highway Patrol for bus inspections. Nothing in this rule precludes the Montana Highway Patrol from inspecting school buses at other times as the highway patrol sees fit.

(5) Buses that are placed in operation after the school semester has begun must be inspected and approved by the Montana Highway Patrol before the vehicle is operated on the established route.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-101, 20-10-102, 20-10-104, 20-10-111, 20-10-112, 20-10-141, 61-9-502, MCA
History: Eff. 2/26/53; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.7.111 Bus Driver Certification Requirements for Reimbursement

(1) School bus drivers must hold a valid Montana school bus driver certificate in order for a district to receive state reimbursement for that driver's bus routes. Qualifications for bus drivers are prescribed by 20-10-103, MCA, and by the Board of Public Education in ARM 10.64.201.

(2) The bus driver certificate forms are provided electronically by the Superintendent of Public Instruction. The school district must input all necessary documentation into the Office of Public Instruction's electronic pupil transportation system, which generates the completed certificate. The chair of the board of trustees signs the certificate which is issued to a driver who is authorized and qualified to drive a school bus pursuant to all applicable rules, regulations and laws. The district retains a copy of each bus driver's certificate, provides a copy to the bus service contractor, if applicable, and files a copy with the county superintendent. The bus driver is also given a hard copy of the certificate, which must be carried at all times while driving a school bus.

(3) The first aid certificate required by ARM 10.64.201 must include instruction in adult and pediatric CPR, be signed by a certified instructor, and be received after an initial in-person training of at least four hours. The certificate must be renewed every two years. The renewal course may be in-person or online.

(4) State reimbursement for bus transportation for the full school term will be made only when a new driver of the bus has completed the first aid requirement within 60 days from the employment date. Any bus operated by a driver not so qualified will not be eligible for state reimbursement for that portion of the term that the driver is not qualified. Drivers who have driven the previous year must have the first aid requirement completed before the expiration date on their certificate.

(5) In the event a district (or contractor) is obligated to employ a driver as a replacement for a driver employed at the beginning of the school year, or must employ an additional driver, a period of 60 days will be permitted for the new driver to acquire the first aid certificate. If after 60 days following the date of first employment of the additional or replacement driver, the first aid requirement has not been met, the bus operated by the driver will not qualify for state reimbursement for that portion of the year that the driver is not qualified, including the 60-day grace period.

(6) A school bus driver certificate remains valid until the earliest expiration date of the commercial vehicle operator's endorsement, the first aid certificate, and/or physical examination. A new certificate must be issued to the driver when any of the above items expires and is renewed. A driver may not operate a school bus without a valid, current certificate.

(7) The qualifications of all bus drivers are reviewed at the time the state verification of transportation claims is made, as the qualifications of the bus driver are one of the criteria for eligibility for reimbursement. With the exception of (4) and (5), the State Superintendent will not reimburse for routes driven by drivers without a current certificate on file with the Office of Public Instruction. If any license, certificate, or examination was expired for any period of time, the Office of Public Instruction will withhold transportation reimbursement funding for the number of days the driver was not qualified.

(8) Districts must retain a signed copy of each bus driver certificate on file for audit purposes.

History

Authorizing statute(s): 20-3-106, 20-10-103, 20-10-112, MCA
Implementing statute(s): 20-10-103, 20-10-112, MCA
History: Eff. 2/26/53; ARM Pub. 11/26/77; AMD, 1980 MAR p. 142, Eff. 2/14/81; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2014 MAR p. 1799, Eff. 8/8/14.

Mont. Admin. R. 10.7.112 Summary of Requirements for Bus Transportation for Eligibility for State Reimbursement

(1) The route (the area served and the miles per day) must be established by the board of trustees, by board resolution.

(2) The route must be approved by the county transportation committee. ( 20-10-132 , MCA.)

(a) A district may not extend a bus route to transport pupils from outside its transportation service area unless the district has a written agreement with the district that the county transportation committee has assigned to transport the pupils. Without a written agreement between districts authorizing the route, the county transportation committee must withdraw its approval of the entire route. ( 20-10-126 , MCA.)

(b) The county transportation committee may not approve only a portion of a route. The route must be approved or denied in its entirety.

(3) The vehicle operating on the route must meet minimum standards for school buses adopted by the Board of Public Education.

(4) The vehicle operating on the route must be inspected and approved by the Montana Highway Patrol as stated in ARM 10.7.110.

(5) The driver of the vehicle must be qualified according to law. ( 20-10-103 , MCA.)

(6) Reimbursement is not authorized for bus transportation provided for a student who lives less than three miles from school unless transportation is listed as a related service on the student's individualized education plan or the student is a preschool student with disabilities.

(7) State and county reimbursement is not authorized for routes operated outside the term of the regular school year for days in excess of 180 days per school year or for days the route was not operated.

(8) When the board of trustees changes a route's mileage per day, or if a different school bus is used on the route, the trustees must amend the TR-1 bus route form, show the effective date of the change, submit it first to the county transportation committee for approval and then to the Superintendent of Public Instruction. When the claims for payments are submitted, the district will report the number of days the route operated at each mileage amount or number of days that each bus operated on the route. The Superintendent of Public Instruction will adjust the reimbursement for the route and will pay the adjusted rate for days the route operates after the date the change in mileage or bus became effective, subject to constraints of the budget or budget amendments.

(9) When routes are extended it is up to the district to determine if a budget amendment is required to cover the additional costs of the route.

(10) A school district shall not claim state and county transportation aid for the district's or cooperative's conveyance of students to and from alternative sites, buildings or other locations where services or programs are offered during the school day, such as partial-day special education services provided by a cooperative or classes at different buildings of the school district or community. Pursuant to 20-10-145 , MCA, school districts may claim state and county transportation reimbursement for conveyance of a pupil from the student's home to and from the location of the student's center based day program for the school day, such as a day treatment program or special education preschool program that is operated by a cooperative or district interlocal agreement.

History

Authorizing statute(s): 20-3-106, 20-9-102, 20-10-112, MCA
Implementing statute(s): 20-10-103, 20-10-112, 20-10-121, 20-10-126, 20-10-132, 20-10-141, 20-10-145, 20-10-146, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR 1740, Eff. 6/28/02.

Mont. Admin. R. 10.7.113 "two Contract Amount" Regulation

(1) The law which establishes the schedule governing payments to families prohibits paying more than one contract amount to any family. (An exception is noted in 20-10-142, MCA.) To comply with this law, the following rules have been adopted:

(a) If two or more eligible transportees are transported by a parent or guardian to two or more schools located within three miles of one another, and if such schools are operated by different school districts, the total amount of the reimbursement, calculated using the distance to the furthest school, shall be divided equally between the districts.

(i) The reimbursement paid to each district may be less than 35 cents per day, but the combined payment for the contract shall not be less than 35 cents per day.

(b) If two or more eligible transportees are transported by a parent or guardian to two or more schools located more than three miles from one another, the parent or guardian shall be separately reimbursed for transporting the eligible transportee or transportees to each school.

(c) If, because of a half-time preschool or kindergarten program, a parent or guardian must make a separate trip to transport an eligible preschool or kindergarten transportee from the school or bus stop, the parent or guardian is eligible for reimbursement for this trip. A separate TR-4 form shall be used for this trip.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-142, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.7.114 Schedule for Transportation Payments

(1) The schedule for paying for individual and isolated (or "increased") transportation or for room and board in lieu of bus transportation is found in 20-10-142 , MCA. This section establishes the amount of individual payments to parents for transporting their children to school (if they reside in an area not served by a school bus) or to a bus stop.

(2) Section 20-10-142 , MCA, authorizes the board of trustees and the county transportation committee, subject to written approval by the Superintendent of Public Instruction, to alter or increase the payments to a family if, because of isolation, the schedule is inadequate. This "increased" payment (also called "isolated" transportation) is 50% of the authorized amount. All isolated ("increased") transportation must be approved by the county transportation committee prior to approval by the Superintendent of Public Instruction.

(3) In cases where the family must move and maintain two households or where the family must board the student near the school, the family may be eligible for the room and board rate of $12.95 per day for the first child and $8.40 per day for each additional child. All contracts for room and board reimbursement must be approved by the county transportation committee prior to approval by the Superintendent of Public Instruction.

(a) If there is more than one eligible transportee of the same household, and the eligible transportees attend schools operated by more than one school district, the rate of $12.95 per day shall be paid to the district enrolling the student with the highest grade level. Additional reimbursement will be at the rate of $8.40 per day per student.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-142, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.7.115 Schedule for Bus Transportation

(1) A bus route having at least one eligible transportee and meeting other eligibility criteria will be reimbursed for bus mileage according to the rate schedule provided in 20-10-141 , MCA. A bus route without at least one eligible transportee is not eligible to receive reimbursement.

(2) Reimbursement is not authorized for bus transportation provided for pupils who live less than three miles from school unless the pupils have transportation listed as a related service on individualized education plans.

(3) Nonbus mileage is reimbursable for a vehicle driven by a bus driver to and from an overnight location of a school bus when the location is more than ten miles from the school. Reimbursement for nonbus mileage is 50 cents per mile.

(4) If a bus route is made up of a series of legs where one complete set of students disembarks from the bus and a new set of students board, the riders must be reported on more than one TR-1 bus route form. The district must report the legs as separate parts of a single route (e.g., Route 1A, 1B and 1C) by submitting a separate form for each section of the route ending where all of the students disembark to board another bus or to attend school before the bus continues to another destination.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-141, 20-10-142, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.7.116 Isolation Allowed to Increase the Individual Transportation Rate

(1) When the board of trustees of a school district establishes a program of "isolated transportation payments"--that is, increase in the individual transportation rates due to isolation--individual families entering into transportation contracts with the board of trustees may apply for an "isolated" or increased individual, rate of payment.

(2) The board of trustees and the county transportation committee, in acting on applications for increased individual payments due to isolation, should judge each application in relation to all others in the district and county.

(3) The following factors are suggested to be considered by the county transportation committee in determining if increased payments for isolated conditions are appropriate:

(a) student lives at least seven miles from school and no school bus is provided, or lives at least seven miles from the bus stop; and

(b) roads are not graded for at least one-half of the distance from home to the school or bus stop, and roads present considerable difficulty in bad weather, and special equipment ordinarily is required; and

(4) The board of trustees must consider and approve or disapprove all requests for an increase in an individual transportation rate due to isolation. All board of trustee decisions must be reviewed by the county transportation committee and the Superintendent of Public Instruction who both have final authority over any decision of the board of trustees. The increased rate is 1 1/2 times the rate prescribed in 20-10-142 , MCA. The board of trustees is not required to approve requests for increased rates because of isolation, and the county transportation committee is not required to approve increased payments because of isolation. State approval is required for all increases in rates granted locally.

(5) The capping of mileage reimbursement rates at the room and board rate does not apply to isolation contracts.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-10-112, 20-10-142, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.7.118 School Transportation Forms Listed by Form Number

(1) Form TR-1, Combined School District Application for Registration of School Bus and State Reimbursement:

(a) Forms supplied electronically by the Superintendent of Public Instruction;

(b) Forms completed by district officials, due in county superintendent's office by November 1;

(d) Forms electronically authorized by the county superintendent by November 10;

(e) Forms processed electronically, rated, and approved by the Superintendent of Public Instruction.

(2) Form TR-2, Additional Pupil List:

(a) Additional pupil list for form TR-1;

(b) Forms electronically supplied by the Superintendent of Public Instruction;

(d) County superintendent uses form to verify accuracy of information submitted on TR-1.

(3) Form TR-4, Elementary and High School Individual Transportation Contract:

(a) Forms electronically supplied by the Superintendent of Public Instruction;

(b) Provided only for contracts entered into by a district and an eligible transportee of the district;

(d) Completed forms due in the county superintendent's office by July 1 or as received from the district;

(e) Electronic copy of each contract transmitted by the district to the Superintendent of Public Instruction by July 1 and as electronically approved by the county superintendent;

(f) The contracts are processed electronically, rated, and approved by the Superintendent of Public Instruction and the approved rates are available electronically to the county superintendent and district by mid-October.

(4) Form TR-5, School District Claim for State Reimbursement for Individual and Isolated Transportation:

(a) Forms supplied electronically by the Superintendent of Public Instruction each semester;

(b) Forms completed by district officials and due in the county superintendent's office:

(i) first semester by February 15;

(ii) second semester by May 24;

(i) first semester by February 22;

(ii) second semester by June 1;

(d) Forms are verified electronically by the Superintendent of Public Instruction. After claims are verified, each district official and county superintendent receives from the Superintendent of Public Instruction a notification of the amount of reimbursement to be received by the district. The county treasurer receives from the Superintendent of Public Instruction a state payment with a list of districts and the amount each district is to receive.

(5) Form TR-6, School District Claim for Reimbursement for School Bus Transportation:

(a) Forms electronically supplied by the Superintendent of Public Instruction each semester;

(b) Forms completed by district officials and due in the county superintendent's office:

(i) first semester by February 15;

(ii) second semester by May 24;

(i) first semester by February 22;

(ii) second semester by June 1;

(d) Forms are electronically verified by the Superintendent of Public Instruction. After claims are verified, each district official and the county superintendent receive from the Superintendent of Public Instruction a notification of the amount of reimbursement to be received by the district. The county treasurer receives from the Superintendent of Public Instruction a state payment with a list of districts and the amount each district is to receive.

(6) Form TR-8, School Bus Accident Report to the Montana Department of Transportation:

(a) Forms supplied by the Montana Department of Transportation;

(b) Forms supplied upon request;

(7) Physical Examination Report for School Bus Drivers:

(a) Forms supplied by the federal Department of Transportation;

(b) Forms supplied upon request;

(8) Form TR-13, Montana Highway Patrol School Bus Inspection (and reinspection):

(a) Forms supplied electronically by the Superintendent of Public Instruction;

(b) Forms supplied to school districts by June 1 of the previous year for the first semester, by November 20 for the second semester and upon request;

(d) Completed forms after inspection/reinspection transmitted by Montana Highway Patrol to:

(i) county superintendent of schools;

(ii) district official;

(iii) Montana Highway Patrol official.

(9) Form TR-35, Montana School Bus Driver Certificate:

(a) Certificate forms supplied electronically by the Superintendent of Public Instruction;

(b) Certificates issued by the board of trustees to drivers authorized to drive school buses;

(c) Completed copies of certificates filed with county superintendent of schools and filed electronically with the Superintendent of Public Instruction.

History

Authorizing statute(s): 20-3-106, 20-10-112, MCA
Implementing statute(s): 20-9-166, 20-10-101, 20-10-103, 20-10-111, 20-10-112, 20-10-124, 20-10-128, 20-10-132, 20-10-141, 20-10-142, 20-10-145, MCA
History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; AMD, 1997 MAR p. 203, Eff. 1/28/97; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Chapter 10.10 Special Accounting Practices

Subchapter 10.10.1 Obligation of Debts Incurred for the Purchase of Property

Mont. Admin. R. 10.10.101 Valid Obligation Criteria for Encumbrances

(1) The district may encumber current year appropriations for valid obligations existing as of June 30th. Encumbrances outstanding at year end shall be added to current year expenditures to arrive at the budgetary basis expenditures for the year. Expenditures shall be reported on the trustee's financial summary using the budgetary basis.

(2) Criteria for determining whether a valid obligation exists are as follows:

(a) The cost of personal property, including materials, supplies and equipment, ordered but not received may be encumbered if a valid purchase order for the items was issued prior to June 30th.

(b) The cost of commitments related to construction in progress may be encumbered if a legally binding contract was signed and effective or a valid purchase order was issued prior to June 30th. If performance under the contract is complete, or virtually complete, the cost of the entire contract should be accrued.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-209, MCA
History: NEW, 1984 MAR p. 972, Eff. 6/29/84; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94.

Subchapter 10.10.2 Clearing Accounts

Mont. Admin. R. 10.10.201 Establishment

(1) A single payroll or claims clearing account may be established for elementary and high school districts.

History

Authorizing statute(s): 20-9-220, MCA
Implementing statute(s): 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87.

Mont. Admin. R. 10.10.202 Monthly Transfers to Equal Warrants Issued Plus Unremitted Payroll Liabilities

(1) Warrants issued from the clearing account and unremitted payroll liabilities must equal the total of the amounts transferred to the clearing accounts. The county treasurer must be notified by letter of the monthly transfers to be made along with a list of warrants written, a list of authorized direct deposits for payroll, or a duplicate of each warrant.

History

Authorizing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.10.205 Reconciliation

(1) The clearing accounts shall be reconciled each month. The total of the unpaid outstanding warrants and unpaid payroll liabilities shall equal the cash remaining in each clearing account.

History

Authorizing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; AMD, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.206 Insufficient Cash Available

(1) If the sum of the cash available in all funds of the district is insufficient to finance the transfers to the clearing accounts, a warrant must be issued from the depleted budgeted fund(s) for transfer to the clearing accounts. This transfer warrant must be registered by the county treasurer as outlined in 20-9-212 , MCA.

(2) As an alternative, the district may temporarily abandon use of the clearing accounts, draw warrants against each fund, and register warrants as provided in 20-9-212 , MCA. School districts may also issue revenue anticipation notes through the Economic Development Board of the Department of Commerce to provide temporary financing to pay warrants issued against budgeted funds. In addition, 7-6-2701 , MCA, allows counties to invest in the registered warrants of school districts.

History

Authorizing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.10.207 Transfers-Nonbudgeted Funds

(1) Transfers to clearing accounts and warrants issued cannot be made from nonbudgeted funds in excess of the cash available. Cash available shall include cash on hand and receivables to be collected within 30 days.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-210, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.10.208 Voided Warrants

(1) If a warrant is subsequently voided, the warrant must be deleted from the payroll or claim account's outstanding warrant list and the cash returned to the fund(s) which had originally transferred the money.

(a) If the voided warrant was issued against the current year's budget, the appropriate expenditure account(s) should be reduced by the amount of the voided warrant.

(b) If the voided warrant was issued against a prior year's budget, the appropriate revenue account as provided in the School Accounting Manual should be increased by the amount of the voided warrant.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.10.209 Interest Earned

(1) Interest revenue shall not be recorded in payroll and claims clearing accounts.

(2) Interest earned on the investment of money in payroll and claims clearing accounts shall be added to the regular interest earnings for distribution to the various funds.

History

Authorizing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA
History: NEW, 1987 MAR p. 2375; AMD, 1990 MAR p. 717, Eff. 4/13/90.

Subchapter 10.10.3 Special Accounting Practices

Mont. Admin. R. 10.10.301 Calculating Tuition Rates

(1) Regular Tuition. The district of residence must pay the district of attendance the rate as set in 20-5-323, MCA. For a kindergarten student enrolled in a half-time program as provided in 20-1-301(2)(a), MCA, and a preschool child with disabilities the rate is one-half the rate for an elementary student.

(2) Tuition Rate for a Student Without Disabilities but Higher Than Average Cost. Pursuant to 20-5-323, MCA, the maximum tuition rate for a student without disabilities who has been placed in a group home or foster care, outside their district of residence, by a state agency or court may exceed the regular tuition rate calculated in (1) if:

(a) the student has unique needs that require a district to provide a program specifically designed to meet those needs; and

(b) the costs of the program can be documented and exceed the receiving school district's average general fund budget per budgeted ANB in the year preceding the year of attendance.

(3) Tuition calculated in (2) may not exceed the lesser of:

(a) $2,500; or

(b) the actual individual costs of providing that student's program minus 120% of the tuition per-ANB amount defined in 20-5-323(7).

(4) Tuition Rate for Student with Disabilities. The maximum tuition rate for a student with disabilities may exceed the regular tuition rate calculated in (1) but may not exceed the rates established in ARM 10.16.3818.

(5) All Circumstances. The calculations in this rule are the maximum tuition rates that a district may charge for a Montana resident student.

(a) Pursuant to 20-5-320 and 20-5-321, MCA, tuition cannot be waived.

(b) Regular education tuition charged for students under a group attendance arrangement for educational program offerings must be calculated in accordance with 20-5-320(3), MCA.

(c) Tuition amounts must be prorated for the portion of the year the student is enrolled. The proration is based on the percentage calculated by dividing the number of days the student is enrolled by the number of pupil instruction days scheduled by the district of attendance for the year of attendance.

History

Authorizing statute(s): 20-5-323, 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-5-323, 20-6-702, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 1238, Eff. 2/14/92; AMD, 1992 MAR p. 1365, Eff. 6/26/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.10.301B OUT-OF-DISTRICT ATTENDANCE AGREEMENTS

10.10.301B OUT-OF-DISTRICT ATTENDANCE AGREEMENTS

(1) For purposes of this rule:

(a) a child's guardian means an adult who is responsible for the child and has the reciprocal rights, duties and responsibilities with the child and whose status is created and defined by law;

(b) placement by a court of competent jurisdiction includes federal and state district courts, tribal courts, and youth courts established pursuant to Title 41, chapter 5, MCA; and

(c) for the purpose of this rule placement by a "state agency" includes placement by tribal agencies, the Department of Corrections or the Department of Public Health and Human Services. Placement by a state agency does not include placement by a private or not-for-profit entity under contract with the Department of Corrections or the Department of Public Health and Human Services.

(2) Out-of-district attendance agreements must establish the charges, if any, for both tuition and transportation, and the parties who will be responsible for payment. Tuition charges must comply with ARM 10.10.301 and Title 20, chapter 5, MCA.

(3) Discretionary out-of-district agreements must be signed by the student's parent or guardian who initiates the request, the board chair or board designee of the district of attendance, and the board chair or board designee of the district of residence.

(a) The district of attendance is not obligated for, but may discretionarily cover, the transportation costs of an approved attendance agreement.

(4) For mandatory out-of-district attendance agreements, pursuant to 20-5-321, MCA, the district of residence and the district of attendance must accept the request for the student to attend unless the exceptions in 20-5-321, MCA, apply.

(5) The exceptions in (4) do not apply if the student is a pupil with disabilities who lives in the district where they wish to attend. If the student is a pupil with disabilities who lives in the district of attendance, the district of attendance must accept the request, regardless of the legal residence of the student.

(6) For purposes of attendance agreements per Title 20, chapter 5, MCA, "transportation" must include, but may not be limited to, the offering or provision of:

(a) bus service;

(b) an individual transportation contract; or

(7) Statutes in effect for the student's year of attendance govern the conditions of the attendance agreement. School districts must retain copies of attendance agreements and provide secure electronic copies of the agreements to the OPI. The trustees of a district must electronically submit attendance agreements to the OPI in the format determined by the OPI in accordance with Title 20, chapter 5, MCA. Agreements must be entered and submitted to the state system by June 30 of the year of attendance in order to be eligible for state reimbursement.

(8) Submission of agreements to the county superintendent of the schools of the county of residence and the county of attendance may be in a format agreed upon by the parties involved.

(9) When the district is obligated to pay tuition or transportation costs for out-of-district attendance agreements, the tuition will be paid from the district's tuition fund, and the transportation costs will be paid from the district's transportation fund. A district may pay tuition and transportation charges in the student's year of attendance or, if the obligation occurs after the district's budget is adopted, in the ensuing year.

(10) For a child who has been placed outside the child's resident district by a court or by a state agency or for a child placed outside the child's district of residence in a foster care or group home licensed by the state, the state must be responsible for tuition and may be charged transportation costs as established under 20-5-323, MCA.

(11) The state's tuition and related transportation obligation shall be paid to the eligible receiving district by the Superintendent of Public Instruction in the year following the year of attendance.

(12) Tuition payments made for a child placed outside the child's district of residence by a court or state agency must be supported by a properly completed out-of-district attendance agreement signed by both the district of attendance and by an authorized representative of the placing court or state agency. Attendance agreements for students placed in state licensed group homes by parents, guardians, or representatives of state licensed group homes must be signed by the district of attendance and by a parent or legal guardian or an authorized representative of a state licensed group home on behalf of the parent or legal guardian.

History

Authorizing statute(s): 20-5-323, 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-5-320, 20-5-321, 20-5-322, 20-5-323, 20-5-324, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.10.301C OUT-OF-STATE ATTENDANCE AGREEMENTS

10.10.301C OUT-OF-STATE ATTENDANCE AGREEMENTS

(1) The Superintendent of Public Instruction is authorized to establish reciprocal agreements for out-of-state attendance with border states or provinces. The tuition charge for a Montana student attending school in a state or province with a reciprocal agreement is governed by the conditions of the reciprocal agreement.

(2) The amount of tuition paid by a Montana district for a student without disabilities who attends school in a state or province not governed by a reciprocal tuition agreement cannot exceed the annual average cost per student in the student's district of residence. If the tuition rate charged by the out-of-state district of attendance is less than the Montana district's annual average cost per student, the tuition payment may not exceed the lesser of the two amounts.

(3) For out-of-state, districts may agree to pay tuition charges that are less than the maximum allowed rates.

(4) A Montana school district in operating status that is responsible for paying tuition charges for a resident student who attends an out-of-state public school may receive reimbursement from the OPI for the amount of tuition paid, up to the state's portion of the per ANB entitlement per student for the year of attendance.

(a) Calculations will be based on the tuition reports submitted in accordance with ARM 10.10.301D.

(b) The Superintendent of Public Instruction must provide payment of the amount calculated in (4)(a), but not more than the amount of tuition paid by the district for resident students who attended school out-of-state, in the year the out-of-district attendance report is submitted. The report must be submitted, with documentation of payment, to the Superintendent of Public Instruction by June 30 of the student's school year of attendance.

History

Authorizing statute(s): 20-5-323, 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-5-314, 20-5-320, 20-5-321, 20-5-323, 20-5-324, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2004 MAR p. 3015, Eff. 12/17/04; AMD, 2016 MAR p. 880, Eff. 5/21/16; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.10.301D TUITION REPORTS

10.10.301D TUITION REPORTS

(1) Following the close of each fiscal year, the trustees of a district shall provide an out-of-district attendance report to the Superintendent of Public Instruction. That report shall be in a format prescribed by the Superintendent of Public Instruction and shall list, for the most recent school year:

(a) resident students who attended a public school out-of-state for which the district is responsible for payment of the tuition charges; and

(b) resident students attending day treatment programs under approved individualized education programs at private nonsectarian schools in the previous school year.

(2) For each student attendance agreement approved under ARM 10.10.301B(8), the trustees of a district shall electronically submit to the Superintendent of Public Instruction the number of days the student was enrolled in the district for the year of attendance.

(3) To be eligible to receive state payments for tuition and tuition reimbursements under 20-5-324, MCA, the trustees of a district must submit the tuition report in (1) and the electronic data in (2) to the Superintendent of Public Instruction by June 30 of the student's school year of attendance.

History

Authorizing statute(s): 20-5-323, 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-5-320, 20-5-321, 20-5-323, 20-5-324, 20-7-431, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.10.302 Payment and Closing of Prior Year Accrued Expenditures and Encumbrances

(1) A list showing the detail and total amount of accrued expenditures and encumbrances reported by fund shall be retained by the district for audit purposes.

(2) All accrued expenditures and encumbrances, except contracts for construction, for the prior year must be closed by the district before June 30th of the current year.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-5-320, 20-5-321, 20-5-323, 20-9-102, 20-9-201, 20-9-209, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1996 MAR p. 2168, Eff. 8/9/96.

Mont. Admin. R. 10.10.303 Cost Allocations Between Districts

(1) In the event certain shared costs, such as administrative costs, curriculum coordinator salaries, school psychologist salaries, etc., cannot reasonably be identified directly to either the elementary district or the high school district or between funds within a district, the school district administration shall prepare a cost allocation plan for approval by the board of trustees prior to adoption of the final budget. The cost allocation plan should reasonably distribute such costs between districts and funds within a district, consistently from year to year. Shared costs shall be budgeted and accounted for in accordance with the cost allocation plan approved by the board of trustees.

(2) The following allocation bases shall be used to allocate shared costs:

(a) ANB or enrollment per district;

(b) full time equivalent (FTE) staff per district;

(d) floor space occupied or space occupied over time per district;

(e) miles driven, student miles driven, driver hours per district;

(f) students served per district;

(g) taxable valuation per district; or

(h) time spent providing services.

(3) As provided by 20-6-506 , MCA, the cost of operating the junior high school must be prorated between the elementary district and the high school district on the basis of the ratio that the number of pupils of their district is to the total enrollment of the junior high school.

(4) As provided by 20-4-401 , MCA, whenever a joint board of trustees employs a person as the district superintendent under (2) and (3) , the districts shall prorate the compensation provided by the contract of employment on the basis of the number of teachers employed by each district.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-103, 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1998 MAR p. 1719, Eff. 6/26/98.

Mont. Admin. R. 10.10.304 Student Extracurricular Activity Funds

(1) School districts maintaining student extracurricular activity funds may use a separate checking account or the county treasurer as a depository for student funds.

(2) To allow the Superintendent of Public Instruction to comply with reporting requirements by the National Center for Education Statistics of the U.S. Department of Education, school districts shall report all the financial activity relating to student extracurricular activity funds on the trustees' financial summary provided by the Superintendent of Public Instruction.

(3) The student extracurricular fund must not be used as a petty cash fund for district expenditures.

(4) Cash balances in the student extracurricular fund may not be loaned to other district funds, may not be used to finance district expenditures for purposes other than student extracurricular activities, and may not be used as a convenience to pay the district's liabilities pending reimbursement from the appropriate district fund, except when student extracurricular expenditures are subsidized by the general fund.

(5) Excess money in the student extracurricular activity fund may be invested in accordance with 20-9-213(4), MCA. Interest earned may either be credited to a general operating account within the fund to be used to offset administrative costs or distributed to the accounts within the fund based on cash balances.

(6) Student extracurricular expenditures subsidized by the district general fund may be paid from the student extracurricular fund and later reimbursed from the general fund. The claim against the general fund must be properly authorized, completely documented and easily traced into the extracurricular fund records. For example, meal and motel costs for students and advisors may be paid from the student extracurricular fund and later reimbursed from the general fund upon filing a properly authorized claim.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, 20-9-504, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 1365, Eff. 6/26/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.305 Budget Authority for Correction of Prior Period Expenditure Errors

(1) Transactions recorded to correct expenditures reported in a prior year shall be charged against the current year's budget as provided in 20-9-209 (2) , MCA.

(2) As provided in 20-9-208 (1) , MCA, a budget transfer may be made from other appropriation item(s) to provide budget authority for corrections of prior period expenditure errors which result in a net reduction to beginning fund balance. Prior period adjustment must be within the total budget limit imposed by 20-9-133 , MCA.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.306 Bank Accounts or Other Depositories

(1) As provided by 20-9-212 and 20-9-504, MCA, the county treasurer is the custodian and depository of all school district monies except student extracurricular funds. Other bank accounts or depositories outside the control of the county treasurer shall be limited to:

(a) accounts with the state Board of Investments or investment firms maintaining a unified investment program in accordance with ARM 10.10.625;

(b) petty cash accounts;

(d) money held by the district in investment accounts established under 20-9-235, MCA; and

(e) gifts or endowments if such accounts are required by the donor.

(2) The county treasurer shall be the custodian for all other school district monies, including gifts, donations, endowments, interlocal agreements, direct federal or state revenues and district administered self-insurance programs.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-212, 20-9-504, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.10.307 Replacement Warrants and Checks

(1) When a replacement warrant is issued to replace a lost warrant as provided in 7-7-2104 , MCA, or a canceled warrant as provided in 20-9-223 , MCA, the following rules shall apply:

(a) The original warrant shall be removed from the unpaid outstanding warrant list.

(b) The word "duplicate" and phrase "replacement warrant for warrant no." shall be plainly printed across the face of the warrant.

(c) The school district shall send the county treasurer a letter, including the original indemnity bond if required, stating which warrant number has been lost or canceled and which warrant number has been issued to replace the lost or canceled warrant.

(d) The amount of the replacement warrant shall be shown on the list of warrants issued for the month but shall not be included in the total of the warrants issued or in the amounts transferred to the clearing accounts.

(2) The following rules apply when a school district issues a check replacing a lost or cancelled check written on a school district investment account or an account established pursuant to 20-9-235 , MCA:

(a) the original check shall be removed from the unpaid outstanding check list;

(b) the word "duplicate" and phrase "replacement check for check no." shall be printed plainly across the face of the check;

(c) the school district shall send the investment firm or entity a letter, including the original indemnity bond if required, stating which check number has been lost or cancelled and which check number has been issued to replace the lost or cancelled check; and

(d) the amount of the replacement check shall be shown on the list of checks issued for the month but shall not be included in the total of the checks issued.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.10.308 County Investment of School District Funds

(TRANSFERRED)

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-212, 20-9-213, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 1365, Eff. 6/26/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; TRANS, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.10.309 Distribution and Reappropriation of Countywide Funds

(1) The county superintendent of schools shall distribute the cash balance in the countywide retirement fund to district and cooperative funds on a monthly basis in the proportion each district's or cooperative's net requirement bears to the total of all net district and cooperative requirements. Net requirement is defined as the total district or cooperative retirement budget less estimated revenues.

(2) The cash balance in the county transportation fund must be distributed as provided in 20-10-146 , MCA.

(3) The cash balance in the elementary and high school countywide retirement and transportation funds at fiscal year end must be reappropriated in the following fiscal year once distributions to school districts for the current and prior years are 100% of the total net district requirements.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-213, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1990 MAR p. 2275, Eff. 12/28/90; AMD, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.10.310 Unobligated Tuition Money in the Miscellaneous Programs Fund

(1) If, for any given year, tuition money deposited in the miscellaneous programs fund under 20-5-324, MCA, remains unobligated at year end, the money shall be transferred to the general fund prior to closing of the accounts for that fiscal year.

(2) In accordance with generally accepted accounting principles, transfers due to the general fund are to be accrued by June 30 in the district's accounting records as operating transfers. The actual cash transfer to the general fund shall be made before September 30 of the next fiscal year.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-5-324, 20-9-321, 20-9-507, MCA
History: NEW, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.10.311 Bus Depreciation Reserve Fund

(1) Section 20-10-147, MCA, allows school districts to budget each year in a bus depreciation reserve fund an amount that does not exceed 20% of the original cost of a bus, communication system, or safety devices installed on the bus. The amount budgeted may not, over time, exceed 150% of the original cost of the bus, communication system, or safety devices.

(2) Annual depreciation may not exceed 20% of the bus, communication system, or safety devices' original cost.

(3) The cost of new parts added after the original purchase of a bus, communication system, or safety devices may not be depreciated.

(4) The bus depreciation reserve fund shall not be used to depreciate or replace motor vehicles designed to carry ten or fewer persons.

(5) The bus depreciation reserve fund may be used to depreciate and replace "over-the-road" coaches used for student activities and athletics.

(6) The trustees of a district may use the bus depreciation reserve fund to replace or purchase an additional school bus as defined in 20-10-101(4)(a), MCA. Additional buses that do not meet the definition of a school bus in 20-10-101(4)(a), MCA, and that result in expansion of the district's fleet must be purchased from the general, transportation, student activity, or other fund as allowed by law.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-10-147, MCA
History: NEW, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.312 Compensated Absence Liability Fund

(1) If the ending fund balance in the compensated absence liability fund (CALF) on June 30 exceeds 30% of the maximum liability on June 30 as defined in 20-9-512 , MCA, the excess balance shall be transferred back to the general fund.

(2) In accordance with generally accepted accounting principles, transfers due to/from the CALF are to be accrued prior to year's end in the district's accounting records as operating transfers. The actual cash transfer to/from the CALF shall be made before September 30th of the next fiscal year.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-512, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96.

Mont. Admin. R. 10.10.313 Building Reserve Fund

(1) Expenditures from the building reserve fund established under 20-9-503 , MCA, are limited to the cash balance available in the fund.

(2) Short-term interfund loans from a district's other funds may be used to fund expenditures in advance of tax collections in the building reserve fund. Such interfund loans must be repaid by year-end. Short-term interfund loans between school districts shall not be made.

(3) Proceeds of a loan to be repaid from the building reserve fund established under 20-9-503 , MCA, must be deposited in the building reserve fund.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-503, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98.

Mont. Admin. R. 10.10.314 Internal Service, Enterprise, and Agency Funds

(1) School districts may establish an internal service, enterprise, or agency fund if the intended purpose for which such fund will be used is approved by the Superintendent of Public Instruction. These funds shall be operated and accounted for as nonbudgeted funds.

(2) If the purpose for which a district intends to establish one of these funds is approved, the Superintendent of Public Instruction will provide the district guidance on the application of generally accepted accounting principles to that type of fund. If a district fails to comply with generally accepted accounting principles or with accounting policies established by the Superintendent of Public Instruction, the Superintendent may rescind approval to use the fund.

(3) Working capital needed to begin operations of an internal service fund may be derived from contributions of noncash assets from other funds or an interfund loan from the general fund. Interfund loans must be repaid before the end of the fiscal year.

(4) The intended purpose of an internal service fund is to provide services within a district and to be self-supporting without accumulating a profit. For example, a district's centralized purchasing operation may be accounted for in an internal service fund. Total costs of the services being provided, such as the costs of supplies, operation and maintenance of machinery, salaries and benefits for personnel responsible for providing the services, etc., should be recouped through user charges.

(a) The fund balance of an internal service fund must be kept within a range sufficient to maintain the operation without accumulating excess resources. If the balance becomes too high, charges to the funds receiving the services should be reduced. Excess balances in an internal service fund are not available for other purposes and must not be transferred to other funds.

(b) Charges must be made to all funds that receive services. Charges to the user funds must be reasonably determined and must be paid within the budgets of the user funds in the year services were provided. Expenditures charged to the user funds must be supported by invoices. Charges must be supported by documentation of actual usage.

(c) Services provided to users outside the district should be occasional in nature and the cost of such services must not be charged to district funds. Instead, such costs must be charged to those outside users and their payments recorded as revenue in the internal service fund.

(5) The intended purpose of an enterprise fund is to provide services to users outside the district. District enterprise operations are financed and operated in a manner similar to private business enterprises. Total costs of the services being provided, such as the costs of supplies, operation and maintenance of machinery, salaries and benefits for personnel responsible for providing the services, etc., should be recouped through user charges.

(a) The fund balance of an enterprise fund must be kept within a range sufficient to maintain the operation without accumulating excess resources. If the balance becomes too high, charges to outside users receiving the services should be reduced. Excess balances in an enterprise fund are not available for other purposes and must not be transferred to other funds.

(b) Charges must be made to all users which receive services. Charges to outside users or district funds must be reasonably determined and must be paid within the budgets of the district funds in the year services were provided. Expenditures charged to the district funds must be supported by invoices. Charges must be supported by documentation of actual usage.

(c) The cost of services provided to users outside the district must not be charged to district funds. Instead, such costs must be charged to those outside users and their payments recorded as revenue in the enterprise fund.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-103, 20-9-208, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.10.315 Litigation Reserve Fund

(1) The board of trustees may establish a litigation reserve fund when litigation is pending. Pending litigation is defined as any type of contested hearing that could result in a judgment with adverse fiscal consequences against the school district. Such proceedings may include but are not limited to actions heard by a county superintendent, the state Superintendent of Public Instruction, the Montana Human Rights Commission, a district court, the Montana Supreme Court, the Equal Opportunity Commission, Fair Labor Standard Boards, etc.

(2) The litigation reserve fund may be used to pay awards or judgments, including costs if so ordered in the judgment. This fund may also be used to pay settlements agreed upon before a judgment is rendered, back wages including benefits, and civil penalties.

(3) The litigation reserve fund shall not be used to pay costs of attorney fees, witness fees, travel, copies, telephone, transcripts, etc.

(4) When the litigation ends, any remaining fund balance in the litigation reserve fund shall be immediately transferred back to the general fund.

(5) In accordance with generally accepted accounting principles, transfers due to or from the litigation reserve fund must be accrued prior to year's end in the district's accounting records as operating transfers. The actual cash transfer to or from the litigation reserve fund shall be made before September 30th of the next fiscal year.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-515, MCA
History: NEW, 1996 MAR p. 2168, Eff. 8/9/96.

Mont. Admin. R. 10.10.316 District Retirement Fund

(1) School districts will report retirement fund expenditures on the trustees' financial summary either by:

(a) reporting expenditures distributed to all expenditure programs and functions used in payroll; or

(b) reporting resources transferred to a special education cooperative for nonfederal employee benefits and a single, undistributed total for the remaining retirement fund expenditures.

(2) Districts may not partially distribute retirement fund expenditures to some functions and not to all functions. Expenditures must be reported using either the method in (1) (a) or (1) (b) but not both.

(3) A district that paid retirement benefits for federally funded employees in excess of the limit imposed by 20-9-501 , MCA, must reimburse the district retirement fund in the fiscal year the error is detected using current year grant funds or, if the grant project has closed, using nonfederal funds. A reimbursement made after the year in which the charges exceeded the limit must be recorded as a prior period expenditure in the fund making the reimbursement.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-103, 20-9-502, MCA
History: NEW, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.10.317 Investment Pools

(TRANSFERRED)

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-212, MCA
History: NEW, 2000 MAR p. 632, Eff. 2/25/00; AMD & TRANS, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.10.318 School Flexibility Payment

(1) For purposes of calculating a district's school flexibility payment for fiscal year 20XX, the following definitions apply:

(a) "Average student amount" means the amount calculated by:

(i) multiplying either the cash balance or the fiscal year 20XX appropriation in the school flexibility account, whichever is less, by 40 percent; and

(ii) dividing by average statewide budgeted ANB for the previous five-year period. Average statewide budgeted ANB is calculated using the final ANB for fiscal years 20XX-5 through 20XX-1.

(b) "Current student amount" means the amount calculated by:

(i) multiplying either the cash balance or the fiscal year 20XX appropriation in the school flexibility account, whichever is less, by 20 percent; and

(ii) dividing by the total statewide budgeted ANB for the previous fiscal year. Total statewide budgeted ANB is calculated using the final budgeted ANB for fiscal year 20XX-1.

(c) "District K-12 public school funding amount" means the K-12 public schools amount multiplied by the number of K-12 public schools in the district, as defined in 20-6-501 , MCA, that are open as of October 1 in the year of the payment.

(d) "District K-12 large public school funding amount" means the large K-12 public schools amount multiplied by the number of K-12 public schools in the district, as defined in 20-6-501 , MCA, that report at least 250 students enrolled on the October count date in the year of the payment.

(e) "District student funding amount" means the current student amount multiplied by the district's budgeted ANB for fiscal year 20XX-1 plus the average student amount multiplied by the district's average budgeted ANB for fiscal years 20XX-5 through 20XX-1.

(f) "K-12 public schools amount" means the amount calculated by:

(i) multiplying either the cash balance or the fiscal year 20XX appropriation in the school flexibility account, whichever is less, by 15 percent; and

(ii) dividing by the total number of K-12 public schools statewide, as defined in 20-6-501 , MCA, that are open as of October 1 in the year of the payment.

(g) "Large K-12 public schools amount" means the amount calculated by:

(i) multiplying either the cash balance or the fiscal year 20XX appropriation in the school flexibility account, whichever is less, by 25 percent; and

(ii) dividing by the total number of K-12 public schools, as defined in 20-6-501 , MCA, that report at least 250 students enrolled on the October count date in the year of the payment.

(h) "District flex fund allocation" means the sum of the district K-12 public school funding amount, the district large K-12 public school funding amount and the district student funding amount.

(2) No later than January 31, the Office of Public Instruction shall distribute a school flexibility payment to qualified districts for deposit in the district's school flexibility fund. Nonoperating districts are not qualified for a district flex fund allocation.

(3) If approved by the electorate, in addition to the amount distributed to a district's flex fund under this rule, the trustees may levy an amount not to exceed 25% of the Office of Public Instruction's most recent estimate of the district flex fund allocation.

History

Authorizing statute(s): 20-9-102, 20-3-106, MCA
Implementing statute(s): 20-9-541, 20-9-542, 20-9-543, 20-9-544, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.10.319 Closure of a School District Fund

(1) Trustees may not close a fund into a fund of another school district. An elementary fund must be closed into another elementary fund, and a high school fund must be closed into another high school fund.

(2) Pursuant to 20-9-201, MCA when trustees determine that a tuition fund is inactive and will no longer be used, they must close the fund into the miscellaneous programs fund.

(3) Pursuant to 20-9-443, MCA when all bond principal, interest, and fees and all SIDs outstanding have been fully paid, the trustees shall close the debt service fund into the building reserve fund, general fund, or technology fund. The district shall identify money transferred from the debt service fund using a project reporter code number and track the subsequent uses of the money that are limited by 20-9-443, MCA.

(4) Pursuant to 20-9-505, MCA, a district entering nonoperating status shall close all funds, except the debt service fund and the miscellaneous programs fund, into a single nonoperating fund of the district.

(5) Pursuant to 20-9-201, MCA except as provided in (1) through (5) of this rule, trustees may close an inactive fund into any fund considered appropriate by the trustees if the fund does not have a cash or fund balance deficit. If an inactive fund has a cash or fund balance deficit, the district must resolve the deficit before closing the fund.

(6) Pursuant to 20-9-201, MCA, the trustees shall notify the county treasurer in writing of the fund closure, stating the district fund into which the inactive fund is to be closed. The county treasurer shall deposit subsequent receipts on behalf of the closed fund, including subsequent tax receipts, in the fund to which the inactive fund was closed.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-201, 20-9-443, 20-9-505, 20-10-147, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.320 Cash and Budget Transfers Between School District Funds

(1) Trustees may transfer cash between funds only if the transfer is specifically allowed by law or administrative rule.

(2) Trustees shall hold a properly noticed hearing to accept public comment on a transfer before the transfer can occur, except the following cash transfers:

(a) transfers from the general fund to the compensated absences fund under 20-9-512, MCA, or transfer of an excess balance in the compensated absences fund to the general fund;

(b) transfers of unused employer contributions for self-insurance group coverage allowed by 2-18-703, MCA;

(c) transfers from the general fund to the litigation reserve fund and, upon settlement of the litigation, a transfer returning the balance to the general fund under 20-9-515, MCA;

(d) transfers between the federal impact aid fund and the debt service fund under 20-9-437 and 20-9-443, MCA;

(e) transfers from any fund, except the miscellaneous programs fund, to support an interlocal agreement fund under 20-9-703, MCA;

(f) transfers under 20-3-363, MCA, from any budgeted or nonbudgeted fund, except the retirement fund, debt service fund, or compensated absence fund. Transfers from the general fund may not exceed the amount of direct state aid received by the district;

(g) closure of district funds to establish a nonoperating fund under 20-9-505, MCA;

(h) transfers of unused tuition receipts from the miscellaneous programs fund to the general fund as provided in ARM 10.10.310; and

(i) transfers of excess funds in the lease or rental agreement fund to the general fund as required in 20-9-509, MCA.

(3) The trustees shall not transfer cash from the district retirement fund, which is funded by a countywide levy, to any other fund.

(4) Trustees shall not transfer any portion of the balance in the debt service fund to another fund, except to close the fund after fully paying all obligations as provided in 20-9-443, MCA.

(5) Except for the general fund, retirement fund, and debt service fund, trustees may transfer:

(a) any portion of the cash balance in a budgeted fund to another budgeted fund for any purpose allowed by law, provided the money being transferred is comprised of revenue from sources other than tax receipts;

(b) tax revenues from one budgeted fund to another budgeted fund, provided the transfer has been approved by the qualified electors of the district in a properly held election and the ballot must state the purpose for which the funds will be used; or

(c) tax revenues from one budgeted fund to another budgeted fund, provided the money is subsequently expended for purposes the same as, or directly related to, the purposes for which the taxes were levied. When tax receipts are transferred, the trustees' resolution shall state the purpose for which the taxes were levied and the purposes for which the funds will be used.

(6) Trustees shall not transfer cash received through state and federal grants and contracts.

(7) Trustees may transfer any portion of the cash balance in a nonbudgeted fund of the district. The trustees' resolution shall state specifically how the transfer will be used to improve efficiency of spending within the district.

(8) Except when specifically provided by law, trustees may not transfer money between a budgeted fund and a nonbudgeted fund.

(9) When the trustees transfer cash from one budgeted fund to another budgeted fund, the trustees may also transfer budget authority up to the amount of the cash transfer, from the paying fund to the receiving fund.

(10) Within 30 days of approving the transfer, the trustees shall notify the state superintendent, county superintendent, and county treasurer in writing of the amount of budget authority and the amount of cash transferred, the purposes for which the amount transferred will be used, and the funds affected.

History

Authorizing statute(s): 20-9-102, 20-10-112, MCA
Implementing statute(s): 20-3-363, 20-9-208, 20-9-439, 20-9-443, 20-9-509, 20-9-512, 20-9-515, 20-9-703, 20-10-147, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Subchapter 10.10.4 Gaap

Mont. Admin. R. 10.10.401 Definition

(1) The governmental environment differs markedly from that of business enterprises. Governmental accounting systems and reports and the information they provide will differ accordingly. Thus, a set of generally accepted accounting principles (GAAP) applicable to governmental accounting and reporting has been developed for use by governmental units. These accounting principles are designed to enhance fiscal control, facilitate compliance with GAAP and finance-related legal and contractual requirements and result in financial statements and reports that fulfill many user information needs. GAAP provide uniform minimum standards of and guidelines for financial accounting and reporting. GAAP encompass the conventions, rules and procedures necessary to define accepted accounting practices at a particular time. They include not only broad guidelines of general application, but also detailed practices and procedures.

(2) The primary authoritative source on the application of GAAP to school districts is the Governmental Accounting Standards Board (GASB) . The basic accounting principles are explained in detail in the "Codification of Governmental Accounting and Financial Reporting Standards" published by GASB.

(3) To assure school districts comply with GAAP and to clarify application of GAAP when necessary, the Superintendent of Public Instruction establishes uniform accounting and reporting policies for all school districts. This will be accomplished through the issuance of the "School Accounting Manual" and subsequent updates. In the absence of policy from the Superintendent of Public Instruction, the hierarchy of GAAP set forth in GASB Statement 1 should be followed. This hierarchy is as follows:

(a) Pronouncements of the Governmental Accounting Standards Board (GASB) ;

(b) Pronouncements of the Financial Accounting Standards Board (FASB) ;

(c) Pronouncements of bodies composed of expert accountants that follow a due process procedure, including broad distribution of proposed accounting principles for public comment, for the intended purpose of establishing accounting principles or describing existing practices that are generally accepted;

(d) Practices or pronouncements that are widely recognized as being generally accepted because they represent prevalent practice in a particular industry or the knowledgeable application to specific circumstances of pronouncements that are generally accepted; and

(e) Other accounting literature.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.10.402 Focus of Generally Accepted Accounting Principles

(1) The primary focus during the implementation of generally accepted accounting principles shall be accounting methods and internal financial reporting.

(2) Each district's accounting methods shall provide information to present fairly and with full disclosure the financial position and results of financial operations of the funds and account groups of the district in conformity with generally accepted accounting principles, except that for budgetary control purposes, encumbrances may be recorded as expenditures in the accounting records.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.403 School Accounting Manual

(1) The Superintendent of Public Instruction shall publish and distribute to each school district an accounting manual which shall be referred to as the "School Accounting Manual." Such accounting manual, as now or hereafter amended, shall govern the accounting procedures of each school district and is hereby incorporated into this chapter by this reference. The accounting manual shall prescribe accounting methods and principles to be used by each school district.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.404 Basis of Accounting

(1) All school districts will use the generally accepted basis of accounting for each fund as set forth by the Governmental Accounting Standards Board to measure the district's financial position and results of financial operations. School districts shall be permitted to maintain the accounting system on the cash basis during the year. However, all adjusting entries required to convert the accounting system to the modified accrual or full accrual basis of accounting must be recorded prior to the year-end closing of the accounts.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.405 Closing Period

(1) The time period used after June 30th to determine the actual or estimated amount of all accruals, deferrals, and necessary adjustments existing as of June 30th shall be known as the "closing period."

(2) As required by 20-9-213 , MCA, every transaction will be recorded in the appropriate account before the accounts are closed at the end of the fiscal year in order to properly report the receipt, use, and disposition of all money and property for which the district is accountable.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.406 Standard Chart of Accounts

(1) For reporting purposes, a standard chart of accounts will be used by all school districts as prescribed by the Superintendent of Public Instruction. The chart of accounts will be in substantial conformity to the chart of accounts as presented in "Financial Accounting for Local and State School Systems" published by the National Center for Education Statistics. School districts shall not maintain funds or accounts that are not included in the standard chart of accounts.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-201, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90.

Mont. Admin. R. 10.10.407 Fixed Asset Inventory

(1) All school districts shall maintain fixed asset inventory and depreciation records to allow reporting of fixed assets in conformity with generally accepted accounting principles.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-103, 20-9-213, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Subchapter 10.10.5 Monthly and Annual Reports

Mont. Admin. R. 10.10.501 County Treasurer's Financial Reports

(1) As provided by 20-9-212 , MCA, the county treasurer's monthly report shall include an itemized report for each fund maintained by the school district showing the paid warrants, registered warrants, amounts and types of revenue received, and the cash balance.

(a) The county treasurer should consider including copies of A101 receipts and other supporting documentation with the monthly report or sending this information to each school district as received.

(b) The county treasurer's June report must include all money collected on behalf of school districts through June 30.

(2) The county treasurer's monthly report will also include information on investments, bonds and interest paid, and taxes receivable by type, year and by fund or district. The county treasurer's report for June 30th should include accrued interest receivable by fund and the amount of unpaid matured and unmatured outstanding bonds and matured interest payable.

(3) Every month each school district shall reconcile ending cash, investments, cash receipts and cash disbursements reported by the county treasurer with the district's records for all funds. Any differences shall be documented and adjustments to the school district or county treasurer's records made as necessary.

(4) Before closing the accounts for each fiscal year, each school district shall reconcile ending cash, investments, taxes receivable balances, accrued interest receivable, unpaid matured and unmatured outstanding bonds, and matured interest payable reported by the county treasurer with the district records for all funds. Significant cash differences shall be explained on the trustees' financial summary submitted to the Superintendent of Public Instruction. Adjustments to the school district records shall be made prior to closing the accounts. Adjustments to the county treasurer's records shall be made as necessary in the current fiscal year or next fiscal year.

(5) As provided by 7-6-2801 , MCA, the county treasurer shall provide an itemized report for each fund maintained by the county superintendent showing the distributions ordered by the county superintendent, amounts and types of revenue received, the cash balance, investments, and taxes receivable balances.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-121, 20-9-212, 20-9-442, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.10.502 Financial Reports Filed with the Superintendent of Public Instruction

(1) Monthly, quarterly, and annual financial reports shall be prepared by the administration of each school district and the county superintendent of schools on paper forms or electronically as provided by the Superintendent of Public Instruction. If a district or county superintendent chooses to generate their own paper forms, they will be accepted only if the format duplicates the preprinted forms provided by the Superintendent of Public Instruction.

(2) For electronic reporting of monthly, quarterly, and annual financial reports, the school district shall be in compliance with the specification requirements as provided by the Superintendent of Public Instruction.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-102, 20-9-213, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.10.503 Reports - Notification to Board of Public Education

(1) According to 20-9-344 , MCA, the Board of Public Education may order the Superintendent of Public Instruction to withhold distribution of BASE aid from a district when the district fails to submit reports or budgets as required by law or rule.

(2) The purpose of withholding distribution of a district's BASE aid is to ensure that required reports and budgets are prepared properly and are submitted timely. Therefore, the Office of Public Instruction will notify the Board of Public Education if a district or county repeatedly:

(a) fails to submit reports or budgets in accordance with prescribed deadlines, or

(b) fails to prepare reports or budgets correctly. This section applies to reports and budgets that are necessary for the Office of Public Instruction to determine the district's BASE aid or are necessary for the Office of Public Instruction to monitor a district's compliance with statutory restrictions.

(3) Upon discovery that a report or budget has not been submitted or has not been prepared properly, the Office of Public Instruction will notify the district clerk, the district superintendent and the county superintendent of the specific violation(s) . If the report is a county report, the county treasurer and county commissioners will also be notified. A list of districts and counties notified will be sent to the Board of Public Education.

(4) After 35 calendar days, the Office of Public Instruction will provide to the Board of Public Education an updated list of districts that have not submitted or properly prepared a report or budget.

(5) If a district's BASE aid is withheld because district or county reports or budgets were not submitted to the Office of Public Instruction as required by law or rule, the Office of Public Instruction will notify the Board of Public Education and the district when such reports are received and all reporting requirements have been met and will request approval from the board to release withheld funds.

(6) Upon receiving approval from the board, the Office of Public Instruction will release any BASE aid being held from the district with the next regular distribution of BASE aid.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-344, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98.

Mont. Admin. R. 10.10.504 Funding Adjustments for Prior/Current Year Reporting Errors

(1) The Office of Public Instruction conducts several checks on the accuracy of data reported by trustees, county treasurers, county superintendents of schools and school districts. If errors are found in data reported as a result of these checks, or if an error is brought to the Office of Public Instruction's attention by the district, county or another outside party, the Office of Public Instruction may require an amended report or budget to be submitted and may make any necessary adjustment to the district's state or federal payments.

(2) Regardless of the year the report or budget error occurred, whenever possible, any resulting adjustment to the district's prior or current year state payment will be made in the year the error is discovered. The adjustment will be made by increasing or decreasing, as appropriate, current year state payments remaining to be distributed to the district.

(3) If the amount remaining to be distributed to the district in the current year is less than the amount of an adjustment decreasing the district's state payment, the balance of the adjustment will be made by reducing state payments to the district in the following year or years until all prior year over-distributions of state payments have been recovered.

(4) The Superintendent of Public Instruction may require a district to provide reasonable documentation supporting the amount of additional state payments to be distributed to the district due to errors in financial or ANB data reported in the prior or current year. Examples of reasonable supporting documentation include copies of district accounting records, copies of county accounting records and official audit opinions.

(5) Revisions to the annual trustees' financial summary report made by the district or cooperative after December 10 of the ensuing fiscal year will not be considered in calculating amounts used for special education reversion or for federal maintenance of effort requirements.

(6) Material revisions to the annual trustees' financial summary submitted by December 10 shall be accepted, limited to the following types of adjustments:

(a) coding revisions between revenue or expenditure line items providing no change occurs in the fund balance of budgeted funds; and

(b) revisions in balance sheet accounts provided no change occurs in the fund balance of budgeted funds.

(7) Changes that affect fund balance in a budgeted fund or immaterial line item coding changes must be reported as prior period adjustments in the trustees' financial summary for the current year. The district may need to adopt a budget amendment in the current year to record the prior period adjustment within the budget of a fund.

(8) Revisions to the annual trustees' financial summary submitted by December 10 will be filed for information purposes by the Office of Public Instruction.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-344, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 209, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.505 District Revenue and Expenditure Reports

(1) The district clerk shall make available revenue and expenditure reports to the board of trustees.

(2) The recommended format for revenue and expenditure reports for budgeted funds is:

(a) The revenue budget report should show by revenue account the amount budgeted by fund for each revenue account, the amount collected to date, and the amount remaining to be collected.

(b) The expenditure budget report should show the amount budgeted by line item, function, or in total, the amount expended to date and the amount of budget authority remaining.

(3) Revenue and expenditure reports for nonbudgeted funds should include, at a minimum, the amount collected to date for each revenue account and the amount expended to date by expenditure line item or expenditure function category.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-133, 20-9-213, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94.

Subchapter 10.10.6 Investments

Mont. Admin. R. 10.10.601 County Investment of School District Funds

(1) As required by 20-9-212 , MCA, county treasurers shall invest, within three days of receipt, money received in the elementary and high school county equalization funds, the county levies in support of district retirement obligations, and the county levy in support of transportation schedules. The taxes must remain invested until one working day before they are distributed to school districts within the county or remitted to the state.

(2) County treasurers shall allocate proportionately to, and deposit investment income received, in the funds established to account for elementary and high school county equalization, the county levies for retirement, and the county levy for transportation.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-212, 20-9-213, MCA
History: NEW, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 1365, Eff. 6/26/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; TRANS, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.10.610 Definitions

For purposes of this subchapter, the following definitions apply:

(1) "Nonspending investment account" is a school district investment account from which monies are transferred back to the county treasurer to cover district warrants drawn on the district's fund or for cooperatives formed under 20-7-457 , MCA, for cooperative warrants drawn on the cooperative's funds.

(2) "School district investment account" is defined as an investment account established by a Montana school district pursuant to 20-9-235 , MCA, or by a cooperative as provided under ARM 10.10.611. "School district investment account" does not include an investment pool program hosted by the county as a countywide investment pool or a school district investment pool formed by schools or by a combination of schools and other local governments under 20-9-213 , MCA.

(3) "Spending investment account" is a school district investment account from which the district or cooperative formed under 20-7-457 , MCA, makes payments for expenditures using electronic payments, either to vendors or to a subsidiary checking account used to issue checks from the district's or cooperative's investment accounts. Warrants are not written on a fund held for a district or cooperative by a county treasurer if a spending investment account has been established for the fund.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.10.611 Establishment of Investment Accounts

(1) In accordance with 20-9-235, MCA, a school district may set up school district investment accounts for any fund or funds of the district, except the debt service fund. A full service education cooperative established under 20-7-451, MCA, and which receives state special education allowable cost payments and quality educator payments directly from the Superintendent of Public Instruction under 20-7-457 and 20-9-327, MCA, may set up investment accounts for any fund or funds of the cooperative in accordance with 20-9-235, MCA.

(2) Trustees may deposit money from elementary and high school funds of districts operating as a unified school system as provided in 20-6-312, MCA, into a combined investment account or accounts, provided the financial activity of each fund and district is separately identified in the district’s financial records and provided that income on investments is allocated to the district fund which generated the income.

(3) All elected officials, school district employees, full service education cooperative employees, and investment firm employees with duties related to the investment must be bonded.

(a) The bond may cover an individual or a blanket bond of the investment may cover all elected officials and employees or any combination.

(b) The district or full service education cooperative shall determine the amount for which the elected official or employee shall be bonded based on the amount of money or property handled and the opportunity for defalcation.

(4) Before establishing investment accounts, a school district or full service education cooperative must obtain written documentation that the investment firm or entity being contracted to administer the investment account(s):

(a) complies with 20-9-204, MCA, Article VIII, section 13 of the Montana Constitution and is qualified and competent to provide investment services to school districts and full service education cooperatives;

(b) is either registered with or has filed notice with the State Auditor under the provisions of Title 30, chapter 10, MCA;

(c) acquires pledged securities in the same manner and amount as required in 7-6-202 and 7-6-213, MCA, for investments which are not guaranteed or uninsured investments;

(d) agrees to purchase only the types of investments allowed for schools by law pursuant to 20-9-213(4), MCA; and

(e) provides the district or full service education cooperative with a monthly report detailing:

(i) investment and redemption dates;

(ii) investment and redemption amounts, by school district fund;

(iii) fees charged for administering the investment accounts;

(iv) the amount of interest accrued, reinvested and distributed by fund;

(v) the balance of the district's investments, by fund;

(vi) for a spending investment account, a list of checks, if applicable, and a detailed report of electronic payments made from the investment account; and

(vii) at fiscal year-end, the amount of interest accrued as of June 30 and the fair value of the district's or full service education cooperative's share of pooled investments as of June 30 as prescribed by Governmental Accounting Standards Board (GASB) No. 31.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, 20-9-327, 20-9-440, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2010 MAR p. 1990, Eff. 9/10/10.

Mont. Admin. R. 10.10.612 Spending Investment Accounts

(1) A district or full service education cooperative that establishes a spending investment account for a fund will issue payments from the fund using electronic payments or checks. District or full service education cooperative warrants may not be issued from a spending investment account.

(a) A district or full service education cooperative using spending investment accounts may establish a subsidiary checking account from which checks are issued. Districts may transfer money from the spending investment accounts to the district's or full service education cooperative's subsidiary checking account to pay checks written against district or cooperative funds held in spending investment accounts.

(b) A district or full service education cooperative issuing checks from a subsidiary checking account may apply facsimile signatures and seals as provided in 2-16-114 and 20-9-221 , MCA.

(d) Checks must be made payable to specified payees and never made payable to cash.

(2) Section 20-9-440 , MCA, requires the county treasurer to make all payments due on school district bonds and special improvement districts (SIDs) . Therefore, trustees may establish a nonspending account, but not a spending investment account, for the debt service fund.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.10.613 Agreement with the County Treasurer

(1) Before establishing a school district investment account or accounts, the trustees of a school district or a full service education cooperative shall enter into a written agreement with the county treasurer.

(2) Trustees of a joint district shall enter into an agreement with the county treasurer of the located county only. County treasurers of nonlocated counties shall continue to remit the revenue collections from their counties to the appropriate district funds held by the located county's treasurer, who will deposit the money according to the signed agreement and the trustees' directives.

(3) To be effective for the ensuing school year, an agreement must be entered into no later than June 30.

(4) The written agreement must, at a minimum, meet the statutory requirements of 20-9-235, MCA. The district or full service education cooperative and the county treasurer may include additional agreed-upon provisions. An agreement that contains an automatic renewal provision must be reviewed and reauthorized by the parties at least every five years.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.614 Payments Into an Investment Account

(1) The school district or a full service education cooperative for special education that receives direct special education allowable cost payments and a quality educator payment for eligible full-time equivalent educators from the Superintendent of Public Instruction under 20-7-457(1), MCA, may apply in writing to the Superintendent of Public Instruction to distribute the district's or cooperative's payments by direct electronic transfer of funds into an investment account as provided by 20-9-235 and 20-9-346(3), MCA.

(2) To qualify for the electronic transfer, the trustees shall submit a written request to the state Superintendent, including a copy of the trustees' written agreement under ARM 10.10.613 for each affected fund and a copy of the direct deposit signup form (OMB standard form 1199A), signed by the district or cooperative and the investment firm, indicating the routing numbers for the electronic deposit into the school investment account.

(3) The state Superintendent of Public Instruction shall approve the request if:

(a) the district or cooperative is currently in compliance with financial accounting and reporting requirements of the state Superintendent of Public Instruction;

(b) other funds of the district or cooperative held by the county treasurer do not have deficit cash balances; and

(c) the district's or cooperative's most recent audit report discloses no serious financial noncompliance issues, repeated or unresolved financial problems, or significant internal control problems.

(4) The state Superintendent of Public Instruction shall process an eligible district's or cooperative's request for direct depositing beginning with the next scheduled payment if the district's or cooperative's completed request is received by the 10th of a month, barring unforeseen delays.

(5) Federal grant payments may only be made to an investment account that does not earn interest or other income.

(6) The state Superintendent of Public Instruction may rescind the approval of a district's or cooperative's request to receive electronic transfers to investment accounts if the criteria of (3) and internal control provisions of ARM 10.10.615 are not met. Upon receipt of written notice, the trustees may request a hearing to be held within 30 days. If, after hearing, the conclusion is that the criteria of (3) are not being met, the state Superintendent of Public Instruction may discontinue transfers to the district's or cooperative's investment account after a waiting period of 60 days.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.10.615 Internal Controls and Accounting Records

(1) The trustees of a district or the management board of a full service education cooperative shall provide and enforce a system of internal controls to safe-guard the district's or full service education cooperative's money by providing the following procedural checks and balances:

(a) Each month, a school district or full service education cooperative that has established an investment account(s) shall reconcile:

(i) the district's or cooperative's records of investment balances;

(ii) county treasurer's transfers from the district's or cooperative's funds to the account(s) ;

(iii) transfers from the account(s) to the district or cooperative fund(s) held by the county treasurer;

(iv) checks cleared; and

(v) interest income to the investment account statement.

(b) A person other than the district or full service education cooperative employee responsible for producing payments by check or electronic transfer, including another district or cooperative employee, a county employee, a trustee, or a contracted accounting professional, shall review the monthly reconcilement to verify validity of:

(i) changes to account routing numbers;

(ii) appropriate payees;

(iii) proper sequence of check numbers; and

(iv) authorization of expenditures by the appropriate school district or full service education cooperative official.

(c) No single person may control an accounting transaction from beginning to end, meaning the same person shall not be responsible for initiating a payment or transfer, authorizing the payment or transfer, recording of accounting transactions for payments and transfers, and reconcilements.

(2) When directed by the school district or full service education cooperative, a county treasurer shall deposit the district's or cooperative's money directly into the appropriate investment account by issuing a treasurer's check or wire transfer of funds to the investment account. A treasurer may not direct payments to a subsidiary checking account.

(a) When directing investments, the school district or full service education cooperative shall provide written notification to the county treasurer stating the amount to deposit and the fund making the investment.

(b) A school district or full service education cooperative shall not purchase investments using district or cooperative warrants.

(3) For a nonspending investment account, a school district or full service education cooperative shall direct the investment firm to deposit redeemed investments and interest income to the credit of the specific and appropriate school district fund held by the county treasurer.

(a) The school district or full service education cooperative shall require that the investment firm, transferring money to the district's or cooperative's fund held by the county treasurer, inform the county treasurer in writing stating the fund(s) to which the proceeds should be deposited and the amount of the interest earnings and principal contained in the proceeds. Any losses incurred must also be reported by fund.

(b) The school district or full service education cooperative shall not make payments from a nonspending investment account.

(4) Before transferring money from one fund to another fund of the district, as allowed by specific references in school laws, trustees shall return the money from the school investment account to the related fund held by the county treasurer. Trustees may then direct the county treasurer to transfer the money to the receiving fund pursuant to 20-9-201 , 20-9-208 , or 20-9-443 , MCA.

(5) A school district or full service education cooperative participating in a nonspending investment account shall monitor its cash balances maintained with the county treasurer and will promptly redeem investments to pay district or cooperative warrants and district bond principal and interest in a timely manner.

History

Authorizing statute(s): 20-9-102, 20-9-235, MCA
Implementing statute(s): 20-9-235, MCA
History: NEW, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.10.625 Investment Pools

(1) For purposes of this rule, "investment pool" is defined as a unified investment program established under 20-9-213 (4) , MCA, by a Montana school district and one or more other school districts or other local governmental entities. "Investment pool" does not include an investment program hosted by the county as a countywide investment pool or a school district investment account established under 20-9-235 , MCA.

(2) A school district participating in an investment pool shall enter into a written agreement with other participants, including one or more other school districts or local governments involved in the program. In addition to terms required by 7-11-105 , MCA, the agreement must state:

(a) the manner in which participants will share gains, losses, interest distributions and fees;

(b) that only the types of investments allowed by 20-9-213 (4) , 7-6-202 , and 7-6-213 , MCA, will be purchased;

(d) the details specific to procedures necessary when more than one county treasurer is involved in funds combined in the investment pool;

(e) the party authorized to direct the purchase and redemption of investments (i.e. a representative of the host entity, investment pool committee or board, school district official, etc.) ; and

(f) that all elected officials, school district employees, and investment pool employees with duties related to the investment pool must be bonded.

(i) The bond may cover an individual or a blanket bond of the investment pool may cover all elected officials and employees or any combination.

(ii) The investment pool participants shall determine the amount for which an elected official or employee shall be bonded based on the amount of money or property handled and the opportunity for defalcation.

(3) Before participating in an investment pool a school district must have written documentation that the investment firm or entity contracted to administer the pool:

(a) complies with 20-9-204 , MCA, Article VIII, section 13, Montana Constitution, and is qualified and competent to provide investment services to the school districts;

(b) is either the state Board of Investments or an investment firm that is either registered with or has filed notice with the State Auditor under the provisions of Title 30, chapter 10, MCA;

(c) acquires pledged securities in the same manner and amount as required in 7-6-202 and 7-6-213 , MCA, for investments which are not guaranteed or uninsured investments; and

(d) provides each investment pool participant and associated county treasurer with a monthly report detailing:

(i) investment and redemption dates;

(ii) investment and redemption amounts, by school district fund;

(iii) fees charged for administering the investment pool;

(iv) the amount of interest accrued, reinvested and distributed, by fund;

(v) the balance of the district's investments, by fund; and

(vi) at fiscal year-end, the amount of interest accrued as of June 30 and the fair value of the district's share of pooled investments as of June 30 as prescribed by governmental accounting standards board (GASB) No. 31.

(4) A school district participating in an investment pool shall reconcile the district's records of investment balances and interest income to the county treasurer's reports and the investment firm's reports each month.

(5) When directed by a school district participating in an investment pool, a county treasurer shall invest the district's money within three days in an investment pool by issuing a treasurer's check, warrant, or wire transfer of funds to the state Board of Investments or investment firm that has registered or filed notice with the State Auditor administering the investment pool.

(a) When directing investments, the school district must provide written notification to the county treasurer stating the amount to invest and the fund making the investment.

(b) A school district shall not purchase investments using district warrants.

(6) A school district will direct the investment firm that has registered or filed notice with the State Auditor or State Board of Investments to deposit redeemed investments and interest income with the county treasurer, to the credit of the specific and appropriate school district fund.

(a) The school district will require that the investment firm or State Board of Investments informs the county treasurer in writing stating the funds to which the proceeds should be deposited and the amount of the interest earnings and principal contained in the proceeds.

(b) The school district shall not pay operating expenses from an investment pool without first returning the funds to the county treasurer. Operating expenses include but are not limited to salaries, service or construction contracts, and supplies and equipment.

(7) Each school district participating in an investment pool will monitor its cash balances maintained with the county treasurer and will promptly redeem investments to pay district warrants and bond principal and interest in a timely manner.

History

Authorizing statute(s): 20-9-102, 20-9-201, MCA
Implementing statute(s): 20-9-212, MCA
History: NEW, 2000 MAR p. 632, Eff. 2/25/00; AMD & TRANS, 2002 MAR p. 1740, Eff. 6/28/02.

Chapter 10.11 Oil and Gas Production Taxes

Subchapter 10.11.1 Oil and Gas Production Taxes

Mont. Admin. R. 10.11.101 Definitions

The following definitions apply to this chapter.

(1) "Directly impacted by oil and gas development" means school districts in counties that had oil or natural gas production in FY 2015 or that are surrounded on their Montana borders by counties that had oil and natural gas production in FY 2015.

(2) "Excess oil and natural gas production taxes" means oil and natural gas production taxes that the Department of Revenue deposits into the state school oil and natural gas distribution account provided for in 20-9-520, MCA.

(3) "Quality educator" has the same meaning as the term is defined in 20-9-327(3), MCA.

(4) "School unit" means:

(a) 800 ANB for a high school district;

(b) 250 ANB for the K-6 ANB of an elementary district with an approved junior high school, 7th and 8th grade program, or middle school;

(c) 250 ANB for the K-8 ANB of an elementary district without an approved junior high school, 7th and 8th grade program, or middle school; and

(d) 450 for the 7th and 8th grade ANB of an elementary district with an approved junior high school, 7th and 8th grade program, or middle school.

(5) "Zone 1 School Districts" means all school districts in Carter, Dawson, Fallon, Richland, Roosevelt, Sheridan, and Wibaux counties.

(6) "Zone 2 School Districts" means all school districts in Custer, Daniels, Garfield, McCone, Powder River, Prairie, Rosebud, and Valley counties.

(7) "Zone 3 School Districts" means all school districts in Big Horn, Blaine, Carbon, Chouteau, Fergus, Glacier, Golden Valley, Hill, Liberty, Musselshell, Petroleum, Phillips, Pondera, Stillwater, Sweet Grass, Teton, Toole, Treasure, and Yellowstone counties.

History

Authorizing statute(s): 20-9-310, MCA
Implementing statute(s): 20-9-310, 20-9-517, 20-9-518, 20-9-519, MCA
History: NEW, 2016 MAR p. 881, Eff. 7/1/16.

Mont. Admin. R. 10.11.102 Distribution of Excess Oil and Natural Gas Production Taxes

(1) In accordance with the quarterly distribution schedule established in 20-9-310(4)(a), MCA, the Office of Public Instruction shall allocate the excess oil and natural gas production taxes to school districts directly impacted by oil and natural gas production in the following manner:

(a) 50% to school districts in Zone 1;

(b) 37.5% to school districts in Zone 2; and

(2) The Office of Public Instruction will distribute the revenues allocated to operating school districts in Zone 1 as follows:

(a) 5% for efforts to recruit and retain qualified educators and staff;

(b) 60% for the daily operations of school districts that have not yet reached the limit on the amount of oil and natural gas production taxes that a district may retain under 20-9-310, MCA; and

(3) The funding in (2)(a) will be distributed quarterly to individual school districts based on the number of quality educators in the district compared to the total number of quality educators in the school districts in Zone 1.

(a) The district may expend funds received under (2)(a) for recruitment efforts, moving expenses, hiring bonuses, travel, student loan repayment, housing, or other initiatives to recruit and retain qualified staff.

(b) All school districts in Zone 1 will receive a distribution under (2)(a) regardless of whether the district has reached the maximum amount of oil and natural gas production taxes that it may retain under 20-9-310, MCA.

(c) The number of quality educators for a district will be the same number that is used for the distribution of the quality educator payment for the current school year.

(4) The funding for daily operations in (2)(b) will be distributed quarterly to individual school districts based on the number of quality educators in the district compared to the number of quality educators in the school districts in Zone 1.

(a) A district is eligible for funding for daily operations under (2)(b) until the district reaches the maximum amount of oil and natural gas production taxes that it may retain under 20-9-310, MCA.

(b) Once a district receives the maximum amount of oil and natural gas production taxes it may retain under 20-9-310, MCA, additional allocations during the school year will be distributed among the remaining districts that have not reached their maximum amount.

(c) The number of quality educators for a district will be the same number that is used for the distribution of the quality educator payment for the current school year.

(5) The funding for infrastructure in (2)(c) will be distributed through an annual grant process.

(a) All school districts in Zone 1 are eligible to apply individually or in conjunction with other school districts in Zone 1.

(b) Priority will be given to school districts with urgent and serious public health and safety issues, deferred maintenance, and proposals to enhance educational opportunities. The applicant will describe:

(i) the challenges facing the district in terms of student demographics, school environment, student achievement, human resources and instruction, facilities and resources and/or economic resources as a result of oil and natural gas production; and

(ii) how the proposal addresses the challenges faced by the district.

(d) Grant funds awarded to a school district under this section do not count against the maximum amount of oil and natural gas production taxes that it may retain under 20-9-310, MCA.

(6) A nine-member committee composed of one representative from each of the seven counties in Zone 1, a representative from the Office of Public Instruction, and a representative from the Office of Budget and Program Planning (OBPP) will determine which projects are funded.

(a) Committee members will be appointed by April 1 of each year.

(b) The president of the northeast region of the Montana Association of School Superintendents will appoint the committee members from Richland, Roosevelt, Sheridan, and Wibaux counties and report the names of committee members to the Office of Public Instruction.

(c) The president of the southeast region of the Montana Association of School Superintendents will appoint the committee members from Carter, Dawson, and Fallon counties and report the names of committee members to the Office of Public Instruction.

(d) The Superintendent of Public Instruction will appoint the committee member from the Office of Public Instruction.

(e) The director of the OBPP will appoint the representative from OBPP.

(f) The committee will elect a chairperson at its first meeting.

(g) The committee will develop by-laws and a process and timeline for evaluating grant applications.

(7) Grant applications will be submitted to the Office of Public Instruction on an annual basis.

(a) The OPI will make the application format available no later than January 15. The application window will be at least 90 days.

(b) The Office of Public Instruction will distribute the submitted applications to committee members and convene the first meeting of the committee. The chairperson of the committee will convene subsequent meetings.

(c) The committee will award the grants by June 1. The OPI will distribute the funding for the current school year to the grantees by June 30.

(8) The Office of Public Instruction will distribute quarterly the revenues allocated to school districts in Zone 2 and Zone 3 in the following manner:

(a) There is a school unit payment to each school district based upon the calculated number of school units within the school district.

(b) Each operating school district must receive a payment for at least one school unit.

(c) A district with current year ANB greater than the applicable number described in ARM 10.11.101(4) must receive an additional unit or units, which is calculated by dividing the current year ANB by the appropriate number of ANB in ARM 10.11.101(4) and rounding that number up to the nearest tenth.

(d) The Office of Public Instruction will determine the amount of excess oil and natural gas production taxes allocated to each operating district in Zones 2 and 3 as follows:

(i) determine the school unit payment by dividing the amount of revenue available for distribution in the zone by the number of school units for the operating school districts in the zone; and

(ii) multiply the number of school units for an operating district by the school unit payment to determine the amount to be distributed to the district.

(9) Except as provided in (5)(d), a school district must deposit any excess oil and natural gas production taxes received by the district in a budgeted fund of the district and record the revenue as oil and natural gas production taxes. The monies may be used in accordance with the purpose of the fund into which the monies are deposited.

History

Authorizing statute(s): 20-9-310, MCA
Implementing statute(s): 20-9-310, 20-9-517, 20-9-518, 20-9-519, MCA
History: NEW, 2016 MAR p. 881, Eff. 7/1/16.

Chapter 10.13 Traffic Education

Subchapter 10.13.1 Procedures for Isolation Classification

Mont. Admin. R. 10.13.101 Application Information

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-302, MCA
History: ARM Pub. 11/26/77; TRANS, 1990 MAR p. 505, Eff. 3/16/90.

Mont. Admin. R. 10.13.102 Approval Criteria

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-302, MCA
History: ARM Pub. 11/26/77; TRANS, 1990 MAR p. 505, Eff. 3/16/90.

Subchapter 10.13.2 Opening Middle Schools

Mont. Admin. R. 10.13.201 Approval Criteria

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-302, MCA
History: ARM Pub. 11/26/77; TRANS, 1990 MAR p. 505, Eff. 3/16/90.

Subchapter 10.13.3 Program Standards and Course Requirements for Traffic Education

Mont. Admin. R. 10.13.307 Program Requirements

(1) An approved traffic education program for young novice drivers must:

(a) be provided only by school districts operating a junior high school or high school;

(b) be for students who are 15 years old or older, or who will reach their 15th birthday within six months of course completion;

(d) use a curriculum that meets the content standards and benchmarks of ARM 10.13.402 through 10.13.410 and includes the dangers of physical and cognitive distractions while driving as required by 61-5-135, MCA and is based on a curriculum guide, or guides, readily available for review from the Superintendent of Public Instruction or traffic education staff. A student must meet the minimum performance objectives identified by the local school district and fulfill the state required hourly and minimum student contact day requirements contained in this part, in order to be considered as having successfully completed the program;

(e) use lesson plans that maximize student-centered learning activities and integrate objective-based route plans for behind-the-wheel instruction;

(f) base the successful completion of driver education for each student on criteria identified by the local school district; the minimum number of hours and student contact days; and other applicable standards required in this part;

(g) be scheduled so that a sufficient number of courses are provided to allow every eligible student within the school's geographic jurisdiction an equitable opportunity to enroll pursuant to 61-5-106, MCA;

(h) consist of at least 60 hours of structured learning experiences scheduled over no less than 25 student contact days for each student, including no fewer than six hours of behind-the-wheel, in-traffic driving instruction by an Office of Public Instruction approved traffic education teacher scheduled over no less than six student-contact days of which:

(i) up to 12 of the required 60 hours may be satisfied by in-vehicle observation of an approved teacher instructing another novice driver; or

(ii) for those schools having traffic simulator equipment approved by the Office of Public Instruction, twelve hours of simulation may be substituted for two hours of behind-the-wheel instruction or six hours of simulation may be substituted for one hour of behind-the-wheel instruction;

(i) provide behind-the-wheel instruction only to students who are currently participating in classroom instruction. All traffic education program phases must be conducted using concurrent or integrated scheduling;

(j) use only dual-control vehicles that are equipped according to vehicle standards in ARM 10.13.311;

(k) have property and liability insurance sufficient to protect the school, teachers, students, the public, the vehicle(s), and its owner;

(l) use the Office of Public Instruction form entitled "School/Dealer Vehicle Use Agreement" (form TE02) or the school's equivalent form when a traffic education loan vehicle is procured from a vehicle dealer;

(m) complete all reports and documents required by the Office of Public Instruction and the Department of Justice, Motor Vehicle Division in the time frames required; and

(n) include a parent meeting at the beginning of the driver education class that covers:

(i) course schedule, requirements, and expectations of the teen student and the parents/guardians;

(ii) information on Montana's graduated driver licensing (GDL) law;

(iii) best practices in GDL; and

(iv) parental involvement, including:

(A) managing their teen's graduated learning process through each stage of the GDL;

(B) tips on supervising the driving practice during the initial permit phase;

(D) objectives for success and significant hazards associated with each driving phase; and

(E) information and tools to negotiate and adopt a written agreement between the teen and parent that reflects the expectations of both, including clearly defined restrictions, privileges, rules, and consequences that serve as a basis for the teen to earn and for the parent to grant progressively broader driving privileges; and

(v) any other information that the district considers important for the successful and safe completion of driver education.

(2) A school's failure to comply with the program requirements outlined herein shall be grounds for the Superintendent of Public Instruction to deny or revoke the approval of the school's traffic education program application.

(3) As used in subchapter 3, program standards and course requirements for traffic education, the following definitions apply:

(a) "Behind-the-wheel" means operator training by an OPI approved traffic education teacher in a vehicle that meets the requirements of ARM 10.13.311;

(b) "Concurrent scheduling" means scheduling the traffic education program without an interruption of instruction between classroom instruction and behind-the-wheel instruction;

(c) "Eligible student" means any youth who lives within the geographic boundaries of the public school district whether or not they are enrolled in the public school district and who meets the age requirements of ARM 10.13.312 and has not yet reached 19 years of age on or before September 10 of the school year in which the student participates in traffic education. For the purposes of this rule, traffic education programs conducted during summer months shall be considered part of the school year immediately preceding the summer months;

(d) "Equitable" means treating all eligible students fairly and without bias in the notification, enrollment, and class administration procedures associated with traffic education;

(e) "In-traffic" means operator training on roadways open to and with public traffic including up to 30 minutes of initial vehicle familiarization and training in little- used parking lots;

(f) "Integrated scheduling" means scheduling the traffic education program to include a blend of classroom instruction and associated behind-the-wheel instruction during the duration of the traffic education course;

(g) "Student contact day" means a day that a teacher engages a student in a structured learning activity of the district's traffic education curriculum that applies toward the required minimum of 60 hours of instruction, whether it be classroom instruction, teacher-directed learning activities, observation, simulation, or behind-the-wheel instruction.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2003 MAR p. 1627, Eff. 8/1/03; AMD, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.308 Application Procedures

(1) A school district shall apply for and receive approval annually from the superintendent of public instruction in order to provide, and prior to commencing, a young novice driver education program. Public school districts eligible for public funding shall apply and receive approval from the superintendent of public instruction prior to starting a young novice driver education program in order to be eligible for state reimbursement from the state traffic education fund.

(2) To obtain approval for a traffic education program, a school district shall complete and submit to the superintendent of public instruction an "Application for Approval of a Traffic Education Program(s) for Young Novice Drivers" (form TE01) . This application form may be obtained from the superintendent of public instruction's traffic education specialist. Following action by the superintendent of public instruction, a copy of the application shall be returned to the school district showing the approval status. All necessary forms and materials shall be forwarded at this time.

(3) The traffic education teacher(s) teaching the program shall have approval issued by the superintendent of public instruction on or before the beginning date of the program in order for the school district to commence a traffic education program for young novice drivers, or for public school districts to be eligible for state reimbursement.

History

Authorizing statute(s): Sec. 20-7-502, MCA
Implementing statute(s): Sec. 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02.

Mont. Admin. R. 10.13.309 Reimbursement to Public School Districts

(1) The administrative official of the eligible public school district shall submit a "Traffic Education Program Reimbursement Request" (a certified list of pupils who have completed a state-approved traffic education program) for all students who completed the program during the preceding fiscal year.

(a) In 2020 the eligible public school district may either submit the list of pupils by July 10 or December 31.

(b) For 2021 and thereafter, the eligible public school district shall submit the list of pupils by July 10.

(2) Reimbursement per student shall be based on the completion of at least 50% of the classroom portion and 50% of the behind-the-wheel portion of the course, and minimum age requirements. Reimbursement per student shall be paid whether the student passed or failed the course.

(3) The superintendent of public instruction shall disburse to the eligible public school districts the amount of traffic education reimbursement money to which they are entitled based on the number of students listed on the reimbursement forms and on the money available for reimbursement in the state traffic education account.

(a) For submissions by July 10, 2020, and all years thereafter, the superintendent of public instruction shall disburse to the eligible public school districts the reimbursement money due them by August 31, 2020, and August 31st of every other year thereafter.

(b) For submissions by December 31, 2020, the superintendent of public instruction shall disburse to the eligible public school districts the reimbursement money due them by January 15, 2021.

(4) Traffic education reimbursements received by eligible public school districts must be deposited in the district's traffic education fund and shall only be expended for traffic education related expenses.

(5) State reimbursement for traffic education shall not be issued to public school districts that provide traffic education with unapproved teachers or operate a traffic education program not in compliance with Montana statutory and administrative law.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, 20-7-507, 20-9-510, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2020 MAR p. 1281, Eff. 7/11/20.

Mont. Admin. R. 10.13.310 Traffic Education Teachers

(1) All teachers of traffic education must be familiar with current graduated driver licensing laws and best practices, be able to provide clear, correct, and appropriate information to driver education students and their parents, and have approval from the Superintendent of Public Instruction.

(2) Approval is contingent upon the applicant having:

(a) a qualifying valid Montana educator license;

(b) a minimum of eight semester or 12 quarter hours of credit course work in traffic safety education which must include a driver task analysis (classroom instruction) and behind-the-wheel (developing vehicle operational skills) course;

(c) appropriate coursework for a Class 4B, 4C, or 7 Montana-approved educator license including teaching strategies and class management, but which does not count as a traffic education course requirement or elective toward the traffic education minor; and

(d) a valid driver's license with a verified acceptable driving record from Montana and any other jurisdiction within which the applicant has been licensed to drive during the 10-year period immediately preceding the date of application. The driving record shall be free from:

(i) more than one moving traffic violation, as defined in 61-11-203, MCA, within any 12-month period of the previous 36 months;

(ii) any conviction for driving under the influence of alcohol or drugs (DUI) under 61-8-401, 61-8-406, 61-8-410, 61-8-411, or 61-8-465, MCA, within the preceding 36 months, or any conviction for a violation of a substantially similar offense from any other jurisdiction within the preceding 36 months;

(iii) any evidence of a refusal to take a test under an implied consent law in this or any other jurisdiction, or a test result under an implied consent law in any other jurisdiction that shows an alcohol concentration of 0.08% or more while operating a noncommercial motor vehicle or an alcohol concentration of 0.04% or more while operating a commercial motor vehicle within the preceding 36 months;

(iv) a conviction resulting in mandatory revocation or suspension of a driver's license for any of the following offenses in the previous five years:

(A) negligent homicide resulting from the operation of a motor vehicle;

(B) fleeing from or eluding a peace officer;

(D) any felony in the commission of which a motor vehicle is used;

(v) judgment under 61-6-102(3), MCA resulting in the imposition of civil liability for involvement in any fatal traffic accident during the previous five years; or

(vi) a declaration of habitual traffic offender status as defined in 61-1-203, MCA, during the previous ten years.

(3) For the purposes of this rule, the definition of "conviction" is as stated in 61-5-213, MCA.

(4) Approval to teach traffic education shall be renewed with each renewal of the traffic education teacher's educator license. For each succeeding renewal of the educator license after initial approval, the teacher must accumulate at least four semester or six quarter hours of qualifying course work in traffic safety education until an endorsable minor or its equivalent (20 semester or 30 quarter qualifying credits) has been completed.

(5) If a teacher's approval to teach traffic education has expired and the teacher has not met the renewal requirements of (4), the teacher may request an extension for approval to teach traffic education, subject to the following:

(a) A one-time, one-year emergency extension of approval may be granted for a teacher who received initial approval but who has not been able to complete the required four semester or six quarter traffic education credits for reapproval. The public school district or eligible nonpublic school shall submit a letter to the Office of Public Instruction stating it has advertised for a traffic education teacher and that no qualified individuals were available to teach. In addition, the teacher for whom the school is seeking an emergency interim approval shall submit to the Office of Public Instruction a plan outlining how the teacher will satisfy the required coursework within the one-year extended period.

(b) A one-time, extenuating circumstance extension of approval may be granted for a period up to two years. The district and teacher shall submit the same documentation required in (5)(a). In addition to the above documentation, the teacher shall submit a statement of a compelling reason why coursework deficiencies cannot be completed within one year, and shall assure the Office of Public Instruction that the teacher will complete the traffic education minor, or its equivalent, within the extension period.

(c) If other traffic education teachers are available to the school district, no emergency or extenuating circumstance extensions shall be granted. Both such extensions are contingent upon the other renewal requirements, including a valid driver's license, an approvable driving record and successful renewal of the teacher's Montana educator license.

(6) A teacher's failure to maintain the requirements for traffic education teacher approval constitutes grounds for the immediate revocation of the approval to teach traffic education. Any revocation of approval may be appealed to the deputy Superintendent of Public Instruction within 30 days of the date of the notice of revocation of approval. The deputy superintendent shall review the revocation and either confirm or reverse the revocation. The deputy superintendent's decision is final.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2012 MAR p. 76, Eff. 1/13/12; AMD, 2017 MAR p. 1650, Eff. 9/23/17.

Mont. Admin. R. 10.13.311 Traffic Education Vehicles

(1) Vehicles used for the behind-the-wheel driving phase of traffic education may be procured through a loan, lease, or purchase arrangement. Regardless of the method, it is essential that a sufficient number of vehicles be available for instructional use.

(2) Each traffic education vehicle must meet all federal motor vehicle safety standards (FMVSS) applicable to the vehicle used and be equipped, maintained, repaired, identified, insured, stored, and used according to the following:

(a) Required equipment:

(i) dual-control brake capable of bringing the vehicle to a complete emergency stop;

(ii) two exterior mirrors and a teacher's rearview mirror;

(iii) first aid kit with contents appropriate for possible minor injuries sustained during instruction;

(iv) flares or reflector warning devices;

(v) periodically inspected and operable fire extinguisher located in the passenger compartment;

(vi) accident report forms;

(vii) operable safety belts for each occupant. All occupants shall utilize a safety belt at any time the vehicle is in motion;

(viii) headlights must be in use at all times -- low or high beam, as appropriate -- during behind-the-wheel instruction.

(b) Recommended equipment:

(i) power steering and power brakes;

(ii) split or bucket type front seat;

(iii) four-door sedan;

(iv) air conditioning;

(v) tow cable;

(vi) shovel, ax, and bucket;

(vii) flashlight;

(viii) rear window defogger; and

(ix) ignition cut-off switch.

(c) The vehicles assigned for use in the traffic education program shall be kept in a safe operating condition. Maintenance and repair practices shall be in conformance with manufacturer's recommendations and with the policy established by the school district and participating dealer. Vehicles shall be given a periodic safety inspection by a knowledgeable person. The periodic inspection shall be conducted a minimum of once a year and prior to the annual commencement of behind-the-wheel instruction. The district shall maintain and make available for review by the Office of Public Instruction, or its designee, a record of the safety inspections, which include:

(i) the date of the inspection;

(ii) items inspected;

(iii) condition of items inspected; and

(iv) repairs made.

(d) All vehicles used in the traffic education program are to be identified with a minimum of two signs stating: "Student Driver," "Driver Education," or "Driver Education Car" clearly visible and readable to pedestrians and other traffic.

(e) Vehicles provided by dealers on a loan basis shall be used for traffic education purposes only unless the dealer(s) gives written authorization to use the vehicle(s) for other purposes.

(f) "Exempt" license plates shall be obtained for a traffic education vehicle owned by, or provided to the district by a dealer. "Dealer" license plates are not to be used on these vehicles. Responsibility for securing exempt license plates rests with the school district. The school must obtain the appropriate application from the county treasurer. In the space provided for registered owner, type the name and telephone number of the school district and the name of the dealer providing the vehicle.

(g) Each practice-driving vehicle (including motorcycles) must be covered by an amount of insurance that meets or exceeds minimum requirements of local and state financial responsibility statutes.

(h) If several dealers express a desire to provide practice-driving vehicles on a loan basis, the school district should either accept an equal number of vehicles from each dealer or should apply an annual rotation plan worked out with the dealer group or the local vehicle dealers association.

(i) Vehicles assigned for use in the traffic education program must be readily available for this use. Use of vehicles for other purposes must not conflict with the traffic education instructional program. If a traffic education vehicle is being used for purposes other than driving instruction, all identification as a traffic education vehicle must be removed.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.312 Student Enrollment

(1) The trustees of any district operating a public middle school, junior high school, or high school may establish and maintain a traffic education course for eligible students within the district's geographic jurisdiction, provided that students enrolled in the course will have reached their 15th birthday within six months of course completion as prescribed in 61-5-106, MCA. The district shall not be reimbursed for students completing the course at a younger age.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2003 MAR p. 1627, Eff. 8/1/03; AMD, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.313 Learner License

(1) All students enrolled in the traffic education program and receiving behind-the-wheel instruction shall have in their immediate possession a valid Montana traffic education permit, a valid Montana learner license, or a valid Montana driver license as prescribed in Title 61, chapter 5 of the Montana Code Annotated (MCA).

(a) A traffic education permit (TEP, also known as a restricted instruction permit or RIP) is authorized and prescribed in 61-5-106, MCA. It is valid from the date of issue until course completion as indicated by the expiration date, provided an approved traffic education teacher accompanies the student while driving. These permits are issued to the school district by the local driver examiner when presented official Office of Public Instruction approval for the current year. These permits shall not be given to the student, but shall be kept by the traffic education teacher and carried with the teacher in the car when the student is receiving behind-the-wheel instruction.

(b) A learner license is authorized and prescribed in 61-5-106(2) MCA. A driver with a learner license must be supervised from the front passenger seat of the motor vehicle by a licensed parent or other legal guardian, a qualified traffic education teacher, or some other licensed adult driver with permission of the parent or other legal guardian. This license may be obtained while the student is successfully participating in, or has successfully completed, a state-approved traffic education program.

(2) A learner license may be obtained:

(a) through the local driver license exam office of the Motor Vehicle Division of the Department of Justice, provided:

(i) the respective school district personnel authorizes the student to apply for the license by placing his/her name on the "Student List" form (TE04) and transmits the student list, along with the "Certification" form (TE03) signed by the appropriate school district personnel to the local driver license exam office;

(ii) the student has paid the necessary fee and obtained the driver license receipt and application form.

(iii) the student presents the completed, notarized application and receipts for payment of the permit with proof of identity, certified birth certificate, proof of residency, and social security number to the examiner. The permit is valid for one year from the date of receipt.

(iv) the student is at least 14 1/2 years of age.

(v) the student is successfully participating in or has successfully completed a state-approved traffic education program.

(vi) the student successfully completes all parts of the driver license examination other than the driving test; or

(b) through a public school district participating in the cooperative driver testing program (CDTP) provided:

(i) the student is at least 14 1/2 years of age and is enrolled in an approved traffic education program participating in the CDTP;

(ii) the student presents to the CDTP school district the completed, notarized application with proof of identity, certified birth certificate, proof of residency, and social security number;

(iii) the student successfully completes an eye exam and written knowledge test through the CDTP school district as authorized by the Department of Justice, Motor Vehicle Division. The learner license is valid for one year from the date of successful completion of the written exam; and

(iv) the respective CDTP school district personnel places the student's name on the "Student List" form (TE04) with an indication of a waiver for the knowledge test, and transmits the student list, along with the "Certification" form (TE03) signed by the appropriate school district personnel to the local driver license exam office within three days of issuance of the learner license to the student.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 1989 MAR p. 438, Eff. 4/14/89; AMD, 2002 MAR p. 1067, Eff. 4/12/02; AMD, 2012 MAR p. 76, Eff. 1/13/12; AMD, 2017 MAR p. 1650, Eff. 9/23/17.

Mont. Admin. R. 10.13.314 Cooperative Driver Testing Program

(1) The department of justice may authorize public school districts conducting a traffic education program approved by the superintendent of public instruction to administer to the district's traffic education students required standardized knowledge and road tests and to certify the test results to the department of justice, provided that:

(a) the school district completes, signs, and submits an "Intent to Participate" affidavit to the motor vehicle division of the department of justice;

(b) each of the school district's teachers who teach all or part of the district's traffic education curriculum:

(i) is approved under this chapter as a traffic education teacher;

(ii) has attended and successfully completed a cooperative driver testing program training class conducted by the department of justice; and

(iii) has completed, signed, and submitted an "Instructor Compliance Affidavit"; and

(c) the school district and its traffic education teachers administer the program as outlined in the cooperative driver testing program plan prepared by the department of justice, motor vehicle division.

(2) The school district's cooperative driver testing program shall be subject to review by the department of justice. The department of justice may terminate the district's authorization to participate as a cooperative driver testing school district or a teacher's cooperative driver testing program credentials if the department of justice's review indicates habitual, intentional or negligent non-compliance by agents of the school district and/or the traffic education teacher.

History

Authorizing statute(s): Sec. 20-7-502, MCA
Implementing statute(s): Sec. 61-5-110, MCA
History: NEW, 2002 MAR p. 1067, Eff. 4/12/02.

Subchapter 10.13.4 Traffic Education Content, Benchmarks, and Performance Standards

Mont. Admin. R. 10.13.401 Traffic Education Content, Benchmarks, and Performance Standards

(1) The content and performance standards shall be used by school districts to develop local curriculum and assessment to provide structured opportunities for students to learn, acquire, and demonstrate legal and safe driving skills, habits, and responsibilities through guided practice and resulting in a lifelong commitment to learning the driving task.

(2) Benchmarks define the expectations for students' knowledge, skills, and abilities.

(3) Performance standards define the quality of student performance and describe the performance to be demonstrated, providing a picture or profile of student achievement at the four performance levels: competent, proficient, nearing proficiency, and novice.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.402 Traffic Education Content Standard 1 and Benchmarks - Laws and Highway System

(1) To satisfy the requirements of traffic education content standard 1, a student must demonstrate knowledge and understanding of the highway transportation system and the laws governing the operation of a motor vehicle.

(2) The benchmarks for traffic education content standard 1 for a student upon completion of the program are the ability to:

(a) know the laws outlined in the Montana Driver's Manual;

(b) understand the laws outlined in the Montana Driver's Manual; and

(c) consistently demonstrate knowledge and understanding by responsible adherence to highway transportation system traffic laws and control devices.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.403 Traffic Education Content Standard 2 and Benchmarks - Responsibility

(1) To satisfy the requirements of traffic education content standard 2, a student must act responsibly by consistently demonstrating a positive attitude and respect for other roadway users, by obeying laws, and making an observable commitment to safe behaviors and good decision making.

(2) The benchmarks for traffic education content standard 2 for a student upon completion are the ability to:

(a) recognize the importance of making safe and responsible decisions for owning and operating a motor vehicle;

(b) demonstrate the ability to make appropriate decisions while operating a motor vehicle;

(d) demonstrate positive habits and attitudes for responsible driving.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.404 Traffic Education Content Standard 3 and Benchmarks - Visual Skills

(1) To satisfy the requirements of traffic education content standard 3, a student must demonstrate and analyze the importance of proper visual skills for the safe operation of a motor vehicle.

(2) The benchmarks for traffic education content standard 3 for a student upon completion are the ability to:

(a) know proper visual skills for operating a motor vehicle;

(b) communicate and explain proper visual skills for operating a motor vehicle;

(d) demonstrate positive habits and attitudes for consistent proper visual skills.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.405 Traffic Education Content Standard 4 and Benchmarks - Vehicle Control

(1) To satisfy the requirements of traffic education content standard 4, a student must demonstrate skill in maneuvering and controlling motor vehicles smoothly, efficiently, and safely.

(2) The benchmarks for traffic education content standard 4 for a student upon completion are the ability to:

(a) demonstrate smooth, safe, and efficient operation of a motor vehicle; and

(b) demonstrate positive habits and attitudes for safe, efficient, and smooth vehicle operation.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.406 Traffic Education Content Standard 5 and Benchmarks - Communication

(1) To satisfy the requirements of traffic education content standard 5, a student must communicate and interact with the highway transportation system and other roadway users utilizing prescribed, effective, and safe practices.

(2) The benchmarks for traffic education content standard 5 for a student upon completion are the ability to:

(a) consistently communicate their driving intentions (i.e., use of lights, vehicle position, and personal signals);

(b) adjust their driver behavior based on observation of the highway transportation system and other roadway users;

(c) adjust communication of driving intentions (i.e., use of lights, vehicle position, and personal signals) based on observation of the highway transportation system and other users; and

(d) demonstrate positive habits and attitudes for effective communication.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.407 Traffic Education Content Standard 6 and Benchmarks - Risk Management

(1) To satisfy the requirements of traffic education content standard 6, a student must demonstrate and safely apply driver risk-managing (defensive driving) strategies, behaviors, and habits, including measures to maintain distraction-free driving.

(2) The benchmarks for traffic education content standard 6 for a student upon completion are the ability to:

(a) understand driver risk-management principles;

(b) demonstrate driver risk-management strategies; and

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.408 Traffic Education Content Standard 7 and Benchmarks - Lifelong Learning

(1) To satisfy the requirements of traffic education content standard 7, a student must advocate for personal and public approaches to lifelong learning of the driving task.

(2) The benchmarks for traffic education content standard 7 for a student upon completion are the ability to:

(a) identify and use a range of learning strategies required to acquire or retain knowledge, positive driving habits, and driving skills for lifelong learning;

(b) establish learning goals that are based on an understanding of one's own current and future learning needs; and

(c) demonstrate knowledge and ability to make informed decisions required for positive driving habits, effective performance, and adaptation to change.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Mont. Admin. R. 10.13.409 Traffic Education Content Standard 8 and Benchmarks - Driving Experience

(1) To satisfy the requirements of traffic education content standard 8, a student must acquire behind-the-wheel driving experience under the supervision of a Montana-approved driver education teacher. Under Montana Graduated Driver License regulations (61-5-132, MCA), students are required to obtain additional driving experience under the supervision, from the front passenger seat of the motor vehicle, of a parent, other legal guardian, or some other adult with permission of the parent or other legal guardian, with a valid driver's license.

(2) The benchmarks for traffic education content standard 8 for a student upon completion are the ability to:

(a) acquire at least the minimum number of behind-the-wheel hours over at least the minimum number of days, as required by law, with a Montana-approved driver education teacher; and

(b) acquire additional behind-the-wheel driving experience with their parent, other legal guardian, or some other authorized adult's assistance in a variety of driving situations (i.e., night, adverse weather, gravel road, etc.).

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12; AMD, 2017 MAR p. 1650, Eff. 9/23/17.

Mont. Admin. R. 10.13.410 Traffic Education Performance Standards

(1) Traffic education performance standards describe students' knowledge, skills, and abilities in the driver education content area. These descriptions provide a picture or profile of student achievement at the four performance levels: competent, proficient, nearing proficiency, and novice. These standards are not exhaustive indications of performance, but demonstrate a range of skill and knowledge relative to the established standards and identified benchmarks.

(2) A driver at the competent level:

(a) exhibits strong knowledge and driving skills related to safely navigating roadways and interacting with other roadway users;

(b) shows consistent performance, driving behavior that is largely automatic, and exhibits driving behaviors safely and correctly in many different kinds of driving situations;

(c) knows and adheres to the laws governing driving in Montana as demonstrated by habitually and consistently following the laws while driving;

(d) knows and adheres to the highway transportation system as demonstrated by habitually driving consistent with the system;

(e) always responsibly, properly, and smoothly operates a vehicle;

(f) consistently researches ideas and opportunities to increase personal knowledge of the vehicle, the highway transportation system, and the driving task;

(g) habitually knows and responsibly applies defensive driving principles;

(h) has acquired behind-the-wheel driving experience in various environments and road conditions for a period of time that exceeds the state minimum standards and graduated driver license requirements; and

(i) resists peer pressure, which may negatively influence good, responsible driving behavior.

(3) A driver at the proficient level:

(a) exhibits solid academic and driving skill performance for each benchmark;

(b) has demonstrated competency over challenging subject matter, including subject-matter knowledge, application of such knowledge to real-world situations, and analytical skills appropriate to safe driving;

(c) shows more consistent performance, but still uses conscious effort to demonstrate responsible and safe driving behavior;

(d) demonstrates and consistently applies laws pertaining to driving;

(e) consistently uses risk-managing driving principles;

(f) demonstrates mastery of safe and responsible driving habits and attitudes;

(g) performs satisfactorily in obtaining the minimum number of behind-the-wheel hours with an approved driver education teacher;

(h) consistently interacts appropriately with other operators and traffic in various driving situations;

(i) demonstrates basic skills needed to interact safely with the highway transportation system;

(j) demonstrates appropriate visual skills needed to safely operate a motor vehicle;

(k) demonstrates habits and attitudes necessary to communicate and interact with the highway transportation system utilizing effective, safe practices; and

(l) understands the laws that pertain to owning and operating a motor vehicle.

(4) A driver at the nearing proficiency level:

(a) exhibits partial mastery or prerequisite knowledge and driving skills fundamental for proficient work at each benchmark;

(b) demonstrates partial mastery of the knowledge and skills fundamental for responsible and safe driving;

(d) understands that the laws of Montana, counties, and cities can differ;

(e) demonstrates a limited ability to use risk-managing driving principles;

(f) shows limited knowledge of motor vehicle laws while driving a motor vehicle;

(g) most of the time shows proficiency of safe and responsible driving techniques and attitudes;

(h) performs in a limited manner after obtaining the minimum number of behind-the-wheel hours with an approved driver education teacher;

(i) with assistance, can use basic skills needed to interact safely with the highway transportation system; and

(j) with assistance, demonstrates the visual skills needed to operate a motor vehicle.

(5) A driver at the novice level:

(a) is beginning to attain the prerequisite knowledge and driving skills that are fundamental for work at each benchmark;

(b) is just beginning to acquire the knowledge and skill needed for safe and responsible driving;

(d) struggles with traffic in various driving situations, even with assistance;

(e) is rarely able to use the risk-managing driving skills;

(f) has difficulty interacting with others in a safe, courteous manner;

(g) demonstrates limited understanding of the highway transportation system;

(h) rarely demonstrates the visual skills needed to operate a motor vehicle;

(i) shows little understanding of the local and state laws of Montana;

(j) with assistance, has begun to drive in rural, urban, and residential environments;

(k) has begun to learn signs, signals, and pavement markings;

(l) has difficulty in comprehending and applying vehicle laws while driving a motor vehicle within a supervised environment;

(m) demonstrates a limited proficiency of safe and responsible driving techniques and attitudes; and

(n) performs at a beginning level after obtaining the minimum number of behind-the-wheel hours with an approved driver education teacher.

History

Authorizing statute(s): 20-7-502, MCA
Implementing statute(s): 20-7-502, MCA
History: NEW, 2012 MAR p. 76, Eff. 1/13/12.

Chapter 10.15 Definitions

Subchapter 10.15.1 School Funding Definitions

Mont. Admin. R. 10.15.101 Definitions

The following definitions apply to ARM Title 10, chapters 16, 20, 21, 22, and 23:

(1) "Absent" means the student is not present during organized public school instruction for which he is enrolled. An enrolled student who is receiving services at an offsite instructional setting on the official enrollment count date is not absent for purposes of the official counts submitted to the Superintendent of Public Instruction unless the student does not attend his next scheduled organized public school instruction session, if any.

(2) "Attachment" means the combining of functions of a public elementary and a public high school district with the same boundaries or moving the territory of an elementary abandoned district to an adjacent district in the county.

(3) "Average daily attendance" or "ADA" is the average number of students present on the dates used to report fall and spring disaggregated enrollment and attendance data. The total number of students present in grades 1-12 and kindergarten students enrolled and present in a full-time kindergarten program, as reported on the fall and spring disaggregated enrollment and attendance data reports, will be added together and divided by two to determine the average daily attendance for that school year. The number of students enrolled and present in prekindergarten and kindergarten students enrolled and present in a half-time kindergarten program, as reported on those data collections, will be added together and divided by four to determine average daily attendance for that school year.

(4) "Average number belonging" or "ANB" means a student count for each school district that is used for school funding purposes. The count is performed according to ARM 10.20.102, et seq.

(5) "BASE" means the acronym for base amount for school equity.

(6) "BASE aid" means direct state aid plus guaranteed tax base aid where applicable.

(7) "BASE budget" means the minimum general fund budget a district is allowed to adopt. It is the sum of: 80% of the district's basic and per-ANB entitlements; 100% of the quality educator payment; 100% of the at-risk student payment; 100% of the Indian education for all payment; 100% of the American Indian achievement gap payment; 100% of the data-for-achievement payment; 140% of the district's special education allowable cost payment; and 40% of the district's related services block grant payment to cooperatives.

(8) "BASE budget levy" means the mills levied to fund a district's BASE budget amount.

(9) "Basic entitlement" means the minimum dollar amount as defined in 20-9-306, MCA, that each high school, elementary, accredited middle school or 7-8 grade program, or K-12 district will receive if in operation.

(10) "Budgeted ANB" means the ANB used on the final general fund budget for a district. Depending on calculations performed under 20-9-311, MCA, the budgeted ANB will either be the current ANB or the three-year average ANB.

(11) "Budget unit" means the unit for which the ANB of a district is aggregated for all enrolled students according to 20-9-311, MCA.

(12) "Certified countywide elementary ANB" or "certified countywide high school ANB" means the number certified by OPI using the previous fiscal year countywide enrollment count. Joint districts prorate ANB to the located and nonlocated counties based on a percentage of spring enrollment from each county. Certified countywide ANB is used to calculate mill values per ANB.

(13) "Certified statewide elementary ANB" or "certified statewide high school ANB" means the number certified by using the previous fiscal year statewide enrollment count.

(14) "County mill value" means a county's taxable valuation divided by 1,000. It is a measure of how much property tax revenue can be raised in the ensuing fiscal year by levying one countywide mill.

(15) "County mill value per countywide elementary ANB" or "county mill value per countywide high school ANB" means the county mill value divided by the certified countywide elementary or high school ANB. It is a measure of how much property tax revenue per student is raised by levying one countywide mill.

(16) "Current ANB" means the ANB calculated using the enrollment of the school year preceding the year for which the ANB applies for funding. That is, the current ANB for FY 20XX+1 is the ANB calculated using the official enrollment counts taken during FY 20XX.

(17) "Current fiscal year" or "current FY" means the period between July 1 and June 30 during which calculations for the ensuing fiscal year are made. For purposes of these rules the current fiscal year is referred to as FY 20XX, the ensuing fiscal year is referred to as FY 20XX+1 and the prior fiscal year or prior calendar year is referred to as FY 20XX-1 or CY 20XX-1.

(18) "Date of official enrollment count" for purposes of determining the enrollment used for calculating ANB means the first Monday in October or the first Monday in February, or the next school day if those dates do not fall on a school day.

(19) "Debt service fund" means the budgeted fund authorized by 20-9-437, MCA, to pay interest and principal on outstanding bonds and special improvement district assessments.

(20) "Direct state aid" means state equalization aid paid to each district. The amount paid is equal to the percentage of the district's basic entitlements and per-ANB entitlements.

(21) "District guaranteed tax base (GTB) ratio" means the measure for determining if a district is eligible for general fund GTBA from the state to help fund the district's BASE budget. The ratio compares the district's tax base to the portion of its general fund BASE budget that must be funded with local revenue. As defined in 20-9-366, MCA, for the FY 20XX+1 general fund budget the GTB ratio is the district's CY 20XX-1 taxable valuation divided by the GTBA budget area.

(22) "District mill value" means the district's taxable valuation divided by 1,000. It is a measure of how much property tax revenue can be raised in the ensuing fiscal year by levying one district-wide mill.

(23) "District mill value per district ANB" for FY 20XX+1 means the district's CY 20XX-1 mill value divided by the district's 20XX budgeted ANB.

(24) "DOR" means the Department of Revenue.

(25) "Eligible voters" are the voters who are eligible to vote in elections pursuant to the provisions of 20-20-301, MCA.

(26) "Enrolled student" means:

(a) a high school student assigned to receive organized instruction in an education program described in ARM 10.55.904 that is offered by a public school and can be applied towards the graduation requirements of ARM 10.55.905;

(b) a high school student who is a resident of the district and is receiving educational or vocational services in a Montana job corps program or the Montana Youth Challenge program under an interlocal agreement with the district as provided in 20-9-707, MCA;

(c) an elementary student assigned to receive organized instruction in an education program described in ARM 10.55.901 and 10.55.902; or

(d) an elementary or high school student in a course of instruction agreed to in an individualized education program (IEP).

(27) "Ensuing fiscal year" or "ensuing FY" means the fiscal year for which a calculation is being made. Calculations for the ensuing fiscal year are made during the current fiscal year. For purposes of these rules the ensuing fiscal year is referred to as FY 20XX+1.

(28) "Equalized" refers to a district that has adopted a general fund budget at least equal to the BASE budget as defined in 20-9-306, MCA, but not greater than the maximum general fund budget as defined in 20-9-306, MCA.

(29) "Facility guaranteed mill value per ANB" means the CY 20XX-1 statewide mill value multiplied by 1.40, then divided by the statewide FY 20XX high school or elementary budgeted ANB.

(30) "Full-time kindergarten" or "FTK" means a kindergarten program offered in accordance with 20-7-117, MCA for the minimum aggregate hours defined in 20-1-301, MCA.

(31) "General fund" means the budgeted fund used to account for the financing of a district's operation and maintenance costs not accounted for in another fund. The general fund is the primary budgeting fund of a district.

(32) "Guaranteed tax base aid" or "GTBA" means the state subsidy paid on mills levied by taxing authorities with tax bases less than the statewide averages. GTBA is paid to school districts with a GTB ratio less than the statewide GTB ratio on mills levied to support the general fund. GTBA is also paid to counties with a county mill value less than the statewide mill value on mills levied to support the county retirement fund. GTBA calculations are also used to determine the school facility reimbursement.

(33) "GTBA budget area" means the portion of a district's general fund BASE budget minus direct state aid, minus state special education allowable cost payments, minus the quality educator payment, minus the Indian education for all payment, minus the at-risk student payment, minus the American Indian achievement gap payment, and minus the data-for-achievement payment. For districts with lower than average tax bases, GTBA is paid to subsidize mills levied to fund the GTBA budget area.

(34) "Half-time kindergarten" means a kindergarten program established in accordance with 20-7-117, MCA for the minimum aggregate hours defined in 20-1-301, MCA.

(35) "Homebound students" means those students who are receiving instructional services who were in the education program and due to medical reasons, certified by a medical doctor, are unable to be present for pupil-instruction.

(36) "Inactive elementary district" means the elementary district that has combined with a high school district having the same boundaries for purposes of program, budgeting, and reporting, but retains its legal structure for taxing and specific revenue purposes.

(37) "K-12 school district" means a high school district which has an elementary district attached through the provisions of 20-6-101, MCA, and provides educational services for both elementary and high school programs.

(38) "Maximum general fund budget" or "maximum GFB" means the maximum general fund budget a district is allowed to adopt. It is the sum of: 100% of the district's basic and per-ANB entitlements; 100% of the quality educator payment; 100% of the at-risk student payment; 100% of the Indian education for all payment; 100% of the American Indian achievement gap payment; 100% of the data-for-achievement payment; up to 200% of the district's special education allowable cost payment; and up to 100% of the district's related services block grant payment to cooperatives.

(39) "Nonlevy revenue" means the tax and fee revenue available to a district from sources other than property taxes based on levied mills. Nonlevy revenue includes oil and natural gas production taxes, coal gross proceeds taxes, personal property tax reimbursements, tuition, investment earnings and any other revenue received during the school fiscal year that may be used to finance the general fund, excluding any guaranteed tax base aid.

(40) "OPI" means the Office of Public Instruction.

(41) "Over-BASE budget" refers to the adopted general fund budget amount that is in excess of the "BASE budget".

(42) "Per-ANB entitlement" means the dollar amount defined in 20-9-306, MCA, as the general fund budget authority a district acquires per ANB.

(43) "Present" means the student is in attendance for the assigned organized public school program of instruction in which the student is enrolled or is receiving educational services at an off site instructional setting approved by the district.

(44) "Pupil-instruction (PI) days" are those days when school districts provide organized instruction for pupils enrolled in public schools while under the supervision of a teacher.

(45) "Pupil-instruction-related (PIR) days" are those days of teacher activities, approved by the Superintendent of Public Instruction for the school year preceding the year to be funded, which are devoted to improving the quality of instruction. For calculation of ANB the PIR days may not exceed seven.

(46) "Pupil instruction time" includes time spent in organized instruction, structured recess periods for which there has been an identifiable effort to provide guidance and structure and which are directly or indirectly under the supervision of a certified teacher, and passing time between classes.

(47) "Regularly enrolled full-time pupil" means a pupil who meets the definition of "enrolled student", is participating in organized instruction offered by the district, and is included in average student count adjusted for part-time and full-time students, represented in the ANB of a school district.

(48) "Related services block grant payment to cooperatives" means the district's share of the related services block grant payment paid directly to the cooperative in which the district participates. The payment to the cooperative is used by participating districts for budgeting purposes only. When used in ARM Title 10, the term "special education allowable cost payment" does not include the related services block grant payment to cooperatives.

(49) "Retirement fund" means the district fund authorized by 20-9-501, MCA, for financing the employer's contribution to the teachers' retirement systems, the public employees retirement system, unemployment compensation, social security, and Medicare.

(50) "Retirement mill levy" means the mills levied under 20-9-501, MCA, to support a county's elementary or high school retirement fund.

(51) "School block grant" means the block grants paid by the state to a school district's budgeted funds as provided in 20-9-630, MCA.

(52) "School facility reimbursement" means the amount distributed to each school district for the state share of the district's school facility entitlement as defined in 20-9-370, MCA.

(53) "State technology aid" means the amount distributed to schools in accordance with 20-9-343, MCA.

(54) "Special education allowable cost payment" means the amount of the state special education appropriation distributed to a district for its special education program. It includes the district's instructional block grant payment, the related service block grant payment if the district is not a member of a cooperative, and the district's reimbursement for excess disproportionate costs under 20-9-321, MCA. When used in ARM Title 10, the term "special education allowable cost payment" does not include the related services block grant payment if a district is a member of a cooperative.

(55) "State reimbursement for school facilities" means the amount appropriated by the Legislature for school facility reimbursements.

(56) "Statewide elementary GTB ratio" or "statewide high school GTB ratio" for GTBA funding of eligible districts' FY 20XX+1 BASE budgets means the ratio of 193% of the CY 20XX-1 statewide taxable valuation to the statewide elementary or high school total of FY 20XX GTBA budget area.

(57) "Statewide mill value" for calculating the FY 20XX+1 GTBA entitlement means the CY 20XX-1 state taxable valuation divided by 1,000.

(58) "Statewide retirement GTB mill value per elementary ANB" or "statewide retirement GTB mill value per high school ANB" means the CY 20XX-1 statewide mill value multiplied by 1.21, then divided by the statewide FY 20XX high school or elementary budgeted ANB.

(59) "Superintendent" means the Superintendent of Public Instruction.

(60) "Taxable value" means the value of all the taxable property within the boundaries of a district, county or the state as reported to the DOR. Taxable value is based on information delivered to the county Clerk and Recorder as required in 15-10-305, MCA, for the prior calendar year.

(61) "Three-year average ANB" means the average of current ANB for a three-year period, as calculated under 20-9-311, MCA. Three-year ANB for FY 20XX is based on the average of current ANB for FY 20XX, FY20XX-1, and FY 20XX-2, rounded up to the nearest whole ANB.

(62) "Total per-ANB entitlement" is defined as specified in 20-9-306(14), MCA.

(63) "Total school facility entitlement" is the district's total entitlement based on the per-ANB amounts defined in 20-9-370(1), MCA. For the purpose of calculating a district's total school facility entitlement, the rate set in 20-9-370(1)(c), MCA, applies only to 7th and 8th grade ANB in middle school, grades 7 and 8, and junior high programs approved and accredited by the Board of Public Education.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): Title 20, ch. 9, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Chapter 10.16 Special Education

Subchapter 10.16.30 Definitions

Mont. Admin. R. 10.16.3007 Eligible Students Under the Individuals with Disabilities Education Act

(1) To be eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA), a student must meet the criteria for one or more of the disability categories listed in ARM 10.16.3010 through 10.16.3022.

(2) The disability must adversely affect the student's educational performance such that the student needs special education as defined in 34 CFR 300.39.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3008 Adversely Affect the Student's Educational Performance

(1) "Adversely affect the student's educational performance" means that there is evidence that measures of student performance (e.g., achievement tests, grades, behavioral or developmental assessments, classroom based assessment, observations, progress monitoring, or criterion-referenced tests, etc.) indicate a pattern of educational, developmental, or functional attainment or achievement below the student's age or grade level based on state approved K-12 content standards that can wholly or in part be attributed to the disabling condition.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3010 Criteria for Identification of a Child Aged Three Through Eight Having a Developmental Delay

(1) A student may be identified as having a developmental delay if the student is:

(a) at least three and not yet nine years old; and

(b) functions at a developmental level two or more standard deviations below the norm in any one area of development or 1.5 standard deviations below the norm in two or more of the following areas:

(i) cognitive development;

(ii) physical development;

(iii) communication development;

(iv) social and emotional development; or

(v) adaptive functioning skills.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2005 MAR p. 2056, Eff. 10/28/05; AMD, 2019 MAR p. 1371, Eff. 8/24/19.

Mont. Admin. R. 10.16.3011 Criteria for Identification of Student as Having Autism

(1) The student may be identified as having autism if the results of a comprehensive evaluation document significant difficulties in social communication; social interaction; and in restricted and repetitive behaviors and interests. A student must have at least one characteristic in each of these three areas and a total of eight or more characteristics to be identified as a student with autism.

(2) The characteristics below are those which most frequently occur with the student but may not occur in every situation.

(a) Significant difficulties in social communication must be documented for at least one of the following characteristics:

(i) initiating or maintaining eye contact while interacting with others;

(ii) use of facial expressions to communicate with others;

(iii) identifying and/or understanding the communicative intent of another person's facial expressions;

(iv) using gestures to direct attention to an object (for example, showing, bringing, or pointing out objects of interest);

(v) using gestures for communication;

(vi) responding to or interpreting other's use of gestures;

(vii) noticing or interpreting other's use of body language;

(viii) use of own body language for communication;

(ix) expressive verbal or alternative communication;

(x) receptive verbal communication or;

(xi) interpretation of other’s verbal communication (often concrete and literal; for example: does not understand idioms or sarcasm).

(b) Significant difficulties in social interaction must be documented for at least one of the following characteristics:

(i) seeking to share enjoyment, interests, or achievements with others;

(ii) initiating social interaction unless seeking preferred items or help;

(iii) responding to social interactions initiated by others;

(iv) initiating a conversation on non-preferred topics;

(v) sustaining a conversation on non-preferred topics;

(vi) explaining another person's perspective. (for example, what other people are thinking or feeling);

(vii) joining play activities of others (solitary play preferred);

(viii) play lacks elements of make-believe (for example, using blocks or other objects as food, a car, a phone or an animal);

(ix) participating in make-believe play with others;

(x) engaging in social imitative play (for example, playacting, fantasy characters, animals, pretending adult role).

(c) Significant difficulties resulting from restricted and repetitive behaviors and interests must be documented for at least one of the following characteristics:

(i) makes repeated vocalizations or verbalizations (for example, repeats same word, phrase, or sound);

(ii) persistent preoccupation with specific objects or parts of objects;

(iii) engages in repeated, repetitive movements with objects such as sticks or string, lining up toys, flipping objects, spinning objects;

(iv) preoccupation with particular interests causes difficulties in social interaction and/or academic performance;

(v) resists when asked to discontinue preferred or special interest activity;

(vi) prefers consistency and resists expected and/or unexpected changes (for example: changing activities, leaving activity unfinished, changes in routine or daily schedule); or

(vii) engages in repetitive physical behaviors such as body rocking, spinning self, finger flicking, and/or hand flapping.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2019 MAR p. 1371, Eff. 8/24/19.

Mont. Admin. R. 10.16.3012 Criteria for Identification of Student as Having Cognitive Delay

(1) The student may be identified as having cognitive delay if the student has a significantly subaverage general intellectual functioning and corresponding deficits in adaptive behavior and educational performance, especially in the area of application of basic academic skills in daily life activities.

(2) "General intellectual functioning" means performance on a standardized intelligence test that measures general cognitive ability rather than one limited facet of ability.

(a) "Significantly subaverage general intellectual functioning" is defined as two or more standard deviations below the population mean on a standardized intelligence test. Error in test measurement requires clinical judgment for students who score near two standard deviations below the mean.

(b) The presence of subaverage general intellectual functioning must occur during the developmental period defined as the period of time between conception and the 18th birthday.

(3) Deficits in adaptive behavior is defined as significant limitations in the student's effectiveness in meeting the standards of personal independence, interpersonal communication, and social responsibility expected for the student's age/grade peers and cultural group as measured by standardized instruments or professionally recognized scales.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3013 Criteria for Identification of Student as Having Deaf-Blindness

(1) The student may be identified as having deaf-blindness if documentation supports that the student:

(a) meets the criteria in ARM 10.16.3022 for visual impairment;

(b) meets the criteria in ARM 10.16.3020 for speech-language impairment;

(d) is experiencing severe delays in communication and other developmental and educational skills such that services designed solely for students with deafness or for students with blindness would not meet the student's educational needs.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3014 Criteria for Identification of Student as Having Deafness

(1) The student may be identified as having deafness if an audiological report documents that hearing loss is so severe that the student is impaired in processing linguistic information, with or without amplification, to the extent that prevents the auditory channel from being the primary mode of learning speech and language.

(2) The student's educational performance is adversely affected as documented by specific examples. The results and analysis of a current assessment of language development as measured by standardized tests or professionally recognized scales appropriate to age level and administered individually is required to show an impairment in processing linguistic information prior to identification.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3015 Criteria for Identification of Student as Having Emotional Disturbance

(1) The student may be identified as having emotional disturbance if a condition which includes one or more of the following characteristics is present:

(a) an inability to build or maintain satisfactory relationships with peers and teachers;

(b) inappropriate types of behavior or feelings under normal circumstances including behaviors which are psychotic or bizarre in nature or behaviors which are atypical and for which no observable reason exists;

(c) a general, pervasive mood of unhappiness or depression including major depression and dysthymia but excluding normal grief reactions;

(d) a tendency to develop physical symptoms or fears associated with personal or school problems including separation anxiety, avoidant disorder and overanxious disorder;

(e) schizophrenia.

(2) For each of the conditions in (1) , the condition shall meet the criteria of having been present to a marked degree, over a long period of time and adversely affecting the student's educational performance.

(3) The student may be identified as having emotional disturbance when:

(a) the student has been observed in more than one setting within the educational environment; and

(b) the local educational agency has planned and implemented one or more positive behavioral interventions specific to the individual student. Interventions shall not unnecessarily delay appropriate identification when it can be shown through a student's social or developmental history, compiled directly from the student's parents or from records when the parents are not available, the existence of characteristics that clearly identify emotional disturbance.

(4) The student may not be identified as having emotional disturbance if delays in educational performance are primarily due to visual impairment, hearing impairment, orthopedic impairment, cognitive delay, health factors, or limited educational opportunity.

(5) Common disciplinary problems may exist in conjunction with emotional disturbance, but cannot be used as the sole criteria for determining the existence of an emotional disturbance.

(6) The term emotional disturbance does not apply to students who are socially maladjusted, unless it is determined that they meet the criteria herein for emotional disturbance.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3016 Criteria for Identification of Student as Having Hearing Impairment

(1) The student may be identified as having a hearing impairment if an audiological report documents that the student has a permanent hearing loss in excess of 20 dB better ear average in the speech range (500, 1,000, 2,000 Hz), unaided, or has a history of fluctuating hearing loss which has interrupted the normal acquisition of speech and language and continues to adversely affect educational performance.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3017 Criteria for Identification of Student as Having Orthopedic Impairment

(1) The student may be identified as having orthopedic impairment if:

(a) the student is diagnosed by a qualified medical practitioner as having an orthopedic impairment;

(b) the impairment is severe; and

(2) The term orthopedic impairment includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3018 Criteria for Identification of Student as Having Other Health Impairment

(1) The student may be identified as having other health impairment if:

(a) the student has limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, or Tourette syndrome; and

(b) the condition adversely affects the student's educational performance.

(2) A medical diagnosis of a chronic or acute health problem is required.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3019 Criteria for Identification of Student as Having Specific Learning Disability

(1) The student may be identified as having a specific learning disability if, when provided learning experiences appropriate to the student's age or grade-level based on state approved K-12 content standards:

(a) The student does not make sufficient progress to meet age or grade level based on state approved K-12 content standards in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving.

(b) Consistent with district procedures, evaluation teams shall use either response to scientific, research based intervention under ARM 10.16.3019A or severe discrepancy under ARM 10.16.3019B when determining whether the student is not making sufficient progress toward age or grade level based on state approved K-12 content standards.

(c) The student may not be identified as having a specific learning disability if the student's significantly low rate of progress in meeting age or grade level based on state approved K-12 content standards is primarily the result of a visual, hearing, or motor impairment; cognitive delay; emotional disturbance; environmental or economic disadvantage; cultural factors; or a lack of appropriate instruction.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3019A RESPONSE TO SCIENTIFIC, RESEARCH BASED INTERVENTION IN LEARNING DISABILITY IDENTIFICATION

10.16.3019A RESPONSE TO SCIENTIFIC, RESEARCH BASED INTERVENTION IN LEARNING DISABILITY IDENTIFICATION

(1) A student may be determined to have a specific learning disability based on an insufficient response to scientific, research based interventions resulting in a low level of academic achievement. Insufficient response to interventions occurs when, despite the implementation of the interventions over a sustained period of time, the student is not achieving adequately based on the student's age or grade level based on state approved K-12 content standards.

(a) Scientific, research based interventions are:

(i) matched to the specific needs of the student as identified through systematic, data-based processes for examining the presenting problem, including parental input, to identify instructional interventions that have a high likelihood of success;

(ii) focused on changing the instructional strategies or techniques used with the student; and

(iii) regularly monitored for student progress and correct implementation via regular and frequent data collection, and analysis and modification of interventions as necessary based on data analysis.

(b) In determining the response to scientific, research based interventions, the evaluation team must consider data regarding how appropriately the intervention was delivered by qualified personnel, as well as, data comparing the student's rate of learning and current levels of performance with the student's initial levels of performance.

(2) A student may be determined to have a specific learning disability if the student is making sufficient response to scientific, research based interventions and the level of intervention necessary to sustain the response can only be provided through special education services.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3019B SEVERE DISCREPANCY IN LEARNING DISABILITY IDENTIFICATION

10.16.3019B SEVERE DISCREPANCY IN LEARNING DISABILITY IDENTIFICATION

(1) A student may be determined to have a specific learning disability based on a severe discrepancy between the student's intellectual ability and achievement in one or more of the areas listed in ARM 10.16.3019.

(a) A severe discrepancy is defined as a 50 percent or higher probability of a two standard deviation discrepancy between general cognitive ability and achievement in one or more of the areas identified in ARM 10.16.3019 when adjusted for regression to the population mean.

(b) Error in test measurement requires judgment for students who score near two standard deviations below the population mean. When exercising this judgment, consideration of additional information, such as classroom performance relative to the student's performance on norm referenced tests, shall be used as the basis for determining the severe discrepancy.

(c) Alternatives to norm referenced tests, such as curriculum-based assessments, shall be utilized to determine severe discrepancy whenever cultural factors, test conditions, size of test item sampling for the student's age, or other factors render standardized assessment results invalid. When utilizing alternative assessment procedures, a determination must still be made that a discrepancy between ability and achievement exists at a level of severity similar in size to the discrepancy that would have otherwise been found in (1)(a).

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3019C DOCUMENTATION REQUIREMENTS IN LEARNING DISABILITY IDENTIFICATION

10.16.3019C DOCUMENTATION REQUIREMENTS IN LEARNING DISABILITY IDENTIFICATION

(1) Evaluation teams shall document evaluation team findings under ARM 10.16.3019A or 10.16.3019B and:

(a) the student's academic performance in the regular classroom setting through observation.

(i) Requirements for documentation of observation may be met by observation of routine classroom instruction and monitoring of the student's performance that was done before the child was referred for an evaluation or have at least one member of the group described in 34 CFR 300.306(a)(1) conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with 34 CFR 300.300(a), is obtained.

(ii) In the case of a student of less than school age or out of school, a team member shall observe the student in an environment appropriate for a student of that age.

(b) educationally relevant medical findings, if any, that have been considered; and

(c) two or more interventions specific to the individual student. Interventions shall not unnecessarily delay appropriate identification.

(2) If the student has been evaluated under ARM 10.16.3019A, documentation must also include:

(a) the scientific, research based interventions and instructional strategies used; and

(b) the student centered data collected during the implementation of at least two intensive individualized interventions which have been implemented for a sustained period of time.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3020 Criteria for Identification of Student as Having Speech-Language Impairment

(1) The student may be identified as having a speech-language impairment if the student has a significant deviation in speech such as fluency, articulation or voice, or in the ability to decode or encode oral language which involves phonology, morphology, semantics or pragmatics or a combination thereof.

(a) The student has a significant deviation in oral performance if the student's performance on standardized test is two standard deviations below the population mean, or between 1.5 and two standard deviations below the population mean, and there is documented evidence over a six month period prior to the current evaluation of no improvement in the speech-language performance of the student even with regular classroom interventions.

(b) For articulation, a significant deviation is consistent articulation errors persisting one year beyond the highest age when 90 percent of the students have acquired the sounds based upon specific developmental norms.

(c) If norm referenced procedures are not used, alternative assessment procedures shall substantiate a significant deviation from the norm.

(2) The student may be identified as having a speech-language impairment only when documentation of the student's interpersonal communication effectiveness in a variety of educational settings by the teacher, parent, speech-language pathologist, and others as appropriate supports the adverse educational effect of the speech-language impairment or oral communication in a classroom or school setting.

(3) The student may not be identified as having a speech-language impairment if the speech or language problems primarily result from environmental or cultural factors.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3021 Criteria for Identification of Student as Having Traumatic Brain Injury

(1) The student may be identified as having traumatic brain injury if the student has an acquired injury to the brain caused by external physical force which adversely affects the student's functional or psychosocial ability or both and the student's ability to learn or participate in the local educational agency's education program.

(2) The term traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psycho-social behavior; physical function; information processing; and speech.

(3) The student may not be identified as having a traumatic brain injury if the injury to the brain is congenital, degenerative, or caused by birth trauma.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-414, MCA
History: NEW, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3022 Criteria for Identification of Student as Having Visual Impairment

(1) The student may be identified as having a visual impairment if the student has:

(a) an impairment in vision that, even with correction, adversely affects the student's educational performance; or

(b) a medically indicated expectation of visual deterioration that would qualify the child as having a visual impairment as described in (1)(a).

(2) The term "visual impairment" includes both partial sight and blindness.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-401, 20-7-403, 20-7-471, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2019 MAR p. 1371, Eff. 8/24/19.

Subchapter 10.16.31 State and Local Eligibility

Mont. Admin. R. 10.16.3121 Superintendent of Public Instruction's Responsibility for Free Appropriate Public Education (fape)

(1) The Superintendent of Public Instruction shall ensure that all students with disabilities, ages 3 through 18 inclusive, including students with disabilities who have been suspended or expelled from school, are provided a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA) (20 USC, sections 1401 through 1485) and its implementing regulations (34 CFR, part 300), the Montana statutes pertaining to special education (Title 20, chapter 7, part 4, MCA), and the administrative rules promulgated by the Superintendent of Public Instruction governing special education (ARM Title 10, chapter 16).

(2) The Superintendent of Public Instruction shall ensure that when local educational agencies provide education to students ages 19, 20, or 21, students of the same age with disabilities are provided FAPE in accordance with IDEA.

(3) The Superintendent of Public Instruction shall ensure that all students with disabilities referred to or placed in private schools by a public agency receive the rights and protections under IDEA.

(4) If a local educational agency fails to provide FAPE for a student with disabilities in accordance with IDEA, the Superintendent of Public Instruction shall take immediate steps to ensure FAPE is made available to the student with disabilities.

(a) The Superintendent of Public Instruction may initiate one or more of the following options to ensure that FAPE is made available for the student with disabilities:

(i) provide FAPE directly;

(ii) contract for services to provide FAPE;

(iii) provide an out-of-district placement in accordance with least restrictive environment regulations of IDEA;

(iv) recommend to the Board of Public Education withholding of state education funds;

(v) deny in whole or part IDEA-B federal funds; or

(vi) recommend to the Board of Public Education a change in accreditation status.

(b) Any costs incurred by the Superintendent of Public Instruction to provide FAPE to a student with disabilities due to failure of the local educational agency to provide FAPE, may be recovered from the local educational agency through a reduction in state education funds upon recommendation of the Superintendent of Public Instruction and hearing before the Board of Public Education.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3122 Local Educational Agency Responsibility for Students with Disabilities

(1) The local educational agency in which a student with disabilities resides is responsible for ensuring the student with disabilities, age 3 through 18, beginning on the student's third birthday, including students with disabilities who have been suspended or expelled from school, has available a free appropriate public education in accordance with the Individuals with Disabilities Education Act (IDEA) (20 USC, sections 1401 through 1419) and its implementing regulations (34 CFR, part 300), the Montana statutes pertaining to special education (Title 20, chapter 7, part 4, MCA) and the administrative rules promulgated by the Superintendent of Public Instruction governing special education (ARM Title 10, chapter 16) unless the parent has refused initial consent for services or has revoked such consent. If the student's third birthday occurs in the summer, the individualized education program (IEP) team shall decide whether the student is to receive extended school year services during the summer. The local educational agency shall participate in transition planning conferences arranged by the early intervention provider agency.

(2) For the purposes of this rule, "resides" means a student's residence as defined in 1-1-215, MCA.

(3) When the local educational agency provides education to students ages 19, 20, or 21, students of the same age with disabilities will be provided a free appropriate public education in accordance with IDEA.

(4) The local educational agency shall implement procedures for students with disabilities in private elementary and secondary schools and consistent with the requirements of 34 CFR 130 through 148 and state administrative rules.

(5) The local educational agency may not require parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202c of the Controlled Substances Act (21 USC 812c) for a child as a condition to attending school, receiving an evaluation under 34 CFR 300.300 through 300.311, or receiving special education and related services in accordance with the requirements of the Individuals with Disabilities Education Act.

(6) The local educational agency must conduct routine checking of hearing aids in accordance with the requirements of 34 CFR 300.113.

(7) The local educational agency must take all reasonable steps to provide instructional materials in accessible formats to students with disabilities who need those instructional materials at the same time as other children receive instructional materials.

(8) Local educational agencies must take measurable steps to recruit, hire, train, and retain qualified personnel, including individuals with disabilities, to provide special education and related services to students with disabilities.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3125 Local Educational Agency Child Find Responsibilities

(1) Each local educational agency shall establish procedures consistent with the requirements under the Individuals with Disabilities Education Act and state administrative rules to ensure that all students with disabilities living within the boundaries of the local educational agency regardless of the severity of their disability are identified, located, and evaluated including a practical method to determine which students are currently receiving needed special education and related services.

(a) The procedures shall include a method to screen and develop criteria for further assessment for children between the ages of birth to 21 including all children in public and private agencies, and children who are highly mobile, migrant, homeless, or wards of the state.

(b) At a minimum, the procedures must:

(i) name the title of the person responsible for the coordination, implementation, and documentation of the child find procedures;

(ii) describe student identification activities including audiological, health, speech/language, and visual screening, and review of data or records for students who have been or are being considered for retention, delayed admittance, long term suspension or expulsion, waiver of learner outcomes (accreditation standards), regular education intervention and progress monitoring procedures and procedures for identification of children who are suspected of being a child with a disability even though they are advancing from grade to grade;

(iii) describe the role and responsibilities, if any, of other public or private agencies;

(iv) identify the procedures of the local education agency for identification of a student as having a specific learning disability. If a local educational agency adopts procedures to use a response to scientific, research based intervention in learning disability identification, it must identify the subject areas (language arts, math, reading), grades, and schools for which such procedures apply; and

(v) ensure the collection and use of data are in accordance with the confidentiality requirements of 34 CFR 300.611 through 300.627.

(2) The local educational agency must provide parents with public notice of its child find procedures and the procedures it implements to ensure protection of the confidentiality of any personally identifiable information collected, used, or maintained under Part B of IDEA. Confidentiality must comply with the requirements of 34 CFR 300.610 through 300.627.

(3) If the student is parentally enrolled in a private elementary or secondary school outside the boundaries of the local educational agency in which the student is living, the local educational agency where the private school is located is responsible for child find activities, evaluations, and provision of services in accordance with the requirements of 34 CFR 300.130 through 300.144. The public elementary school district in whose boundaries the private elementary school is located shall implement the required services in accordance with 34 CFR 300.130 through 300.144 for elementary students. The public high school district in whose boundaries the private secondary school lies, shall implement required services in accordance with 34 CFR 300.130 through 300.144 for high school students.

(4) Local educational agencies shall coordinate child find activities for children ages birth through two with early intervention provider agencies.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1983 MAR p. 1668, Eff. 11/11/83; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3132 Interagency Coordination for Part C, Idea

(1) The Superintendent of Public Instruction shall develop and implement interagency agreements with the Department of Public Health and Human Services for the purpose of coordinating on transition matters between Part C and Part B of IDEA.

(2) The agreement shall include policies and procedures relating to a smooth and effective transition for those children participating in the early intervention program under Part C of IDEA who will participate in preschool programs assisted under Part B of IDEA, including:

(a) determining financial responsibilities of agencies;

(b) identifying responsibilities for performing evaluations;

(d) coordinating communication between agencies;

(e) participating in transition planning conferences; and

(f) ensuring an individualized education program has been developed and implemented by the student's third birthday.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3135 Comprehensive System of Personnel Development

(1) The Superintendent of Public Instruction shall establish procedures for the development and conduct of a comprehensive system of personnel development. The procedures shall include:

(a) Analysis of state and local needs for professional development for personnel to serve students with disabilities that includes at a minimum:

(i) identification of preservice and professional development training needs to address personnel shortages and requirements for provision of qualified personnel;

(ii) review of the Annual Performance Report results in collaboration with the state Special Education Advisory Panel to identify statewide training needs to improve outcomes for students with disabilities consistent with the State Performance Plan;

(iii) implementation of a statewide needs assessment to identify specific professional development needs of special education and related services personnel conducted at least every third year.

(b) Implementation of a regionalized structure for the implementation of professional development which helps to ensure personnel have the skills and knowledge to improve academic achievement and functional performance of students, and enables personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and where appropriate instruction on the use of adaptive and instructional software.

(c) A detailed structure for personnel planning that focuses on preservice and in-service education needs and that describes procedures for:

(i) acquiring, reviewing, and disseminating to general and special education teachers, paraprofessional personnel (e.g., teacher aides and instructional assistants), administrators, and related service providers significant information about evidence based research practices proven effective through research or demonstration;

(ii) providing technical assistance to local educational agencies, educational cooperatives, state operated programs, and private programs serving state agency placed students with disabilities; and

(iii) identifying state, local, and regional resources which will assist in meeting the state's personnel preparation needs.

(2) The Superintendent of Public Instruction shall appoint a comprehensive system of personnel development council to ensure that public and private institutions of higher education and other agencies and organizations having an interest in the preparation of personnel for the education of students with disabilities have an opportunity to participate fully in the development, review, and annual updating of the state comprehensive system of personnel development. The council shall:

(a) develop a long-range personnel development plan and evaluate effectiveness of state personnel training activities in meeting the plan and make recommendations for in-service, preservice and technical assistance programs on an annual basis;

(b) establish procedures to ensure collaboration and coordination of Office of Public Instruction and local educational agency efforts in the utilization of current technology and training techniques in meeting the personnel development needs and use of appropriate networks, linkages, and databases; and

(c) report on recommendations regarding personnel preparation to the Superintendent of Public Instruction and the State Special Education Advisory Panel.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3136 Special Education Professional Staff Qualifications

(1) Special education teachers and related service personnel must hold licenses consistent with state licensing or educator licensing requirements for the subjects they teach and the services they provide.

(a) Supervisors of special education teaching personnel must have a Class 3 administrator's certificate with a principal's endorsement or a supervisor's endorsement in special education.

(2) All special education and related services for students with disabilities shall be provided under the direction of qualified personnel.

(3) Each local educational agency must require that each administrator which provides or supervises the provision of special education and related services to students with disabilities obtains specific skills which enable the administrator to deal effectively with students with disabilities. These skills may be obtained through formal training or in-service training.

(4) Each local educational agency must require that each teacher who implements education services to students with disabilities obtains specific skills which enable the teacher to deal effectively with students with disabilities under the teacher's supervision. These skills may be obtained through formal training or in-service training or consultation.

(5) Paraprofessional personnel (e.g., teacher aide or instructional assistant) shall meet current Board of Public Education accreditation standards under ARM 10.55.715.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2004 MAR p. 1383, Eff. 6/18/04; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3141 Superintendent of Public Instruction Responsibility for Monitoring

(1) The Superintendent of Public Instruction shall provide an ongoing and systematic monitoring process consistent with the requirements of 34 CFR 300.600 through 300.602 and 300.606 through 300.608 to ensure compliance with IDEA and its implementing regulations at 34 CFR, part 300, and Montana statutes pertaining to special education at Title 20, chapter 7, part 4, MCA, and implementing administrative rules at ARM Title 10, chapter 16. The procedures shall apply to all educational programs for students with disabilities including those administered by other state agencies and educational programs for students with disabilities referred to or placed in private schools by a public agency.

(a) The procedures shall include:

(i) review of local educational agency policies, procedures, services, and performance data;

(ii) determination of the need for further information, on-site visitation, training, technical assistance, or intervention;

(iii) development of strategies to enable the local educational agency to improve services, educational practices, and outcomes for students with disabilities;

(iv) Superintendent of Public Instruction review of the performance of each local educational agency on the targets in the state's performance plan in accordance with 34 CFR 300.608 and 300.646; and

(v) procedures for identification of noncompliance and its correction including:

(A) the local educational agency's response to the findings;

(B) written documentation verifying immediate discontinuance of the violation, elimination of any continuing effects of past violations, and prevention of the occurrence of any future violations and the steps taken to address the violation; and

(2) If a local educational agency is not meeting the requirements under Part B of IDEA, including the targets in the State Performance Plan, or fails to voluntarily take steps to correct an identified deficiency or fails to take any of the actions specified in a local educational agency corrective action plan, the Superintendent of Public Instruction shall notify the local educational agency in writing of the actions the Superintendent of Public Instruction intends to take in order to enforce compliance with IDEA and its implementing regulations, and Montana statutes pertaining to special education and implementing administrative rules.

(a) The notice shall include a statement of the actions the Superintendent of Public Instruction intends to take, right to a hearing, and consequence of the local educational agency's continued noncompliance on its accreditation status and approval for state and federal funding of special education services.

(b) The Superintendent of Public Instruction may initiate one or more of the options under ARM 10.16.3121 and implement the provisions of 34 CFR 300.608 to ensure compliance.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3142 Interagency Agreements

(1) The Superintendent of Public Instruction shall develop and implement interagency agreements with the Board of Public Education, departments of Public Health and Human Services and Corrections for the purpose of describing the role that each of these agencies plays in providing for special education or related services.

(2) The interagency agreement shall define the financial responsibility of each agency for providing a free appropriate public education and establish procedures for resolving interagency disputes among parties to the agreement, and establish procedures under which local educational agencies may initiate proceedings in order to secure reimbursement from agencies that are parties to the agreements or otherwise implement the provisions of the agreements.

(3) The interagency agreement shall designate the rules, regulations, and educational standards applicable to educational services administered by other public agencies and the monitoring role of the Superintendent of Public Instruction.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3143 Special Education Data Collection and Reporting

(1) The Superintendent of Public Instruction shall annually:

(a) collect and report valid and reliable data consistent with the requirements of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations at 34 CFR 300.601 through 300.602 and 34 CFR 300.640 through 300.646;

(b) publicly report data as required under the IDEA in a manner that does not result in disclosure of data identifiable to individual children and consistent with the requirements of the Family Educational Rights and Privacy Act (FERPA); and

(c) conduct validation checks and an analysis of data submitted by the local educational agencies to ensure validity as well as to determine if local educational agencies met performance targets established in the State Performance Plan.

(2) The local educational agency shall annually:

(a) electronically report required data to the Superintendent of Public Instruction using electronic data collection and management systems in accordance with established instructions and timelines;

(b) ensure data collected and reported is valid and accurate; and

(c) review performance data relative to state performance targets in the State Performance Plan for purposes of identifying areas in need of improvement.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3150 State Advisory Panel

(1) The Superintendent of Public Instruction shall establish and maintain the State Advisory Panel in accordance with 34 CFR 300.167 through 300.169.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3172 Access to Instructional Materials

(1) The Superintendent of Public Instruction shall adopt the National Instructional Materials Accessibility Standard (NIMAS).

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3180 Notice of Availability of Federal Funds

(1) The Superintendent of Public Instruction shall annually provide written notice of the availability of federal funds under IDEA.

(2) The notice shall include:

(a) procedures for applicants to follow in completing and submitting application for federal funds under IDEA;

(b) amount of the federal funds and the period during which the local educational agency may obligate funds;

(d) description of state and federal requirements to which the local educational agency must comply to receive funds;

(e) Superintendent of Public Instruction's procedure for approving applications;

(f) requirements for project reports;

(g) a statement of a local educational agency's obligation to make the application and any evaluations, periodic program plans, or reports required by the Superintendent of Public Instruction for this project available for public inspection; and

(h) an application form and an offer of technical assistance from the Superintendent of Public Instruction.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3181 Local Educational Agency Federal Funds Applications

(1) In order to receive federal funds under IDEA, a local educational agency shall annually submit an application to the Superintendent of Public Instruction in accordance with application instructions and within announced timelines.

(a) A local educational agency may submit a single district application if it has:

(i) an entitlement of $7500 or more; and

(ii) established, satisfactory to the Superintendent of Public Instruction, special education and related services which provide a free appropriate public education to students with disabilities.

(b) A local educational agency that participates in an education cooperative under 20-7-451 and 20-7-457, MCA, shall submit one consolidated application through the cooperative.

(c) A local educational agency that generates an entitlement of less than $7500 or that is unable to establish and maintain programs of sufficient size and scope to effectively meet the educational needs of students with disabilities shall participate in one consolidated application with other local educational agencies.

(2) A consolidated application must meet the same requirements as a single district application.

(a) If the cooperative interlocal agreement does not specifically delegate the power to apply for IDEA funds on behalf of the participating local educational agency to a prime applicant, each participating local educational agency must delegate to the prime applicant the authority to apply for IDEA funds.

(3) If a local educational agency makes a significant amendment to its application, the local educational agency shall follow the procedures for submitting an original application under IDEA. The Superintendent of Public Instruction shall follow the same review and approval procedures as required for an original application.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3194 Superintendent of Public Instruction Notification to Local Educational Agency of Ineligibility to Receive Funds Under Part B

(1) Local educational agency federal funds applications shall be consistent with state and federal regulations and be completed according to application instructions and timelines as stated in notice of availability of federal funds.

(2) The Superintendent of Public Instruction's approval procedures shall include:

(a) consideration of a local educational agency's response to program monitoring and the early assistance program as defined in ARM 10.16.3660, complaint investigation or due process hearing decisions which are adverse to the local educational agency;

(b) consideration of any previous Superintendent of Public Instruction or Board of Public Education decisions resulting in withholding of funds;

(d) consideration of an approved program narrative.

(3) The Superintendent of Public Instruction shall provide written notice of approval of the application and federal funds award which shall include:

(a) amount of the funds approved;

(b) the period during which the local educational agency may obligate funds; and

(4) If an LEA is determined to be not eligible for receipt of Part B funds for failure to comply with any of the requirements under Part B and implementing federal and state regulations, the Superintendent of Public Instruction will not withhold funds without first providing reasonable notice and an opportunity for a hearing in accordance with 34 CFR 300.155.

(5) If a local educational agency or education cooperative makes a significant amendment to its application for federal funds, the local educational agency or education cooperative shall follow the procedures for submitting the original application.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Subchapter 10.16.32 State and Local Eligibility - Specific Conditions

Mont. Admin. R. 10.16.3220 Program Narrative

(1) Each local educational agency or education cooperative must have on file with the Superintendent of Public Instruction a written program narrative that describes policies and procedures used for the provision of special education and related services within the local educational agency or education cooperative. The policies, procedures, and services in the narrative shall be consistent with state policies and address the requirements of 34 CFR 300.101 through 300.163 and 34 CFR 300.165 through 174.

(2) If a local educational agency participates in an education cooperative under 20-7-451 and 20-7-457, MCA, the local educational agency must submit a single program narrative through the cooperative.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1977 MAR p. 277, Eff. 8/26/77; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Subchapter 10.16.33 Services

Mont. Admin. R. 10.16.3320 Request for Initial Evaluation

(1) In accordance with 34 CFR 300.301(b) either a parent or a public agency, as defined in 34 CFR 300.33, may initiate a request for an initial evaluation.

(2) A local educational agency shall establish procedures for requesting an initial evaluation which include methods for collecting information to determine whether a comprehensive educational evaluation is necessary and the types of evaluations warranted.

(a) When the request for initial evaluation is made by an LEA, the request must include a statement of the reasons for the request, including documentation of regular education interventions for students enrolled in school, and the signature or electronic signature of the person making the request.

(b) When the request for initial evaluation is made by a parent, the request must include a statement of the reasons for the request and the signature or electronic signature of the person making the request.

(c) All requests shall document the suspicion that the student may have a disability which adversely affects the student's educational performance to the degree that the student needs special education and related services.

(d) If a comprehensive educational evaluation in accordance with 34 CFR 300.301 through 300.311 is warranted, the local educational agency shall obtain consent of the parent before conducting a comprehensive educational evaluation.

(3) If the local educational agency does not suspect that the child has a disability and denies the request for an initial evaluation, the local educational agency must provide written notice to the parents, consistent with 34 CFR 300.503(b) of the Individuals with Disabilities Education Act. The parent may challenge such a refusal by requesting a due process hearing.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3321 Comprehensive Educational Evaluation Process and Reevaluations

(1) An evaluation of the student must be conducted in accordance with the requirements of 34 CFR 300.301 through 300.311 and 34 CFR 300.321.

(2) For initial evaluations, the evaluation report must include the information necessary to address criteria established in ARM 10.16.3010 through 10.16.3022.

(3) The evaluation report shall include statements of implications for educational planning in terms understandable to all team members.

(4) The evaluation report shall include a statement as to why the student needs special education and related services.

(5) All evaluation reports will identify a disability category or categories for each student.

(6) For an initial evaluation only, the following additional team members are required when a student is being evaluated in the specified category of disability:

(a) emotional disturbance, traumatic brain injury, specific learning disability, or cognitive delay requires a school psychologist;

(b) speech-language impairment, deaf/blindness, traumatic brain injury requires a speech-language pathologist;

(d) deafness or hearing impairment requires a speech-language pathologist or audiologist.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD, 1999 MAR p. 69, Eff. 1/15/99; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3324 Extended School Year Services

(1) Local educational agencies shall provide extended school year services in accordance with 34 CFR 300.106.

(2) IEP teams shall use recoupment and regression as the criteria for determining eligibility for extended school year services. In the absence of the opportunity to collect data to determine regression, the IEP team may conclude that ESY services are necessary based on data that research has shown to predict regression and difficulty with recoupment.

(3) Extended school year services must be provided only if a child's IEP team determines, on an individual basis, in accordance with 34 CFR 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07, AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3340 Individualized Education Program and Placement Decisions

(1) Local educational agencies shall develop, implement, review, and revise individualized education programs (IEP) in accordance with 34 CFR 300.320 through 300.328.

(2) IEP teams shall make placement decisions in accordance with least restrictive environment provisions at 34 CFR 300.114 through 300.118.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3341 Residential Placement by Public Agency Other Than Local Educational Agency

(1) If a student with disabilities has been placed in a residential treatment facility or children's psychiatric hospital according to 20-7-435, MCA, the residential treatment facility or hospital shall initiate action to develop, review, or revise the student's individualized education program and, if necessary, to evaluate and identify a student with a disability in accordance with the requirements of IDEA.

(2) The facility or hospital shall notify a representative of the student's resident local educational agency of the student's placement at the facility or hospital and request the participation of the resident LEA in meetings as required by IDEA. If the representative of the resident LEA cannot attend the meetings, the representative shall use other methods to ensure participation by the resident LEA.

(3) The facility or hospital shall notify the parents of their right to participate in any decision about the student's individualized education program and agree to any proposed changes in the program before those changes are implemented.

(4) In the event that the residential facility as defined in 20-7-436, MCA, or children's psychiatric hospital is unable or unwilling to provide an appropriate education as required under the IDEA, the local educational agency in which the facility is located is responsible for ensuring that a student placed in a residential treatment facility or children's psychiatric hospital receives FAPE under IDEA. The Superintendent of Public Instruction is responsible for ensuring compliance with IDEA.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3345 Local Educational Agency Responsibility for Promotion of Students with Disabilities

(1) The local educational agency shall have procedures to ensure continuation of a free appropriate public education for students with disabilities when promoting the student from preschool to elementary school and from elementary school to junior high or middle school and from junior high or middle school to high school.

(2) Whenever a student with disabilities is receiving special education and related services in a nongraded program and the student is age 14 on or before September 10th of the school year, the responsibility for ensuring a free appropriate public education changes from the elementary local educational agency to the high school local educational agency.

(3) Chronological age and physical development should be strong factors in the decision to move a student from the junior high or middle school to the high school. Consideration also must be given to the least restrictive environment principle in planning for promotion.

(4) A student with disabilities shall be promoted or retained according to local educational agency criteria unless waived in the student's IEP.

(5) A student with disabilities who has completed a prescribed course of studies shall be eligible for graduation from high school.

(a) A student who has successfully completed the goals on the IEP shall have completed a prescribed course of study.

(b) Documentation of completion of the annual goals shall be included in the periodic review of the IEP.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3346 Aversive Treatment Procedures

(1) Positive behavioral interventions based on the results of a functional behavioral assessment shall serve as the foundation for any program utilizing aversive procedures to address the behavioral needs of students. Aversive treatment procedures may be appropriate for an individual student who exhibits behaviors which pose a risk of physical harm to the student or others, or a risk of significant damage to property, or significantly disruptive or dangerous behaviors which cannot be modified solely through the use of positive behavioral interventions. Aversive treatment procedures must be designed to address the behavioral needs of an individual student, be approved by the IEP team, and may not be used as punishment, for the convenience of staff, or as a substitute for positive behavioral interventions.

(2) Aversive treatment procedures are defined as:

(a) physical restraint, other than as provided in 20-4-302, MCA, when the IEP team has determined that the frequency, intensity or duration of the restraint warrants an aversive treatment procedure; and

(b) isolation time-out which results in the removal of a student to an isolation room under the following conditions:

(i) the student is alone in the isolation room during the period of isolation;

(ii) the student is prevented from exiting the isolation room during the period of isolation;

(iii) the door to the isolation room remains closed during the period of isolation; and

(iv) the student is prohibited from participating in activities occurring outside the isolation room and from interacting with other students during the period of isolation.

(3) Any student in isolation time-out must be under the direct constant visual observation of a designated staff person throughout the entire period of isolation.

(4) The following procedures are prohibited:

(a) any procedure solely intended to cause physical pain;

(b) isolation in a locked room or mechanical restraint, except in residential treatment facilities and psychiatric hospitals as defined in 20-7-436, MCA, when prescribed by a physician as part of a treatment plan and when implemented in compliance with relevant federal and state law;

(d) aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation; and

(e) mechanical restraint that physically restricts a student's movement through the use upon the student of any mechanical or restrictive device which is not intended for medical reasons.

(5) Exclusion time-out is not considered an aversive treatment procedure. Exclusion time-out is defined as any removal of a student from a regularly scheduled activity for disciplinary purposes that does not result in placing the student in an isolation room under all of the conditions described in (2)(b).

(6) IEPs may include the use of aversive treatment procedures only when:

(a) subsequent to a functional behavioral assessment, a series of no less than two written positive behavioral intervention strategies, which were designed to target the behavior to be changed, were previously implemented;

(b) the IEP team includes a person trained and knowledgeable about best practices in the application of positive behavioral interventions, aversive treatment procedures and nonaversive alternatives for de-escalation of behaviors; and

(c) a written behavioral intervention plan using aversive treatment procedures is developed and incorporated as a part of the IEP.

(7) A behavioral intervention plan using aversive treatment procedures must be in writing and shall:

(a) include a statement describing no less than two positive behavioral intervention strategies previously attempted and the results of these interventions, as described in (6)(a);

(b) describe the target behavior(s) that will be consequented with the use of the aversive treatment procedure(s);

(d) provide a written description of the aversive treatment procedure(s);

(e) specify a time limit for the use of the aversive treatment procedure for any one instance;

(f) include data collection procedures for recording each application of the aversive treatment(s);

(g) state when the IEP team will meet to review the ongoing use, modification or termination of the aversive procedure;

(h) designate an individual responsible for ongoing review and analysis of the data on the target behavior;

(i) state how the student's parents will be regularly informed of the progress toward the short-term objectives in the IEP at a frequency no less than is required in 34 CFR 300.347; and

(j) state whether any standard school disciplinary measures are waived.

(8) When an aversive treatment plan is incorporated in the IEP, the parents must be informed that their consent to the IEP includes consent for the aversive treatment plan. Failure to obtain consent is subject to due process proceedings under ARM 10.16.3507 through 10.16.3523.

(9) Parents must be informed as soon as possible, but no more than 24 hours after the procedure is used, in writing, or orally if in writing is not possible, in their native language each time an aversive procedure is implemented on their child.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2001 MAR p. 396, Eff. 3/9/01; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Subchapter 10.16.35 Procedural Safeguards

Mont. Admin. R. 10.16.3501 Procedural Safeguards

(1) Each local educational agency shall implement procedural safeguards consistent with the requirements of 34 CFR 300.500 through 300.536.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3502 Transfer of Parental Rights at Age of Majority

(1) When a student with disabilities reaches the age of 18, parental rights under IDEA will transfer to the student in accordance with 34 CFR 300.520 and 34 CFR 300.320(c).

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3504 Surrogate Parents

(1) Procedures for the appointment of a surrogate parent shall comply with 20-7-461 through 20-7-463, MCA, 34 CFR 300.30, and 34 CFR 300.519.

(2) A foster parent meeting the requirements of 34 CFR 300.30(a)(2) may act as a parent under Part B of IDEA if the natural parents' authority to make educational decisions on the student's behalf has been extinguished under state law and the foster parent:

(a) is willing to make the educational decisions required of parents under IDEA; and

(b) has no interest that would conflict with the interests of the student.

(3) The local educational agency shall petition a court of competent jurisdiction for termination of the surrogate parent appointment when the student's parents are identified, the whereabouts of the parents are discovered, the student is no longer a ward of the state, or the surrogate parent wishes to discontinue her or his appointment.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3505 Parental Consent

(1) The local educational agency shall implement parental consent procedures as described in 34 CFR 300.300 and consistent with this rule.

(2) Written parental consent for initial and annual placement of a student with disabilities in special education and related services shall be obtained by the local educational or public agency prior to the placement.

(a) The local educational agency shall maintain written documentation of the date of parental consent for initial or annual placement.

(b) If the parents and local educational agency cannot agree on the IEP but can agree on certain IEP services or interim placement, the student's new IEP would be implemented in the areas of agreement and the student's last agreed-upon IEP would remain in effect in the areas of disagreement until the disagreement is resolved.

(c) When parental consent for annual placement has not been obtained and has not been specifically refused, the local educational agency shall informally attempt to obtain consent from the parent.

(i) If parental consent cannot be obtained within a reasonable time, the local educational agency shall send written notice to the parent requesting approval and stating that the student with disabilities shall be provided special education and related services according to the student's individualized education program (IEP) as developed by the local educational agency 15 days from the date of the notice.

(ii) If no response from the parent is obtained, the local educational agency shall provide the student special education and related services according to the student's IEP without parental consent subject to the parent's right to an impartial due process hearing under ARM 10.16.3507 through 10.16.3523.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2001 MAR p. 1099, Eff. 6/22/01; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3505A REVOCATION OF PARENTAL CONSENT

10.16.3505A REVOCATION OF PARENTAL CONSENT

(1) A parent may revoke consent for services at any time. The revocation of consent must be provided to the district in writing.

(2) Upon receipt of the parent's written revocation of consent, the district must:

(a) issue written notice to the parent of receipt of the revocation;

(b) issue prior written notice of the date on which special education and related services will cease; and

(3) On the date set forth in the prior written notice in (2)(b), the district must cease providing services and is not permitted to file a request for a special education due process hearing or implement any dispute resolution procedures generally allowed under the Individuals with Disabilities Education Act as revised. The district is not required to amend the child's education records to remove references to the child's receipt of special education and related services.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3506 Voluntary Mediation

(1) Upon receipt by mail of a written request for mediation signed by all parties to a special education controversy as defined in 34 CFR 300.506, prior to, during, or after a request for a due process hearing under ARM 10.16.3507, the Superintendent of Public Instruction shall appoint an impartial mediator.

(2) Mediation may not be used in the case of revocation of parental consent for placement.

(3) The parties may mutually agree to any qualified mediator whose name is included on the list maintained by the Superintendent of Public Instruction. If the parties agree to a mediator, the name of the mediator will be included in the request for mediation.

(4) If the request for mediation does not include the name of a qualified mediator, the process for selection is as follows:

(a) The Superintendent of Public Instruction shall mail to each party the names of three mediators from its list of qualified mediators knowledgeable in special education laws and regulations.

(b) Upon receipt of the list of names, the parties shall have three business days to review the list, prioritize their selection, and return the list to the Superintendent of Public Instruction.

(c) If, despite efforts to arrive at a mutually agreeable choice, the parties cannot agree, the Superintendent of Public Instruction shall appoint a mediator from the names sent to the parties.

(5) The mediator shall schedule a mediation session in a timely manner, but no later than 30 days from the date of receipt of the request for mediation at the office of the Superintendent of Public Instruction.

(6) Mediation shall comply with 34 CFR 300.506.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3507 Scope of Rules

(1) These rules govern the procedure for conducting all due process hearings concerning and arising from the education of students with disabilities in this state. All rules promulgated by former state Superintendents of Public Instruction with regard to special education due process hearings contrary to these rules are hereby repealed.

(2) A school district is not permitted to request a due process hearing when a parent has revoked consent for special education evaluation or services.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Mont. Admin. R. 10.16.3508 Initiating Special Education Due Process

(1) A parent as defined in 34 CFR 300.30 or public agency as defined in 34 CFR 300.33 may request an impartial due process hearing involving the educational placement, evaluation, possible identification of a student with disabilities, or the provision of FAPE to the child. The request shall be made in writing to the Superintendent of Public Instruction, P.O. Box 202501, Helena, MT 59620-2501. A copy of the request shall be mailed to the other party.

(2) The Superintendent of Public Instruction shall develop a model form to assist the complainant in filing a request for due process. The request shall include:

(a) the name of the student;

(b) the address of the residence of the student;

(d) in the case of a homeless child or youth, available contact information for the child or youth;

(e) a description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

(f) a proposed resolution of the problem to the extent known and available to the complainant at the time.

(3) The due process request must be deemed sufficient unless the party receiving the request notifies the hearing officer and the other party in writing within 15 days of receipt of request that the receiving party believes the due process request does not meet the requirements in (2). In this event, the Superintendent of Public Instruction will implement procedures in accordance with 34 CFR 300.508(d).

(4) Pursuant to 34 CFR 300.508 (e) and (f), the party receiving a due process complaint has ten days to file a response, and if required, the LEA must send prior written notice.

(5) All pleadings shall be filed with the OPI and served both electronically and by U.S. mail. The time period for any response shall begin on the next business day following electronic service.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3508A RESOLUTION PROCESS

10.16.3508A RESOLUTION PROCESS

(1) Within 15 days of receipt of notice of the parents' due process request, the local educational agency must convene a resolution meeting in accordance with 34 CFR 300.510.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3509 Appointment of Impartial Hearing Officer

(1) Upon receipt by mail of a signed written request for a due process hearing involving a special education controversy, the Superintendent of Public Instruction shall:

(a) promptly advise the public agency, parent, or other parties as identified in ARM 10.16.3508(1) of the request for due process hearing; and

(b) appoint an impartial hearing officer to conduct a due process hearing.

(i) The Superintendent of Public Instruction shall maintain a list of individuals who are qualified to serve as impartial hearing officers.

(ii) Upon receiving a request for hearing, the Superintendent of Public Instruction shall mail to each party a list of the names of three proposed impartial hearing officers together with a summary of their qualifications.

(iii) Each party shall have three business days to rank the proposed hearing officers on the list in order of preference.

(iv) The Superintendent of Public Instruction shall make the appointment from the names ranked by the parties.

(2) An impartial hearing officer may at any point withdraw from consideration or from service in any hearing in which the impartial hearing officer believes a personal or professional bias or interest on any of the issues to be decided in the hearing exists which might conflict with the impartial hearing officer's objectivity. Such written request to withdraw shall be directed to the Superintendent of Public Instruction. Any subsequent appointment of an impartial hearing officer shall be conducted as provided above.

(3) A party may submit one written request to the Superintendent of Public Instruction to remove an appointed impartial hearing officer for personal or professional conflict of interest or bias with a supporting affidavit showing the particular facts which constitute good cause for disqualifying the appointed hearing officer. Such a request may be made within ten days of the appointment of the hearing officer. The decision of the Superintendent is final and not subject to interlocutory appeal.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3510 Scheduling Conference and Notice of Hearing

(1) The impartial hearing officer shall, within five business days of the filing of the response or the completion of the resolution process, whichever comes first, conduct a prehearing scheduling conference. Following the prehearing scheduling conference, the impartial hearing officer shall issue a notice of hearing. The notice of hearing shall include, at a minimum:

(a) a statement of the date, time, place, location, and nature of the hearing;

(b) a schedule for discovery;

(d) the extent to which prehearing motions will be allowed, and if allowed, a schedule ensuring such motions do not unnecessarily delay the hearing;

(e) the extent to which post-hearing legal briefs and/or proposed findings of fact, conclusions of law and order will be required;

(f) references to the specific applicable statutes and rules;

(g) a provision advising the parties of their right to be represented by counsel at the hearing;

(h) a provision informing the parent of any free or low-cost legal and other relevant services available in the area;

(i) a statement of whether or not the parent wants an electronic verbatim record of the hearing and/or the findings of facts and decision; and

(j) consideration of such other matters as may aid in the disposition of the action.

(2) The notice of hearing shall be sent by certified mail to any party not represented by counsel. Any party represented by counsel shall be served by regular and electronic mail addressed to the attorney representing the party.

(3) The notice of hearing as well as all communications conducted in the hearing shall be written in language understandable to the general public and in the native language of the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication is not written language, the impartial hearing officer shall direct the notice to be translated orally or by other means to the parent in his/her native language or other means of communication.

(4) The dates scheduled by the impartial hearing officer in the notice of hearing may be continued at the hearing officer's discretion after stipulation by all parties or upon motion of a party showing reasonable necessity for the continuance, but in no event beyond 12 months from the date of filing of the due process action. In determining whether to grant a request for continuance or approve a stipulation for continuance, or approve any action which may unduly delay the hearing, the hearing officer shall consider the potential negative impact on the student who is the subject of the hearing, including the impact to the student's right to FAPE due to a delay of the hearing process, and the complexity of the case.

(5) The impartial hearing officer shall conduct the hearing at a time and place reasonably convenient to the parent and student. If the parties cannot agree on such time and place, the hearing will be held in the county in which the named public agency is located.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3511 Informal Disposition

(1) The impartial hearing officer may confer with the parties for the purpose of attempting informal disposition of any special education controversy in addition to the requirements in ARM 10.16.3510 and 10.16.3512.

(2) This conference of informal disposition may occur at any time prior to the issuing of the final findings of fact, conclusions of law and order of the impartial hearing officer. The parties may resolve the special education controversy by stipulation, agreed settlement, dismissal, or other resolution. To be effective, any agreement made at such conference must be reduced to writing and signed by all parties. An agreed resolution shall end the proceedings upon formal action of the hearing officer.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3512 Impartial Hearing Officer's Prehearing Conference - Formulating Issues

(1) The impartial hearing officer shall conduct a prehearing conference prior to the hearing to:

(a) identify and clarify the issues to be decided at the hearing;

(b) determine the necessity or desirability of amendments to the request for impartial due process hearing;

(d) consider such other matters as may aid in the disposition of the action.

(2) Any evidence to be introduced at the hearing, including all evaluations and recommendations based on the evaluations, shall be disclosed to the opposing party at least five business days before the hearing.

(3) Initial objections to the introduction of any offered evidence must be made at least three business days prior to the hearing.

(4) The impartial hearing officer shall make an order which recites the action taken at the conference, any amendment to the request for impartial due process hearing, the agreements made by the parties as to any of the matters considered, and which limits the issues for the hearing to those not disposed of by admissions or agreements of the parties. Such order when entered will control the subsequent course of action, unless modified at the hearing to prevent manifest injustice.

(5) The impartial hearing officer shall implement provisions to ensure the privacy of matters before him/her as is required by law. Parents maintain the right to waive their right of confidentiality and privacy in the hearing and to have the hearing be open to the public. The impartial hearing officer shall also provide or allow an opportunity for the student with disabilities to be present at the hearing upon request of the parent, guardian, surrogate parent or the student with disabilities who is the subject of the hearing.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3513 Discovery

(1) The impartial hearing officer may compel or limit discovery prior to the hearing and/or prehearing conference.

(2) Within the discretion of the hearing officer, the following methods of discovery are available to the parties upon the filing of a request for due process:

(a) depositions;

(b) written interrogatories;

(d) production of documents or things; and

(e) permission to enter upon land or property, to observe educational programs and other purposes.

(3) The time for responding to requests for production, requests for admission, and interrogatories is 20 calendar days from the date the discovery requests are served on the receiving party or such other time as set by the hearing officer.

(4) The hearing officer shall set a date by which discovery must be completed and establish a calendar so that discovery does not delay the hearing.

(5) The hearing officer may limit or compel discovery as necessary to balance the need for reasonable discovery with the need to not unduly delay the hearing.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3518 Availability of Cross-Examination or Participation in the Hearing

(1) The right to examine or cross-examine as a party in this action shall be limited to the attorneys, the parties named in the matter, and the impartial hearing officer. A lay advocate with special knowledge or training with respect to students with disabilities may accompany and advise a party named in the matter.

(2) Parents involved in hearings have the right to have the child who is the subject of the hearing present at the hearing and open the hearing to the public.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3519 Ex-Parte Consultations

(1) The impartial hearing officer, after the issuance of the notice of hearing, shall not communicate with any party in connection with any issue of fact or law in such case except upon notice and opportunity for all parties to participate.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3520 Powers of the Impartial Hearing Officer

(1) The impartial hearing officer may:

(a) administer oaths;

(b) issue subpoenas;

(c) upon request of a party, as deemed appropriate by the hearing officer, allow for the taking of testimony by video, audio, or deposition of witnesses who will not be available for the hearing, or when procurement of the witness in person at the hearing will be unduly costly and burdensome for a party;

(d) set the time, place, and length of the hearing and direct parties to appear and confer to consider simplifications of the issues by consent of the parties involved;

(e) fix the time for filing of briefs or other documents; and

(f) request the submission of proposed findings of facts and conclusions of law at the conclusion of the hearing.

(2) The impartial hearing officer shall be bound by common law and the Montana Rules of Evidence, except as provided by these rules. All evidence and objections to evidence shall be noted in the record.

(3) Educational records of the student who is the subject of the proceeding as defined in FERPA, and its implementing regulations at 34 CFR 99, shall be allowed as self-authenticating, and shall require no extrinsic evidence of authenticity as a condition precedent to admissibility.

(4) Any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the impartial hearing officer's specialized knowledge.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3521 Hearing

(1) The hearing will be conducted before the impartial hearing officer in the following order:

(a) statement and evidence of the petitioner or other party in support of its action;

(b) statement and evidence of the respondent in support of its action;

(d) closing arguments beginning with petitioner and ending with respondent.

(2) The order of procedure may be changed by order of the impartial hearing officer upon a showing of good cause.

(3) Each party shall have the right to conduct cross-examinations for a full and true disclosure of the facts, including the right to cross-examine the authority of any document prepared by or on behalf of or for the use of all parties and offered into evidence. All testimony shall be given under oath or affirmation.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3522 Record

(1) The record in the impartial due process hearing shall include:

(a) all pleadings, motions, intermediate ruling;

(b) all evidence received plus a stenographic record of oral proceeding;

(d) questions and offers of proof, objections and proceedings thereon;

(e) proposed findings and exceptions;

(f) findings of fact, conclusions of law and order by the impartial hearing officer.

(2) Any party to a hearing has the right to obtain an audio record of the hearing. A verbatim record of the impartial due process hearing shall be taken by a certified court reporter and, upon request of either party to the hearing, transcribed. The Superintendent of Public Instruction will pay costs associated with the transcription of the record taken by the court reporter.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3523 Final Order on Special Education Due Process Hearing Decisions

(1) The impartial due process hearing officer shall render, in writing, findings of fact and conclusions of law separately stated and an order concerning all matters at issue in the hearing within the 45-day time frame delineated in 34 CFR 300.515, unless an extension of time has been granted by the impartial hearing officer. The impartial hearing officer may grant a request by either party for a specific extension of the 45-day period allowed for rendering a final order. The hearing officer shall mail, or personally deliver, a written copy of the findings of fact, conclusions of law and order to each of the parties and to the Superintendent of Public Instruction. The hearing officer shall also mail or deliver the record as defined in ARM 10.16.3522 to the Superintendent of Public Instruction.

(2) In the event the impartial hearing officer has granted a written request from a party to extend the 45-day period in which to render a final decision, the impartial hearing officer shall notify the Superintendent of Public Instruction, in writing, when the decision will be issued, providing justification for the extension and including consideration of the impact on the student at issue in the matter. In the event the decision is not rendered within 90 days from the date the request for impartial due process hearing was filed with the Superintendent of Public Instruction, the Superintendent of Public Instruction may remove the impartial hearing officer and appoint another impartial hearing officer.

(3) The impartial hearing officer may order reimbursement for parents for the unilateral placement of their child if the LEA's placement is determined to be inappropriate and the parent's placement is deemed appropriate.

(4) The decision of the impartial hearing officer shall be binding upon both parties unless the decision is appealed.

(5) Any party who feels aggrieved by the findings and decision of the impartial hearing officer may appeal to a district court or may bring a civil action under 34 CFR 300.516.

(6) The Superintendent of Public Instruction shall be responsible for paying only administrative costs related to the hearing, including necessary expenses incurred by the impartial hearing officer and court reporter services. The parties involved shall each be responsible for any legal or other fees that occur.

(7) The Superintendent of Public Instruction, after deleting any personally identifiable information, shall transmit those findings and decisions to the state special education advisory panel and make those findings and decisions available to the public.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-402, MCA
History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3528 Initiating Expedited Due Process Hearing

(1) An expedited due process hearing under 34 CFR 300.532 may be initiated by submitting a written request for a hearing to the Superintendent of Public Instruction, P.O. Box 202501, Helena, MT 59620-2501.

(2) The written request for expedited hearing shall include:

(a) date of the manifestation determination and evidence of a behavioral assessment plan;

(b) general statement of the problem;

(d) name of the parent and contact phone number;

(e) student's name; and

(f) tentative date(s) that the parties have agreed to hold the expedited hearing.

(3) A facsimile of the request may be submitted, but the original signed request must be received within three business days. The facsimile number may be requested by calling the Office of Public Instruction.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3528A EXPEDITED DUE PROCESS HEARING RESOLUTION PROCESS

10.16.3528A EXPEDITED DUE PROCESS HEARING RESOLUTION PROCESS

(1) Upon receipt of a request for expedited due process hearing, the local educational agency must convene a resolution meeting in accordance with 34 CFR 300.532(c)(2) and (3).

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3529 Selection of Expedited Due Process Hearing Officer

(1) The Superintendent of Public Instruction shall maintain a list of due process hearing officers who have successfully completed at least one regular due process hearing under IDEA and have indicated a willingness to accept appointment to conduct an expedited due process hearing.

(2) The Superintendent of Public Instruction shall appoint a due process hearing officer from the list without input from the parties involved in the hearing.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3530 Expedited Hearing

(1) Upon appointment, the hearing officer shall:

(a) contact the parties to schedule a prehearing telephone conference;

(b) set the date, time and place of the expedited hearing; and

(2) The hearing officer may compel or limit discovery.

(3) The hearing officer shall prepare an order identifying the issues and matters to be decided.

(4) Evidence to be introduced at the hearing shall be disclosed to the opposing party at least two business days before the hearing or the evidence will not be admitted, unless the hearing officer decides otherwise.

(5) The hearing shall be conducted in accordance with ARM 10.16.3519 through 10.16.3522.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3531 Final Decision in Expedited Due Process Hearing

(1) The impartial due process hearing officer shall render, in writing, findings of fact and conclusions of law separately stated and an order concerning all matters at issue in the expedited hearing as soon as possible and not later than ten days after the conclusion of the expedited hearing. An extension may be requested; however, the extension cannot exceed an additional five days.

(2) If the parent requests an audio record of the hearing and/or a copy of the findings of fact and decision at the prehearing conference, the due process hearing officer shall provide such a copy to the Superintendent of Public Instruction and the parties.

(3) The hearing officer shall mail or deliver the record as defined in ARM 10.16.3522 to the Superintendent of Public Instruction.

(4) The decision of the impartial hearing officer shall be binding upon both parties unless the decision is appealed.

(5) Any party who feels aggrieved by the findings and decision of the impartial hearing officer may appeal to a district court or may begin a civil action under 34 CFR 300.516.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3560 Special Education Records

(1) School records and confidentiality of information must follow the provisions under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations at 34 CFR, part 99, and must follow the provisions established for special education under IDEA and its implementing regulations at 34 CFR 300.610 through 300.626.

(2) The OPI shall enforce this rule consistent with the IDEA. LEAs found to be out of compliance by OPI with provisions of this policy under IDEA shall be given an opportunity to come into compliance; demonstrate policies, procedures, or practices to ensure future compliance; be required to complete a corrective action plan consistent with this rule and applicable state and federal law; or any other sanctions determined necessary and appropriate by the OPI.

(3) The special education record retained by each LEA shall include access log, request for initial evaluation, permission for evaluation, summaries of assessments, test protocols, and other information that are not subject to sole possession requirements of FERPA, evaluation reports, individualized education programs, and reports of the student's progress toward meeting annual goals of the individualized education program.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Subchapter 10.16.36 State Administration - Complaint Procedures

Mont. Admin. R. 10.16.3660 Early Assistance Program

(1) The Superintendent of Public Instruction shall provide an ongoing and systematic informal dispute resolution process referred to as the "Early Assistance Program."

(2) A parent, guardian, adult student, LEA or other public agency as defined in 34 CFR 300.33, or their representative may request early assistance in any issue related to a student's free appropriate public education or any violation of Part B of the IDEA, 20 U.S.C. 1400, et seq., or Montana special education laws, Title 20, chapter 7, MCA, and corresponding regulations at 34 CFR Part 300 and ARM 10.16.3007, et seq. Assistance may be requested by contacting the Office of Public Instruction Legal Division Dispute Resolution Office.

(3) Pursuant to ARM 10.16.3662, immediately following the filing of a state complaint as referenced in 34 CFR 300.151 through 300.153 the Early Assistance Program has 15 business days from the day it receives the written complaint to attempt to resolve the problem through the program. Pursuant to 34 CFR 300.152(b)(1)(ii) these 15 days shall not be counted as part of the 60-day complaint resolution timeline.

(4) The services offered under this program are available in all circumstances where there is a possibility for resolution. If the Early Assistance Program director decides that any attempt to mutually resolve the complaint would be futile, the dispute resolution office shall proceed according to the procedures and timelines set forth in 34 CFR 300.151 through 300.153 and ARM 10.16.3662.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, MCA
History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3661 Opportunity to Present State Complaint

(1) Pursuant to 34 CFR 300.151 through 300.153, individuals or organizations alleging that a Montana local educational or public agency has violated the provisions of Part B of the IDEA, 20 U.S.C. 1400, et seq. or Montana special education laws including failure to provide a student with disabilities a free appropriate public education or procedural safeguards may use ARM 10.16.3662 to file a state complaint. As used in this chapter, the term "local educational agency (LEA)," shall include other public agencies or state-operated programs.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1982 MAR p. 1934, Eff. 10/29/82; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Mont. Admin. R. 10.16.3662 State Complaint Procedures

(1) An organization or individual may file a written signed complaint alleging the LEA or public agency as defined in 34 CFR 300.33 violated the Individuals with Disabilities Education Act (20 U.S.C., sections 1401 through 1485) or its implementing regulations (34 CFR, part 300), the Montana statutes pertaining to special education (Title 20, chapter 7, part 4, MCA), or the administrative rules promulgated by the Superintendent of Public Instruction governing special education (ARM Title 10, chapter 16).

(2) The state complaint must:

(a) allege a violation that occurred not more than one year prior to the date the complaint is filed;

(b) state the name and address of the affected child, if applicable, and the name of the school or public agency where the violation allegedly occurred;

(c) contain a statement that the agency has violated a requirement of federal or state special education laws or regulations;

(d) state the nature of the problem and the facts on which each allegation is based; and

(e) state a proposed resolution of the problem to the extent known and available to the complainant.

(3) The complaint must be filed with the OPI Dispute Resolution Office, Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501 and a copy provided by the complainant to the LEA or public agency serving the child. An insufficient complaint not meeting the requirements in (2) may be returned to the complainant.

(4) Within ten calendar days of filing, the dispute resolution office shall send written notice to the complainant and the LEA or public agency that a complaint has been filed.

(a) The written notice shall include a copy of the complaint.

(b) If the complaint addresses matters listed in 34 CFR 300.503(a)(1) and (2) relating to the identification, evaluation, or educational placement of a student with a disability, or the provision of a free appropriate public education to the student, the written notice shall inform the complainant of the right to request a due process hearing under 34 CFR 300.507 and ARM 10.16.3508 through 10.16.3531.

(5) The EAP shall have up to 15 business days from the filing of the complaint to assist the parties to resolve the dispute. If successful, the complaint will be dismissed. If the EAP process is not successful, the dispute resolution office shall immediately notify the responding party to prepare and submit its written response of the complaint to the dispute resolution office and send a copy to the complainant within ten calendar days. An extension may be granted based on reasonable necessity.

(6) Upon receipt of the response, the dispute resolution office shall begin an appropriate investigation.

(7) The complainant will have ten calendar days to submit additional relevant information to the dispute resolution office, either orally or in writing.

(8) Following an appropriate investigation, the dispute resolution office shall review all relevant information and make an independent determination as to whether a violation of a federal or state statute, regulation, or rule concerning IDEA special education has occurred. A final report shall be issued within 60 days of filing of the complaint unless an extension of the 60-day period is required by exceptional circumstances which exist with respect to the particular complaint or the timeline was modified during the Early Assistance Program process.

(9) The final report shall address each allegation in the complaint and list findings of fact and conclusions of law, including the reasons for the decision. If the final report concludes that an allegation is true and corrective action is required to comply with federal or state law, corrective action shall be ordered including timelines for implementation of such action. The Superintendent of Public Instruction will provide technical assistance at the request of the local educational or public agency. The Office of Public Instruction shall retain the investigative files as a confidential agency record pursuant to the appropriate retention schedule.

(10) At any time during this process, if the dispute resolution office determines the complaint has been resolved and compliance is achieved, the parties shall be informed and the complaint dismissed.

(11) If within the timelines identified in the Final Report the LEA has not implemented the corrective action required by the final report, the Superintendent of Public Instruction shall take appropriate sanctions against the local educational or public agency. Such sanctions may include:

(a) recommending to the Board of Public Education withholding state education funds;

(b) denial in whole or part IDEA, Part B federal funds; or

(12) Prior to implementing the final report order, and prior to implementing sanctions against the LEA or public agency, and if the LEA or public agency alleges that the office has violated a state or federal special education statute, regulation, or rule in ordering the corrective action required by the final report, the Superintendent of Public Instruction shall provide the local educational or public agency with a hearing in accordance with 34 CFR 76.401, and the Montana Administrative Procedure Act, 2-4-601 through 2-4-711, MCA.

(13) There is no right to appeal a final report issued as a result of a state complaint.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-7-414, MCA
History: NEW, 1984 MAR p. 817, Eff. 5/18/84; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 12/25/07; AMD, 2015 MAR p. 2257, Eff. 12/25/15.

Subchapter 10.16.38 Special Education Funding

Mont. Admin. R. 10.16.3803 Definitions

The following definitions apply to rules affecting the funding of special education programs:

(1) "Advance reimbursement on special education allowable cost payments" means a loan to a district to offset a severe economic hardship caused by exceptional special education costs to the district. This advance on a district's ensuing fiscal year's special education allowable cost payment must be repaid in the ensuing fiscal year.

(2) "Appropriation" means an annual amount set by the Superintendent of Public Instruction for distribution to schools and cooperatives such that:

(a) the amount does not exceed legislative appropriation;

(b) the sum of amounts that are set for each of the fiscal years of a biennial appropriation total the biennial appropriation; and

(3) "Average number belonging" or "ANB" means a student count for each school district that is used for school funding purposes. The count is performed according to ARM 10.20.102, et seq.

(4) "Certified local match" means the local matching funds that a district is required to contribute toward special education costs to avoid any reversions against its special education allowable cost payments. This number is certified by the Superintendent of Public Instruction.

(5) "Cooperative" and "special education cooperative" means a full service education cooperative or joint board established under 20-7-451, MCA, to provide special education services.

(6) "Cooperative administrative costs" means the costs cooperatives incur for operations, maintenance, travel, support services, recruitment, and administration.

(7) "Current fiscal year" means the period between July 1 and June 30 during which calculations for the ensuing fiscal year are made.

(8) "Eligible district" means a district that has a special education program as defined in ARM 10.16.3810.

(9) "Ensuing fiscal year" means the fiscal year for which a calculation is being made.

(10) "Instructional block grant" means the portion of the special education allowable cost payment based on statewide special education instructional expenditures and calculated as a per student rate times the number of students per district.

(11) "Low incidence disability services" means services to students whose disability occurs in less than one percent of the statewide public school population, presents a need for very intensive special education services, and costs for the services exceed the average costs for other students with disabilities.

(12) "Minimum special education expenditure to avoid reversions" means a district's instructional block grant plus a district's related services block grant plus the district's certified required local match. If the district is a participating member of a cooperative, the related services block grant is not included in the minimum special education expenditure to avoid reversions.

(13) "Reimbursement" and "reimbursement for disproportionate costs" mean the portion of the special education allowable cost payment that is calculated based on district's prior special education expenditures to offset disproportionately high special education expenditures.

(14) "Related services block grant" means the portion of the special education allowable cost payment based on statewide special education related services expenditures and calculated as a per student rate times the number of students per district. If a district is a special education cooperative member, this portion of the special education allowable cost payment is awarded to the cooperative.

(15) "Special education allowable cost payment" and "allowable cost payment" means the amount of the state special education appropriation distributed to districts or special education cooperatives for special education programs.

(16) "Special education allowable cost expenditures" means expenditures for certain allowable costs associated with the provision of special education services to a child with disabilities as defined in 20-7-401, MCA.

History

Authorizing statute(s): 20-7-402, 20-7-431, 20-7-457, MCA
Implementing statute(s): 20-7-414, 20-7-431, 20-7-457, 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2011 MAR p. 2262, Eff. 10/28/11.

Mont. Admin. R. 10.16.3804 General Principles of Special Education Funding

(1) Legislative appropriations for special education are administered by the Superintendent of Public Instruction. Expenditures of funds received from the legislative appropriations are limited to certain allowable costs associated with the provision of educational services to children with disabilities. The following general provisions apply to these funds:

(a) Through the block grant system, districts are allowed flexibility in methods of providing special education programs within allowable cost guidelines.

(b) The distribution of the funds is based primarily on current ANB.

(d) Local district contributions, referred to as local match, are required.

(e) Instructional and related services block grants and local matching funds may only be spent for special education allowable costs as approved by the Superintendent of Public Instruction. Instructional block grant funds plus the corresponding local matching funds may be expended for instructional and/or related services. Related services block grant funds plus corresponding local matching funds may be expended for instructional services and/or related services subject to matching requirements for schools that are participating members of a cooperative.

(f) Expenditure of special education allowable costs must be reported using specific accounting codes.

(2) Special education allowable cost expenditures must be reported annually in the trustees' financial summary on forms prescribed and furnished by the Superintendent of Public Instruction.

(3) The Superintendent of Public Instruction shall use the trustees' financial summary to determine the special education allowable cost payments to districts and cooperatives.

History

Authorizing statute(s): 20-7-431, 20-9-321, MCA
Implementing statute(s): 20-7-431, 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.16.3805 Special Education Allowable Cost Limitations

(1) Allowable costs for public school districts for purposes of determining payments are limited to instructional and related service costs and do not include the entire cost of operating a special education program. Allowable costs specifically do not include:

(a) the cost of the teachers' retirement system, the public employees' retirement system, or the federal social security system;

(b) the cost for unemployment compensation insurance;

(c) the cost of any administrative, instructional or teacher aide personnel necessary to meet Montana school accreditation standards;

(d) salaries and benefits for transportation aides employed for assisting students with disabilities;

(e) the on-schedule and over-schedule costs of transportation for special education purposes;

(f) the cost of administrative support personnel, such as clerks and clerical personnel, with the exception of ARM 10.16.3807(1) (c) and 10.16.3808(1) (a) ; and

(g) any overhead costs of operations and maintenance. Examples of overhead costs include, but are not limited to, heat, electricity, repairs and maintenance of building and equipment, minor remodeling, service contracts on equipment, and security services.

(2) Allowable costs for expenditures for salaries and benefits of personnel who serve both regular and special education must be directly proportionate to the time dedicated to special education allowable costs outlined in ARM 10.16.3806 and 10.16.3807. To support the proportion of time charged to special education, districts and cooperatives must maintain documentation such as time and effort reports, class schedules, job descriptions or other support information that will verify the time each person devotes to activities associated with special education allowable costs.

History

Authorizing statute(s): 20-7-431, MCA
Implementing statute(s): 20-7-431, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3806 Special Education Allowable Costs--Instructional Services

(1) Allowable costs associated with instruction of students with disabilities include:

(a) salaries and benefits, not excluded in ARM 10.16.3805, for qualified special education teachers and special education teacher aides for the proportion of time spent providing services to students with disabilities. This includes time spent:

(i) in activities associated with structured support and assistance to regular education teachers to identify and meet diverse student needs; and

(ii) providing or receiving inservice training on the provision of special education services;

(b) teaching supplies and text books necessary to implement an IEP for a student with disabilities;

(c) the purchase, rental, repair and maintenance of instructional equipment and assistive technology required to implement an IEP for a student with disabilities;

(d) contracted services, including fees paid for professional advice, training and consultation regarding students with disabilities or their programs and the delivery of special education instructional services by public or private agencies;

(e) payments made to a cooperative for the instructional services;

(f) transportation costs for:

(i) special education instructional personnel who travel on an itinerant basis from school to school or district to district for the provision of instructional services;

(ii) travel to in-state evaluation report team meetings or in-state IEP meetings;

(iii) in-state travel related to activities associated with structured support and assistance to regular education teachers in identifying and meeting diverse student needs; and

(iv) travel for providing or receiving inservice training on the provision of special education services.

History

Authorizing statute(s): 20-7-431, MCA
Implementing statute(s): 20-7-431, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2019 MAR p. 1371, Eff. 8/24/19.

Mont. Admin. R. 10.16.3807 Special Education Allowable Costs--Related Services

(1) Allowable costs associated with the provision of related services to students with disabilities include:

(a) salaries and benefits, not excluded in ARM 10.16.3805, for licensed or certified professional support personnel who meet the qualifications in ARM 10.16.3136, for supervisors of special education, speech language pathologists, audiologists, counselors, social workers, school psychologists, physicians, nurses, physical and occupational therapists and other professional persons meeting the requirements for the profession or discipline responsible for delivery of a special education related service for the proportion of time spent:

(i) providing services for students with disabilities;

(ii) providing supervision of special education programs;

(iii) in activities associated with structured support and assistance to regular education teachers in identifying and meeting diverse student needs; and

(iv) providing or receiving inservice training on the provision of special education services;

(b) salaries and benefits, not excluded in ARM 10.16.3805, for support personnel aides for the proportion of time spent:

(i) providing services for students with disabilities;

(ii) in activities associated with structured support and assistance to regular education teachers in identifying and meeting diverse student needs; and

(iii) providing or receiving inservice training on the provision of special education services;

(c) salaries and benefits, not excluded in ARM 10.16.3805, for clerical personnel who assist professional support personnel, corresponding to the proportion of time spent providing assistance to professional support personnel;

(d) the cost of supplies for professional support personnel;

(e) contracted services of public or private agencies, including fees paid for professional advice, training and consultation regarding students with disabilities or their program, and the delivery of special education services;

(f) payments made to a cooperative for the provision of related services;

(g) transportation costs for professional support personnel who:

(i) travel on an itinerant basis from school to school or district to district for the provision of related services;

(ii) travel to in-state child study team meetings or in-state individualized education program meetings;

(iii) in-state travel related to activities associated with structured support and assistance to regular education teachers in identifying and meeting diverse student needs; and

(iv) travel for providing or receiving inservice training on the provision of special education services;

(h) equipment purchase, rental, repair, and maintenance required to:

(i) implement the related service portion of a student's individualized education program; and

(ii) fulfill reporting and record keeping requirements of evaluation and the provision of related services.

History

Authorizing statute(s): 20-7-431, MCA
Implementing statute(s): 20-7-431, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.16.3808 Special Education Allowable Costs--Cooperatives

(1) Special education allowable costs for cooperatives include all allowable costs in ARM 10.16.3806 and 10.16.3807 and the additional cost of the operation of the cooperative. These additional costs allowed exclusively for a cooperative are:

(a) costs associated with support services including, but not limited to, administration, advertising, recruitment, communication such as postage, telephone, printing, clerk services, audit services and liability insurance;

(b) costs associated with operation and maintenance including, but not limited to, custodial salaries and benefits, heat, utilities, supplies and expenses, replacement parts, rent, purchase of real property, labor negotiations/ representations, omissions and errors insurance, fire insurance and property insurance.

History

Authorizing statute(s): 20-7-431, MCA
Implementing statute(s): 20-7-431, 20-7-451, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3809 Cooperative Boundaries

(1) Boundary lines of cooperatives established for the provision of special education services are defined by the Superintendent of Public Instruction based on consultation with regional representatives.

(a) No more than 23 special education cooperatives may be established.

(b) All districts are included within the boundaries of a special education cooperative but are not required to be a participating member of that cooperative.

(c) The special education cooperative boundaries shall be established so that the districts included within the boundaries are contiguous.

(d) A district may become a member only of the cooperative within which boundaries it lies.

(2) The Superintendent of Public Instruction shall maintain an official Montana school district data file with districts identified within the cooperative boundary consistent with the requirements of 20-7-457 , MCA.

(3) Districts or cooperatives requesting a change to the boundary lines must provide a written request to the Superintendent to change the boundary lines. The written request must clearly describe the proposed boundary line and the reasons for the requested change.

(4) The request for change must be provided to the Superintendent of Public Instruction no later than October 1 to be in effect for the ensuing fiscal year.

(5) Prior to making the change, the Superintendent will notify and request comment from all districts within the boundaries of each affected cooperative.

(6) The Superintendent must approve any boundary changes prior to January 1 in order to be in effect for the ensuing fiscal year.

(7) All changes must comply with the conditions in (1).

(8) Boundary changes for districts already participating in a cooperative must occur on timelines consistent with the district's commitment for participation in the cooperative as specified in the interlocal agreement, unless the changes:

(a) result in the creation of a new cooperative;

(b) result in the merging of existing cooperatives; or

(c) are approved by a majority of the trustees in each school district directly affected and approved by the majority of the management board of each affected cooperative.

History

Authorizing statute(s): 20-7-457, MCA
Implementing statute(s): 20-7-457, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.16.3810 Eligibility to Receive Payment

(1) A district is eligible to receive a special education allowable cost payment for the ensuing fiscal year if it has a special education program. A school district has a special education program if it:

(a) has a resident student reported on the current fiscal year special education child count;

(b) is participating in a cooperative; or

(c) has a written agreement with another public school district or cooperative to provide a special education program in the event a student in need of special education enrolls in the district.

(2) Any residential treatment facility or children's psychiatric hospital that provides education services under contract with the Superintendent of Public Instruction is not eligible to receive special education allowable cost payments.

(3) Nonoperating districts are eligible for reimbursement of disproportionate costs.

(4) A cooperative meeting the requirements of 20-7-457, MCA, is eligible to receive the related services block grants for member districts and an additional amount for administrative and travel costs.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-7-414, 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2007 MAR p. 678, Eff. 5/25/07.

Mont. Admin. R. 10.16.3811 General Principles of the Special Education Allowable Cost Payment Calculation

(1) For purposes of calculating statewide allowable cost amounts, the Superintendent of Public Instruction shall use the most current information available as the basis for calculating the special education allowable cost payments for the ensuing fiscal year. If material differences in statewide factors used in the calculation are documented or legislative changes occur regarding the calculation, the Superintendent of Public Instruction may recalculate and notify all districts and counties. Current ANB will be used in the payment calculation for the purpose of reflecting relative district and program size. Use of ANB does not limit the age range for fund expenditures.

(2) The special education allowable cost payments consist of instructional block grants, related services block grants, reimbursements for disproportionate costs and cooperative administrative and travel amounts.

(3) The statewide special education allowable cost payments to districts and cooperatives may not exceed the legislative appropriation available for special education allowable costs.

(4) The special education allowable cost payment calculation distributes appropriations according to the following formula:

(a) 52.5% through instructional block grants;

(b) 17.5% through related services block grants;

(d) 5% to special education cooperatives for administration and travel.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.16.3812 Calculation of Special Education Allowable Cost Payments

(1) The instructional services block grant rate for the ensuing fiscal year is calculated by multiplying the state special education appropriation by .525 and dividing by the ensuing year statewide current ANB of eligible districts, truncated to two decimal places.

(2) The related services block grant rate for the ensuing fiscal year is calculated by multiplying the state special education appropriation by .175 and dividing by the ensuing year statewide current ANB of eligible districts, truncated to two decimal places.

(3) A district's eligibility to receive reimbursement for disproportionate costs for the ensuing fiscal year is calculated as follows for each district that is eligible per ARM 10.16.3803:

(a) sum the district's prior fiscal year special education state allowable cost expenditures for instructional and related services;

(b) from (3) (a) subtract the district's prior fiscal year minimum special education expenditure to avoid reversions;

(d) if the result of (3) (b) is greater than zero, a district may receive reimbursement for disproportionate costs provided that the district's rate of expenditures calculated by dividing (3) (a) by the district's prior fiscal year minimum special education expenditure to avoid reversion reaches the threshold for eligibility based on the following formula:

(i) multiply the state special education appropriation by .25;

(ii) for all districts where the result of (3) (b) is greater than zero, sum the results of (3) (b) and multiply by .40;

(A) if (3) (d) (i) equals (3) (d) (ii) , the threshold for eligibility is 1.00, and the district shall be reimbursed $0.40 for each dollar calculated in (3) (b) ;

(B) if (3) (d) (i) exceeds (3) (d) (ii) , the threshold for eligibility is 1.00. The .40 multiplier in (3) (d) (ii) shall be increased to a multiplier which causes the result of (3) (d) (ii) to equal (3) (d) (i) , and the district shall be reimbursed at that multiplier for each dollar calculated in (3) (b) ;

(C) if (3) (d) (ii) exceeds (3) (d) (i) , the threshold rate in (3) (d) (ii) shall be increased to a percent which causes the result of (3) (d) (ii) to equal (3) (d) (i) . The district shall be reimbursed $.40 for each dollar calculated in (3) (a) that exceeds the amount calculated by multiplying the threshold rate times the district's prior year special education spending to avoid reversion.

(4) The statewide amount for cooperative administration and travel is calculated by multiplying the state appropriation by .05. This figure is distributed to cooperatives under the following two components:

(a) to calculate administration:

(i) multiply the figure in (4) by .60;

(ii) divide (4) (a) (i) by the ensuing year's current ANB for all participating districts in all approved cooperatives to determine per ANB rate;

(iii) multiply (4) (a) (ii) by the cooperative's ensuing year's current ANB from member districts.

(b) to calculate travel:

(i) multiply the figure in (4) by .40;

(ii) use the following factors to distribute, on a weighted basis, the figure from (4) (b) (i) among approved cooperatives (weight assigned to each cooperative is determined by dividing the number of rural miles within the boundaries of a cooperative by the total current ANB of member districts within the cooperative and add to that figure the number of member districts and full-time equivalent of itinerant personnel in the cooperative) ;

(A) the number of member districts;

(B) the number of full-time equivalent reported for itinerant personnel on the most current annual data collection report;

(D) the number of road miles within the boundaries of the cooperative.

(5) Cooperatives shall report staff information to the Superintendent of Public Instruction on the annual data collection report. Annual membership information and any additional information needed to administer the provisions of 20-9-321 , MCA, shall be reported on forms provided by the Superintendent of Public Instruction. Cooperatives shall notify the Superintendent of Public Instruction of any revisions to the annual data collection report or membership information by February 1.

(6) The Superintendent of Public Instruction calculates an eligible district's special education allowable cost payment for the ensuing fiscal year by multiplying the instructional block grant rate by the district's ensuing fiscal year current ANB, adding the related services block grant rate multiplied by the district's ensuing fiscal year current ANB, adding the district's reimbursement for disproportionate costs, if applicable. If the district is a participating member of a cooperative, the special education allowable cost payment will not include the related services block grant.

(7) A cooperative's special education allowable cost payment for the ensuing fiscal year consists of the cooperative travel and administration amounts plus the related services block grants of districts who are participating members of the cooperative.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.16.3813 Local Matching Funds

(1) Districts must provide local matching funds for special education to ensure that the districts pay at least one dollar for every three dollars of state special education allowable cost funds distributed in the form of instructional and related services block grants. The Superintendent of Public Instruction will provide to districts certified reports of required local match amounts.

(2) The Superintendent of Public Instruction will determine from district prior fiscal year trustees' financial summary reports if local match has been met.

(a) Demonstration that local match contributions have been made is determined by totaling the prior fiscal year special education allowable cost expenditures, defined in ARM 10.16.3806 and 10.16.3807, as reported on the annual trustees' financial summary for the general fund, the impact aid fund, the metal mines tax reserve fund and state mining impact fund. Those prior fiscal year expenditures must equal or exceed the district's minimum special education expenditures to avoid reversion for the prior fiscal year.

(3) Districts that are participating members of a cooperative must provide the required local related services block grant match, as certified by the superintendent, to their cooperative. This amount ensures that the districts pay at least one dollar for every three dollars of the districts' share of the related services block grant funds. The cooperatives' allowable cost expenditures from these funds is not limited to related services.

(a) A district's local related services block grant match for cooperative use may be demonstrated by:

(i) transfer of at least the required amount from the district general fund or impact aid fund to the cooperative; or

(ii) completion of a written agreement between the district and the cooperative that states the manner in which the contribution will be made, if different from (i) . This written agreement must be on file with the cooperative.

(b) At the close of each fiscal year, cooperatives must certify to the Superintendent of Public Instruction that each member district provided its required related services block grant match to the cooperative.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3814 Advance on Special Education Allowable Cost Payments

(1) A district may be eligible for an advance on its special education allowable cost payment if it experiences severe economic hardship because of exceptional special education costs.

(2) Application for an advance on a special education allowable cost payment must be made to the Superintendent of Public Instruction in writing and include requested documentation.

(3) The Superintendent of Public Instruction will determine eligibility for an advance on a district's special education allowable cost payment based upon the following requirements:

(a) The Superintendent of Public Instruction has funds available to meet the advance request.

(b) The exceptional special education costs are an unforeseen need of the district that cannot be postponed until the next school year without dire consequences affecting the ability to provide a free appropriate public education to its students with disabilities.

(d) Other revenues are not available to the district that could address the unforeseen cost, including:

(i) district reserves;

(ii) available cooperative funds;

(iii) Individuals with Disabilities Education Act, Part B funds; and

(iv) cash available in other funds of the district.

(e) The exceptional special education costs combined with budgeted special education allowable cost expenditures exceed 110 percent of the current fiscal year minimum special education budget to avoid reversion.

(4) Payments are for the fiscal year in which the actual costs are incurred.

(5) The amount of the advance will reduce the ensuing fiscal year's special education allowable cost payment by a like amount. If the district's special education allowable cost payment in the ensuing fiscal year is not sufficient to repay the advance, the district will repay the advance to the state by warrant no later than December 31 in the fiscal year following the advance.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3815 Special Education Transfers and Payments to Other Districts and Cooperatives

(1) To meet its obligation to provide services for students with disabilities, a district may establish its own special education program, participate in a full service cooperative for special education services established under 20-7-451 , MCA, or enter into an interlocal agreement, as defined in Title 7, chapter 11, part 1, MCA, with another district.

(2) If a district chooses to enter into an interlocal agreement with another district to receive special education services, it may pay its state special education allowable cost payment, required block grant match and additional costs of providing services to the providing district on a reimbursement basis.

(a) The payment must be deposited to the miscellaneous programs fund or the interlocal agreement fund of the district providing services.

(b) The receipt and expenditure of the money by the district providing special education services must be identified on the accounting records using a project reporter number.

(i) The accumulated balance in the project account must be zero by June 30th of each fiscal year. That is, receipts must equal total expenditures.

(ii) Any amounts received but not obligated must be returned to the paying district by June 30th and recorded as an expenditure abatement by the paying district and a revenue abatement by the district providing the service.

(3) When a full service cooperative for special education services established under 20-7-451 , MCA, contracts with a district to provide special education instructional and related services:

(a) payment received by a district from a cooperative must be deposited in the district's miscellaneous programs fund; and

(b) the receipt and expenditure of the money must be identified on the accounting records using a project reporter number.

(i) The accumulated balance in the project account must be zero by June 30th of each fiscal year. That is, receipts must equal expenditures.

(ii) Any amounts received but not obligated must be returned to the paying cooperative by June 30th and recorded as an expenditure abatement by the cooperative and a revenue abatement for the district providing the service.

(4) Expenditures of special education money received as payment for services provided to other districts or cooperatives or transferred from another district or cooperative will not be considered in determining the reimbursement for disproportionate costs under 20-9-321 , MCA.

(5) In accordance with 20-9-507 , MCA, any special education resource transferred from a district or cooperative to another district and deposited in the miscellaneous program fund must be used for special education. In no event may the transfer from a cooperative to a district circumvent the match requirement.

History

Authorizing statute(s): 20-7-431, MCA
Implementing statute(s): 20-7-431, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD, 1998 MAR p. 1719, Eff. 6/26/98; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3816 Distribution of Special Education Allowable Cost Payments

(1) The state will distribute the special education allowable cost payments to districts and cooperatives at the same time direct state aid payments are made under 20-9-344 , MCA.

(2) A district's instructional and related services block grants are based on current ANB.

(a) Except as provided in (2) (b) , subsequent increases or decreases in ANB after the final budget is adopted will not increase or decrease the district's block grant funding.

(b) In cases of significant adjustments in ANB, the Superintendent of Public Instruction may require adjustment of the block grant funding.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.16.3817 Special Education Funding Reversion

(1) If at fiscal year end school district special education allowable cost expenditures do not equal or exceed the amount of special education instructional and related services block grant funds plus required local match, as indicated by the annual trustees' financial summary, the district is required to revert the unspent portion of the special education allowable cost payment in the ensuing fiscal year. The unspent balance of state special education allowable cost funding cannot be used to reduce local levies or to increase the operating reserves, but must be used to reduce the state special education allowable cost payment of the district for the ensuing fiscal year through the reversion calculation described in (3). If special education allowable cost payments are not received by that district in the ensuing fiscal year, the district must return the unspent portion by warrant by December 31.

(2) For purposes of determining the special education funding reversion required by 20-9-321, MCA, the expenditure information provided on the trustees' annual financial report will be used.

(3) The reversion will be calculated as follows:

(a) Calculate the district's total prior fiscal year expenditures of allowable costs in accordance with 20-7-431, MCA, and ARM 10.16.3806 and 10.16.3807.

(b) Subtract the district's total prior fiscal year expenditures calculated in (3)(a) from the district's prior fiscal year minimum special education expenditure to avoid reversion as defined in ARM 10.16.3803.

(d) If (b) is greater than zero, the required reversion amount is calculated by multiplying (b) by a factor that ensures that the district has paid a minimum of one dollar for every three dollars of state special education funds.

(4) Revisions to the annual trustees' financial summary report must be made in accordance with ARM 10.10.504. Revisions to the annual trustees' financial summary report made by the district after December 10 of the ensuing fiscal year, will not be considered in calculating the reversion amount. The Superintendent of Public Instruction may accept the adjustments after those dates for unusual circumstances.

(5) A district participating in a cooperative must provide to the cooperative the required related service matching funds as certified by the Superintendent of Public Instruction. Failure to provide the match by June 30 of the fiscal year for which the related services block grant was established will cause the participating district to lose eligibility for future membership in the cooperative at the end of the three year participation cycle as defined in ARM 10.16.3901 and may affect the terms of the cooperative's interlocal agreement.

History

Authorizing statute(s): 20-9-321, MCA
Implementing statute(s): 20-9-321, MCA
History: NEW, 1995 MAR p. 356, Eff. 3/17/95; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.16.3818 Special Education Tuition Rates

(1) To be eligible to charge tuition for special education services, a district must provide a special education program that complies with Board of Public Education policies and is approved by the Superintendent of Public Instruction.

(a) Districts may not charge a parent or guardian tuition for a student with disabilities.

(b) For discretionary out-of-district attendance agreements, districts may not discriminate on the basis of disability in the approval or disapproval per 20-5-320, MCA.

(2) The maximum tuition rate for students with disabilities is the general education tuition rate established in ARM 10.10.301, reduced by any waivers that a district must apply equally to all students whose tuition is paid by the same type of entity, plus the additional charges as calculated in (3), that apply to districts only.

(3) A school official of the district of attendance must use one of the options defined below to determine the maximum amount which may be charged to the resident district for students with disabilities in addition to the general education tuition rate:

(a) Option A: The additional charge must be calculated by determining the number of hours during which direct special education and related services are being provided each week, as established on the student's individualized education program (IEP). If the total hours are less than 15 (7 1/2 for half-time kindergarten), tuition may not exceed the general education tuition rate. If the total hours per week are 15 (7 1/2 for half-time kindergarten) or more, the total hours will be divided by 30 (the average number of school hours per week, 15 for half-time kindergarten), and multiplied by the maximum general education tuition rate in ARM 10.10.301 to determine the amount which may be added to the rate in ARM 10.10.301.

(b) Option B: The actual unique costs of services provided to the student ages 3 to 21 as per the individualized education program (IEP), less 120% of the tuition per-ANB rate defined in 20-5-323(7), MCA, and less the per ANB special education block grants received by the district, may be added to the rate in ARM 10.10.301 if the county superintendent determines all of the following factors are present:

(i) the allowable special education costs for that student exceed the rate determined under Option A;

(ii) the costs are for special education and related services unique to the student, including specialized one-on-one staff, specialized equipment, and supplies and excluding:

(A) the costs for removal of architectural barriers;

(B) prorated costs of ordinary special education services such as teachers' salaries and benefits; and

(c) Option C: For specialized school district programs which provide concentrated services for significant numbers of students with low incidence disabilities, including nonresident students who enroll in the district of attendance specifically to attend the program, the estimated total per-pupil cost of the program including administrative operating costs, less 120% of the maximum per ANB rate established in 20-9-306(1), MCA, for the year of attendance and less the per ANB special education block grants received by the district, may be added to the rate in ARM 10.10.301, provided:

(i) such services provided in any multidistrict program must be determined by the student's IEP team and cannot be based solely on the student's identified low incidence disability;

(ii) the district of attendance has submitted a written description of the program and the Office of Public Instruction has provided written approval for the district of attendance to apply the Option C special education tuition add-on rate for nonresident students of the program;

(iii) the district of attendance does not pass program costs for resident students on to parties paying nonresident student tuition;

(iv) the district of attendance uses any unreserved balance after operating the prior year's special education program for low incidence disabilities to defray the ensuing year's program costs used to determine the tuition rate; and

(v) the total per-pupil cost of operating the program is determined based on the estimated average number of students expected to participate in the program for the following year.

(4) The special education tuition rate calculation should be prorated for the portion of the year the student is enrolled in special education services in the district of attendance, based on the percentage found when the number of days the student was enrolled is divided by 180.

(5) When a student's IEP requires special education or related services beyond the 180-day school year, the school district of attendance providing services may initiate an attendance agreement or amend an existing agreement to provide tuition that covers the additional extended year period by prorating the actual cost on a daily or hourly basis.

History

Authorizing statute(s): 20-5-323, 20-9-201, MCA
Implementing statute(s): 20-5-320, 20-5-321, 20-5-323, 20-5-324, 20-9-306, MCA
History: NEW, 1988 MAR p. 714, Eff. 4/15/88; AMD, 1990 MAR p. 717, Eff. 4/13/90; AMD, 1992 MAR p. 211, Eff. 2/14/92; AMD, 1992 MAR p. 1365, Eff. 6/26/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2011 MAR p. 2262, Eff. 10/28/11; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.16.3819 Contested Cases

(1) Contested cases regarding tuition calculation will be addressed through the procedures for all school controversy contested cases before the county superintendents of the state of Montana.

History

Authorizing statute(s): 20-3-107, MCA
Implementing statute(s): 20-3-210, MCA
History: NEW, 1988 MAR p. 714, Eff. 4/15/88; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3820 Transportation for Special Education Students with Disabilities

(1) Specialized student transportation, for students with disabilities, to and from school is not a special education allowable cost. Budget authority for transportation of students with disabilities must be established in the transportation fund of the local school district and must follow the budgeting procedures established in the Montana School Accounting Manual.

History

Authorizing statute(s): 20-7-402, MCA
Implementing statute(s): 20-7-403, 20-10-145, MCA
History: NEW, 1977 MAR p. 315, Eff. 8/26/77; ARM Pub. 11/26/77; AMD, 1983 MAR p. 1668, Eff. 11/11/83; AMD, 1992 MAR p. 213, Eff. 2/14/92; AMD, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3821 Definitions

The following definitions apply to this subchapter.

(1) "Appropriate educational opportunity" has the meaning as defined in 20-7-436, MCA.

(2) "Children's psychiatric hospital" has the meaning as defined in 20-7-436, MCA.

(3) "Eligible child" has the meaning as defined in 20-7-436, MCA.

(4) "Qualifying facility" has the meaning as defined in 20-7-436, MCA.

(5) "Residence" means an eligible child's residence, as determined by application of 20-5-322, MCA.

(6) "Residential treatment facility" has the meaning as defined in 20-7-436, MCA.

(7) "Serious emotional disturbance" has the meaning as defined in ARM 37.87.102.

(8) "Therapeutic group home" has the meaning as defined in 20-7-436, MCA.

History

Authorizing statute(s): 20-7-419, MCA
Implementing statute(s): 20-7-419, 20-7-436, MCA
History: NEW, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.16.3822 Tuition Responsibility to Qualifying Facilities

(1) The Office of Public Instruction (OPI) is responsible for a portion of the cost of an eligible child's education when the eligible child is a Montana resident and placed in a qualifying facility, which may or may not be in the eligible child's district of residence.

(2) The OPI is not responsible for any portion of the cost of a child's education if the child does not have residence in the state of Montana, except as may be specifically provided in statute.

(3) If a Montana state agency, parent, or legal guardian places a child in an out-of-state school or out-of-state facility, the placing state agency, parent, or legal guardian must negotiate and fund the care and education of the child.

(4) For a child placed in a qualifying facility, the tuition rate paid by the child's district of residence is calculated in accordance with 20-7-435(3)(c). MCA.

(5) Any entity receiving funding from the OPI must complete required reporting using a format determined by the OPI.

History

Authorizing statute(s): 20-7-419, MCA
Implementing statute(s): 20-7-403, 20-7-419, 20-7-420, 20-7-435, 20-7-436, MCA
History: NEW, 2024 MAR p. 2182, Eff. 9/21/24.

Mont. Admin. R. 10.16.3823 Qualifying Facility Reimbursement Payments

(1) To be eligible for a reimbursement payment, a qualifying facility must provide an eligible child with an appropriate educational opportunity in a cost-effective manner and must be under contract with the Office of Public Instruction (OPI). The facility must:

(a) submit educational data for each eligible child in accordance with special education program requirements, submitted on a form prescribed by the OPI;

(b) within 60 days, submit to a requested audit;

(2) The qualifying facility must provide information in an annual collection of financial data submitted to the OPI by December 1 each year on a form prescribed by the OPI for the prior fiscal year ending June 30. The OPI must make the final determination of the allowable costs, including calculation of the number of school days.

(a) Information to be submitted must include, but may not be limited to:

(i) all reported expenditures allocated between education and treatment;

(ii) allowable costs, which may include:

(A) the cost of salaries and benefits of necessary positions by position type;

(B) the necessary operating expenses;

(D) the average enrollment expected in the ensuing year; and

(E) the number of school days in the fiscal year; and

(iii) the published or management approved financial statements for the fiscal year ended June 30.

(b) Costs the qualifying facility would expend if it were not providing appropriate educational opportunities to eligible children are not allowable costs. These include, but may not be limited to, administrative costs, food and food preparation costs, human resources, information technology, and janitorial services.

(3) The OPI may allow an indirect cost recovery factor.

(a) Total expenditures may include the finalized expenditures plus an indirect cost recovery factor determined by the OPI.

(b) Except if the OPI approves in advance a qualifying facility's subcontracting of appropriate educational opportunities to eligible children, no other indirect cost recovery may be reimbursed.

(4) The daily rate under 20-7-435, MCA, must be calculated as follows:

(a) the total daily rate is calculated by dividing the education expenditures by enrollment and dividing by the number of school days;

(b) the rate paid by the district of residence is 40% of the tuition per average number belonging (ANB) amount divided by 180, in accordance with 20-7-435(3), MCA;

(d) the daily rate will be calculated and determined by the OPI.

(5) Daily rates must be based upon a minimum of a 6-hour day for eligible children in grades 4 through 12, a 4-hour day for eligible children in grades 1 through 3, and a 2-hour day for eligible children in preschool through kindergarten.

(6) The qualifying facility is responsible to invoice the district of residence by July 15 of each year. The district of residence is responsible to pay one-half of tuition owed by December 31 and the remaining amount by June 15.

(7) The qualifying facility must data enter and submit the eligible children in the MAEFAIRS system by the tenth day of each month. Weekends and holidays are included in the determination of the ten days, but if the tenth day falls on a holiday or weekend, a claim received by the OPI on the next working date will be considered timely. The OPI may review submissions for accuracy and completeness before remitting a reimbursement payment. Any additional information or clarifications requested by the OPI must be resolved by the qualifying facility before reimbursement payment may be remitted.

History

Authorizing statute(s): 20-7-419, MCA
Implementing statute(s): 20-7-403, 20-7-419, 20-7-435, 20-7-436, MCA
History: NEW, 2024 MAR p. 2182, Eff. 9/21/44.

Subchapter 10.16.39 Special Education Cooperatives

Mont. Admin. R. 10.16.3901 Duration of Cooperative

(1) The interlocal agreement creating a special education cooperative must require participating districts to remain members for a term of at least three state fiscal years which have an effective date of July 1.

(2) Notification of intent to withdraw from a cooperative shall be provided no later than October 1 of every third fiscal year of the district's commitment of participation.

History

Authorizing statute(s): 20-7-457, MCA
Implementing statute(s): 20-7-452, MCA
History: NEW, 1990 MAR p. 1252, Eff. 6/29/90; AMD, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3902 Management Board

(1) The management board is responsible for administering the cooperative and is comprised of trustees of the participating districts or their authorized representatives.

(2) Designation of the representative shall be by formal action taken annually. Formal action shall be in the form of a resolution of the trustees of a participating district which names one of the trustees or an authorized representative to serve on the management board. The same person may be the authorized representative of more than one board of trustees.

(3) The interlocal agreement shall specify the voting powers of the member districts.

History

Authorizing statute(s): 20-7-457, MCA
Implementing statute(s): 20-7-452, MCA
History: NEW, 1990 MAR p. 1252, Eff. 6/29/90; AMD, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3903 Nonparticipating Districts

(1) The interlocal agreement shall require annual notification of opportunity to join to nonparticipating districts within the geographic boundary of the cooperative. This annual notification must be provided to nonparticipating districts no later than October 1 of each fiscal year and must require response within 60 days from those districts who wish to join.

History

Authorizing statute(s): 20-7-457, MCA
Implementing statute(s): 20-7-452, MCA
History: NEW, 1990 MAR p. 1252, Eff. 6/29/90; AMD, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

Mont. Admin. R. 10.16.3904 Procedures for Approval

(1) A draft of a new or amended interlocal agreement shall be submitted to the Superintendent of Public Instruction for review and approval. Upon approval, the cooperative contract shall be filed with the county Clerk and Recorder of the county or counties in which the school districts involved are located and with the Secretary of State.

History

Authorizing statute(s): 20-7-457, MCA
Implementing statute(s): 20-7-453, 20-7-454, MCA
History: NEW, 1990 MAR p. 1252, Eff. 6/29/90; AMD, 1995 MAR p. 356, Eff. 3/17/95; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2010 MAR p. 1076, Eff. 4/30/10.

Subchapter 10.16.40 Education Savings Accounts

Mont. Admin. R. 10.16.4001 Education Savings Accounts (esa)

(1) Application process:

(a) Two time periods each year are established during which a student's parent, as defined in 20-7-1703, MCA, may notify the superintendent of public instruction of their intent for their student to participate in the program through the ESA application process. Those two time periods are established as May 1 through June 1 and November 1 through December 1.

(2) Student Eligibility:

(a) Eligibility under the qualified student requirements will be determined through the secure application process located on the Office of Public Instruction (OPI) website. A parent must provide all necessary documentation required in the application process and meet the disability, age, and enrollment requirements of 20-7-1703, MCA, and 20-7-1706, MCA; and

(b) OPI will notify the parent within 30 days of the close of the application window of their student's eligibility for the program.

(3) ESA Contract:

(a) Once OPI determines that the student is qualified and eligible for the ESA program, OPI will send a contract to that student's parent for the parent to execute and return to OPI; and

(b) prior to the parent requesting any reimbursement, the ESA contract must be completed by all parties. Contracts must be executed and returned to OPI no later than July 15 and January 15, or the applicant must re-apply during the next application period.

(4) The ESA student amount will be calculated per the formula established in 20-7-1703(2), MCA. The amount is calculated as the sum of:

(a) Data-for-achievement payment under 20-9-306, MCA;

(b) Indian Education For All payment under 20-9-306, MCA;

(d) per-ANB entitlement amount under 20-9-306, MCA, multiplied by the ratio of school district adopted budget to district maximum general fund budget in the prior year in the district in which the student is included in for the ANB purposes under the program.

(5) Notification:

(a) OPI will provide ESA calculations related to participating students to each affected resident school district before the August and January school base aid payments are made. If OPI terminates a student from the ESA program in accordance with 20-7-1706(3), MCA, OPI will notify the affected resident district within 20 days of the termination date.

(6) Accounting guidance:

(a) The school districts must remit the funds to OPI based on the allocation calculation related to the prior month BASE aid distribution received by the school district. School districts shall remit to the OPI the amount calculated for each participating student by no later than the tenth of the month following each BASE aid distribution. OPI will provide guidance to the affected resident school districts on the method for remitting the required funds to OPI.

(7) Trust account:

(a) 95% of the money is to be deposited in the ESA trust fund account for each student and 5% of the money is to be deposited in the ESA administration state special revenue account; and

(b) Any trust interest that is earned will be accounted for individually for each education savings account.

(8) Reimbursement procedure:

(a) OPI will provide each participating student's parent with both electronic and paper processes to reimburse the parent for the purchase of allowable educational resources from a student's trust account. Payments may not be made that exceed the available balance in each student account. Reimbursement requests that exceed the current available balance may be distributed as partial reimbursements over multiple months as funds are deposited into the account following each BASE aid remittance as set forth in (6)(a).

History

Authorizing statute(s): 20-7-1706, MCA
Implementing statute(s): 20-7-1704, 20-7-1706, MCA
History: NEW, 2024 MAR p. 2052, Eff. 8/24/24.

Chapter 10.20 Average Number Belonging (anb)

Subchapter 10.20.1 Anb

Mont. Admin. R. 10.20.102 Calculation of Average Number Belonging (anb)

(1) A school must receive accreditation from the Board of Public Education before the pupils attending the school are eligible for ANB calculation purposes and for determining the BASE funding program for the district.

(2) The Superintendent of Public Instruction shall determine the appropriate budget units for the ANB calculation and the BASE funding program for the district. The enrollment generated by a budget unit that is subsequently closed shall be added to the enrollment of another budget unit of the district for the first year after the closing of a budget unit if students are enrolled in the other budget unit.

(3) If the school district has not received accreditation by the Board of Public Education for students in grades 7 and 8 funded at the high school per-ANB entitlement rate, the Superintendent of Public Instruction shall certify the regularly enrolled 7th and 8th grade students as elementary pupils for ANB purposes. The school district must budget accordingly.

(4) The official count of enrolled students, as defined in ARM 10.15.101, is taken on the first Monday in October and the first Monday in February, or the next school day if those dates do not fall on a school day. Changes to the October enrollment count will not be accepted after December 31 except in cases of significant reporting error, as determined by the Superintendent of Public Instruction.

(a) A school district may not count as enrolled for purposes of ANB calculations a student who has been absent for the 11th consecutive pupil instruction day immediately prior to and including the official count date.

(b) A school district may not count as enrolled on the count date a student who:

(i) has enrolled in another public school district;

(ii) will not resume attendance according to notification received by the district;

(iii) has had records transferred to another school; or

(iv) is otherwise unable to continue in attendance.

(5) After a student is dropped from the rolls in accordance with (4)(b), student absences will not be included for absence and attendance calculations, and student enrollment may not be considered in ANB calculations unless attendance is resumed on or before the date of the official count.

(6) For calculation of average daily attendance (ADA), a school district will report the number of enrolled students who are present and the number of enrolled students who are absent on the official fall and spring disaggregated enrollment and attendance data collection days.

(7) For purposes of the enrollment count described in (4):

(a) a student who has reached the age of five on or before September 10 and is enrolled in a kindergarten program but is receiving services in a preschool environment pursuant to an individualized education program (IEP), is included in eligibility for purposes of ANB.

(b) a kindergarten student enrolled in a program designed to provide less than 180 hours of pupil instruction time per school year is reported as enrolled but is excluded from eligibility for purposes of ANB. A kindergarten student enrolled in a program designed to provide 180 hours or more of pupil instruction time per school year is reported as enrolled and is included in eligibility for purposes of ANB.

(i) less than 180 hours of pupil instruction time per school year is reported as enrolled but is excluded from eligibility for purposes of ANB;

(ii) 180 to 359 hours of pupil instruction time per school year is reported as one-quarter time enrolled;

(iii) 360 to 539 hours of pupil instruction time per school year is reported as half-time enrolled;

(iv) 540 to 719 hours of pupil instruction time per school year is reported as three-quarter time enrolled; and

(v) 720 or more hours of pupil instruction time per school year is reported as full-time enrolled.

(8) Homebound students, as defined in ARM 10.15.101, and students who are confined to a treatment, medical, or custodial facility may be counted as enrolled on the count dates for ANB purposes if the student:

(a) is enrolled as defined in ARM 10.15.101 and is currently receiving organized and supervised pupil instruction as defined in 20-1-101, MCA;

(b) is in a home or facility which does not offer a regular educational program; and

(9) A student enrolled in a course providing less than the required aggregate hours of pupil instruction who has demonstrated proficiency in the course content may be counted as enrolled and included in the calculation for ANB. The ANB for the student must be converted to an hourly equivalent based on the hours of instruction ordinarily provided for the course content.

(10) Trustees may apply for increased ANB for a student placed by the trustees, a state agency, or court in an accredited private education program if the trustees enter into a contract as provided in ARM 10.20.106.

(11) Extenuating circumstances for students who do not meet the criteria in (8)(a) through (c) but which would support a variance should be submitted to the Superintendent of Public Instruction by a responsible school official prior to the official enrollment count date for consideration of inclusion of the student in the enrollment count for ANB purposes beyond the 10th day of absence.

(12) Trustees may apply for increased ANB for early graduates who are enrolled as of the first Monday of October as a senior in high school in the seventh semester of secondary school, and who complete the graduation requirements prior to the February enrollment count date in accordance with 20-9-313, MCA, by stating in the enrollment reports submitted to the Superintendent of Public Instruction the names of pupils which were not included in the February enrollment count because they graduated early and the date of the pupils' graduation. The information must be submitted by the deadline in ARM 10.20.103 preceding the year for which ANB is being calculated.

(13) The PIR days used for calculating ANB will be the number of PIR days, not to exceed seven, conducted by the school district in the school fiscal year immediately preceding the school year for which the BASE funding program payment will be received.

(14) If the school district fails to conduct the three PIR days for professional development required by 20-1-304, MCA, or does not conduct the PIR days for the purposes set out in ARM 10.65.101, the Superintendent of Public Instruction shall:

(a) adjust the direct state aid to reflect the actual number of PIR days conducted;

(b) adjust the general fund, if needed, to comply with legal budget limitations and requirements; and

(c) adjust the guaranteed tax base aid payment to reflect the amount which the district would be eligible for based on the budget recalculated in (b).

(15) A school district must conduct a minimum of 360 hours of pupil instruction for a half-time kindergarten program, a minimum of 720 hours of pupil instruction for grades FTK-3, and a minimum of 1,080 hours of pupil instruction for grades 4-12.

(a) If the school district fails to conduct the required minimum number of hours for any school or program, the Superintendent of Public Instruction will reduce the direct state aid payments for the year in which the requirement was not met by:

(i) calculating the direct state aid per hour attributable to the school or program in proportion to the budgeted ANB of the school or program divided by the required minimum number of hours and multiplying by two;

(ii) subtracting the number of aggregate hours conducted by the school or program from the number of minimum aggregate hours required under 20-9-311, MCA;

(iii) multiplying (a)(i) by (ii) to determine the amount of the funding penalty; and

(iv) withholding the adjustment from the ensuing year payments to the district.

(b) However, if a school district fails to conduct the minimum number of hours by reason of one or more unforeseen emergencies as defined in 20-9-802, MCA, the Superintendent of Public Instruction shall reduce the direct state aid payments proportionally for each aggregate hour less than the minimum required by applying the calculation in (a), divided by two.

(c) The reduction of state funding will be prorated based on enrollment for the portion of the district, such as one class, school, or grade level, for which the district fails to conduct the minimum pupil instruction hours.

(16) School districts will be funded based on the current ANB or three-year ANB, whichever generates the greatest maximum general fund budget. For the purpose of determining the BASE funding program of a district, current ANB and three-year average ANB will be calculated using the following methods:

(a) To calculate current ANB:

(i) the enrollment reported by the school district on the October and February enrollment report forms to the Superintendent of Public Instruction, pursuant to 20-9-311, MCA, will be adjusted and averaged by budget unit as follows:

By budget unit: [(enrollment for first Monday in October + enrollment for first Monday in February) - (kindergarten enrollment for students receiving less than 180 hours of pupil instruction time per school year) - (one-half kindergarten enrollment for students enrolled in a half-time kindergarten program receiving180 hours or more of pupil instruction time per school year) - (part-time enrollment for students in grades FTK through 12 receiving less than 180 hours of pupil instruction time per school year) - (0.75 times the part-time enrollment for students in grades FTK through 12 receiving 180 through 359 hours of pupil instruction time per school year) - (0.50 times the part-time enrollment for students in grades FTK through 12 receiving 360 through 539 hours of pupil instruction time per school year) - (0.25 times part-time enrollment for students in grades FTK through 12 receiving 540 through 719 hours of pupil instruction time per school year) - (enrolled students reaching 19 years of age by September 10 of the school year) - (0.50 times students enrolled in MT youth challenge) + (early graduates)] divided by 2 to get the average of the two enrollment counts by budget unit;

(ii) multiply (a)(i) by the sum of PIR days plus PI days, divided by 180, rounded up to the next whole number, equals current ANB; and

(iii) add the additional approved enrollment, as determined in ARM 10.20.104 and 10.20.104A, to the enrollment used to calculate the current ANB.

(b) To calculate three-year average ANB, the Superintendent of Public Instruction will do the following:

(i) total the current ANB by budget unit for the budget year and the two years preceding the year for which three-year average ANB could be used for funding, divide the sum by three, and round up to the nearest whole number; and

(ii) add the additional approved enrollment as determined in ARM 10.20.104A to the enrollment used to calculate three-year average ANB.

(c) To determine whether the current ANB or three-year average ANB will be used for budgeting and funding purposes, the Superintendent of Public Instruction will calculate the district's maximum general fund budget using the current ANB as determined in (a) for every budget unit of the district and also using the three-year average ANB as determined in (b) for every budget unit of the district. The ANB type that generates the highest maximum general fund budget will be used for budgeting and for determining the direct state aid funding for the district's general fund budget for the ensuing year.

(17) When an audit or other review determines the enrollment used for calculating ANB was incorrectly reported, the Superintendent of Public Instruction will make an adjustment as follows:

(a) If the enrollment reporting error is discovered and reported to the Superintendent of Public Instruction before the budget for FY 20XX is adopted and before the date by which the trustees must commence the final budget meeting required by 20-9-131, MCA, the Superintendent of Public Instruction will recalculate and recertify the district's current or three-year average ANB for the FY 20XX budget using the corrected enrollment figures in the ANB calculations.

(b) Except as provided in (c), if an enrollment reporting error is discovered and reported to the Superintendent of Public Instruction on or after the date by which the trustees must commence the FY 20XX final budget meeting required by 20-9-131, MCA, the Superintendent of Public Instruction will determine the direct state aid and guaranteed tax base aid payments the district would have received for FY 20XX if enrollment had been correctly reported and will make a payment adjustment in the current year. Funding will be adjusted, but ANB figures will not be changed for the current year or changed for use in future years' ANB calculations or budgets.

(c) If the Superintendent of Public Instruction determines the enrollment reporting error detected as described in (b) would materially affect the ANB of a future year, resulting either in significant financial hardship or significant overpayment of state funds to a district's general fund budget for a future year if not corrected, the superintendent may use the correct enrollment to certify ANB for the following year's budget. That is, the enrollment error will be corrected and will be used in ANB calculations affecting future years only if the financial impacts are significant.

History

Authorizing statute(s): 20-9-102, 20-9-346, 20-9-369, MCA
Implementing statute(s): 20-1-301, 20-1-302, 20-1-304, 20-7-117, 20-9-311, 20-9-313, 20-9-314, 20-9-805, MCA
History: NEW, 1990 MAR p. 505, Eff. 3/16/90; AMD, 1992 MAR p. 214, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1662, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.20.102A BUDGET UNIT

10.20.102A BUDGET UNIT

(1) The 20 mile minimum described in 20-9-311(8), MCA, will be measured as the shortest passable route on a road between one school of the district and another school of the district or between a school of the district and the official boundary of an incorporated city or town located in the district.

(2) Those students in the 7th and 8th grade who are enrolled in programs which were approved and accredited by the Board of Public Education will be considered high school pupils for ANB purposes and for determining the total per-ANB entitlement as provided in 20-9-306, MCA. The basic entitlement for the budget unit which includes those students will be calculated as provided in 20-9-306, MCA.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-311, 20-9-313, 20-9-314, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD & TRANS, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.20.103 Circumstances Under Which the Regular Anb May Be Increased for the Ensuing School Fiscal Year

(1) The board of trustees or the county superintendent will provide information requested by the Superintendent of Public Instruction to establish the basis for an increase in ANB and the estimates or data required to determine the number of additional ANB to be approved for the situations as listed in 20-9-313 , MCA, or special unanticipated circumstances resulting from the implementation of 20-9-311 , MCA.

(2) A district that experiences an unanticipated enrollment increase after the beginning of the school fiscal year may apply to the Superintendent of Public Instruction for an increase in the district direct state aid amount provided the unanticipated enrollment increase meets the requirements of ARM 10.20.105, and the district has adopted a budget amendment for the unanticipated enrollment increase in accordance with the provisions of 20-9-161 through 20-9-165 , MCA, and ARM 10.22.201 through 10.22.206.

(a) Receipt of the adopted budget amendment resolution signed by the presiding officer of the trustees and the district clerk will be considered the request for additional state assistance.

(b) In order to be eligible to receive additional state assistance, the district must submit a petition for permission to adopt a budget amendment resolution due to an unanticipated enrollment increase to the Superintendent of Public Instruction no later than May 31 of the school fiscal year to which the enrollment increase applies.

(3) Application for increased ANB shall be made to the Superintendent of Public Instruction by June 1 for reasons provided in 20-9-313 , MCA. The Superintendent shall approve, disapprove, or adjust the application by the fourth Monday in June.

History

Authorizing statute(s): 20-3-106, 20-9-102, MCA
Implementing statute(s): 20-9-311, 20-9-313, 20-9-314, MCA
History: NEW, 1990 MAR p. 505, Eff. 3/16/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.20.104 Anticipated Unusual Enrollment Increase - Anb Calculation

(1) School district trustees may apply to the Superintendent of Public Instruction for increased ANB for unusual elementary or high school enrollment increases that exceed the lesser of 4% or 40 students of the enrollment in the fiscal year prior to the year for which the increase is requested. Elementary district and high school district calculations are always separate. In the case of a K-12 district, make separate enrollment calculations for the elementary and high school levels of the K-12 district.

(2) The eligibility for ANB for the ensuing school fiscal year due to anticipated unusual elementary or high school enrollment increases will be computed as follows pursuant to 20-9-314, MCA:

(a) Estimate the district's anticipated enrollment for the next October count using information known to be accurate at the time the estimate is made. By budget unit: [(estimated enrollment for first Monday in October) - (estimated kindergarten enrollment for students receiving less than 180 hours of pupil instruction time per school year) - (one-half estimated kindergarten enrollment for students enrolled in a half-time kindergarten program and receiving 180 hours or more of pupil instruction time per school year) - (estimated part-time enrollment for students in grades FTK through 12 receiving less than 180 hours of pupil instruction time per school year) - (0.75 times the part-time estimated enrollment for students in grades FTK through 12 receiving 180 through 359 hours of pupil instruction time per school year) - (0.50 times the estimated part-time enrollment for students in grades FTK through 12 receiving 360 through 539 hours of pupil instruction time per school year) - (0.25 times estimated part-time enrollment for students in grades FTK through 12 receiving 540 through 719 hours of pupil instruction time per school year) - (estimated enrolled students reaching 19 years of age by September 10 of the school year) - (0.50 times estimated students enrolled in MT youth challenge)]. This is anticipated enrollment (AE).

(b) Determine the adjusted and averaged enrollment counts for October and February of the current school year using the calculation in ARM 10.20.102(16)(a)(i). The average of the October and February adjusted enrollment counts is current year enrollment (CYE).

(c) Determine the anticipated enrollment increase (AEI) by subtracting the current year enrollment from the anticipated enrollment. AEI = AE - CYE.

(d) Determine the anticipated increase in enrollment as a percentage of the current year enrollment by dividing the AEI calculated in (2)(c) by the current year enrollment. AEI divided by CYE = % increase.

(e) If the anticipated increase in enrollment calculated in (c) exceeds 40 students or, if the anticipated increase in enrollment as a percentage of the current year enrollment calculated in (d) exceeds 4%, the Superintendent of Public Instruction shall approve the district's use of the AEI as determined in (3) in place of the current ANB for purposes of determining general fund payments and budget limitations in accordance with 20-9-311, MCA, to establish the ensuing year's BASE funding program and entitlement calculations in accordance with 20-9-314(5), MCA.

(3) The increased current ANB for the ensuing fiscal year will be calculated as follows:

(a) Determine the increase based on a percentage of the current year enrollment:

(i) Determine AEI in excess of 4% of CYE. AEI - (.04 x CYE). Round to nearest hundredth (.xx).

(ii) Determine AEI for each budget unit by subtracting CYE by budget unit from AE by budget unit. AEI by budget unit = AE by budget unit - CYE by budget unit. If the district has only one budget unit, go to (a)(iv).

(iii) Prorate anticipated enrollment increase exceeding 4% of CYE among the district's budget units by:

(A) calculating the ratio of AEI for each budget unit as calculated in (a)(i) to the total AEI for the district calculated in (2)(c); and

(B) multiplying AEI in excess of 4% of CYE (AEI - (.04 x CYE)) by the ratio calculated in (a)(iii)(A) for each budget unit within the district. Round to the nearest hundredth (.xx).

(iv) Add the CYE by budget unit and the AEI in excess of 4% by budget unit as calculated in (a)(iii)(B).

(b) Determine the increase based on number of students:

(i) Determine AEI for each budget unit by subtracting CYE by budget unit from AE by budget unit.

(ii) Add the CYE by budget unit and the AEI by budget unit.

(d) Multiply the increased enrollment calculated in (c) by the total of PI days and PIR days approved for the current year and divide by 180 for each budget unit. Round the ANB up to the nearest whole number. This figure is used as current ANB for purposes of ARM 10.20.102(16) in determining general fund payments and budgeting limitations for the district.

(4) In accordance with 20-9-314(6), MCA, the Office of Public Instruction reviews the ANB of a district that used anticipated enrollment figures, as follows:

(a) ANB is recalculated in accordance with (2), using actual enrollment as of the first Monday in October in place of the anticipated enrollment.

(b) If the ANB recalculated in (a) based on the actual October enrollment equals or exceeds the ANB calculated in (3)(d), the anticipated unusual enrollment increase materialized and the district is entitled to the increased BASE funding and entitlements approved by the Superintendent of Public Instruction in (2)(e).

(c) If the ANB recalculated in (a) based on the actual October enrollment is less than the ANB calculated in (3)(d), the anticipated unusual enrollment increase did not materialize and the Superintendent of Public Instruction makes the following adjustments:

(i) the district's general fund budget of the current year will be adjusted, as needed, to comply with legal limitations and requirements using the higher of the ANB recalculated in (4)(a) or (4)(c) in place of the current ANB that was used when determining the budget for the year; and

(ii) state aid will be adjusted to reflect the amount which should be paid on the district's adjusted budget.

History

Authorizing statute(s): 20-3-106, 20-9-102, MCA
Implementing statute(s): 20-9-166, 20-9-311, 20-9-314, MCA
History: NEW, 1992 MAR p. 214, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.20.104A INITIAL YEAR OF OPERATION OF A FULL-TIME KINDERGARTEN PROGRAM - ANB CALCULATION

10.20.104A INITIAL YEAR OF OPERATION OF A FULL-TIME KINDERGARTEN PROGRAM - ANB CALCULATION

(1) School district trustees may apply to the Superintendent of Public Instruction for increased ANB for the initial year of operation of a full-time kindergarten program as provided in 20-9-313, MCA.

(2) The additional ANB for the ensuing year shall be calculated by elementary budget unit as follows:

(a) determine the average prior year kindergarten enrollment for the semiannual enrollment counts;

(b) multiply the amount calculated in (2)(a) by the anticipated percentage of kindergarten students enrolled in the district in 20XX-1, rounding the percentage to two decimal places (i.e., XX.XX%);

(c) recalculate the district's ANB per ARM 10.20.102 using the adjusted average kindergarten enrollment count calculated in (2)(b); and

(d) determine the increase in ANB by subtracting the original ANB from the ANB calculated in (2)(c).

History

Authorizing statute(s): 20-3-106, 20-9-102, MCA
Implementing statute(s): 20-9-166, 20-9-311, 20-9-314, MCA
History: NEW, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.20.105 Unanticipated Enrollment Increase

(1) If a budget amendment resulting from an unanticipated increased enrollment has been adopted pursuant to 20-9-161 through 20-9-166, MCA, the eligibility for and number of increased ANB for the current school fiscal year due to an unanticipated elementary or high school enrollment increase will be computed pursuant to 20-9-314, MCA. Elementary district and high school district calculations are always separate. In the case of a K-12 district, make separate enrollment calculations for the elementary and high school levels of the K-12 district.

(a) The enrollment determined from the enrollment reported on the fall enrollment report or the spring enrollment report form for official reporting is defined as the "current year enrollment" (CYE) for purposes of this calculation. However, kindergarten enrollment for a variance which provides 90 full days of instruction in a single semester may be counted as one instead of one-half.

(b) Determine the prior year enrollment. For purposes of this calculation, "prior year enrollment" (PYE) will mean the adjusted and averaged enrollment used for the current ANB or three-year average ANB, whichever was used as budgeted ANB.

(c) Determine the "enrollment increase" (EI) by subtracting the prior year enrollment from the current year enrollment. EI = CYE - PYE.

(d) Determine the enrollment increase as a percentage of the prior year enrollment by dividing the enrollment increase calculated in (1)(c) by the prior year enrollment. EI divided by PYE = %.

(e) If the enrollment increase calculated in (c) exceeds 40 students, or if the enrollment increase as a percentage of the prior year enrollment calculated in (d) exceeds 4%, the Superintendent of Public Instruction will recalculate and adjust the current year's basic entitlement and total per-ANB entitlement in accordance with 20-9-314(5), MCA, using the recalculation of ANB in (2).

(2) The adjusted funding will be based on the impact of the increased enrollment for the current fiscal year calculated as follows:

(a) Determine the increase based on a percentage of the PYE:

(i) Determine EI in excess of 4% of PYE. EI - (.04 x PYE). Round the calculation to the nearest hundredth (.xx).

(ii) Determine EI for each budget unit by subtracting PYE by budget unit from CYE by budget unit. EI by budget unit = CYE by budget unit - PYE by budget unit.

(iii) Prorate enrollment increase exceeding 4% of PYE calculated in (a)(i) among the budget units by:

(A) calculating the ratio of EI for each budget unit as calculated in (a)(i) to the total EI for the district calculated in (1)(c). If the EI calculated for a budget unit in (a)(i) is negative (enrollment loss), omit the budget unit from the proration and add the absolute value of the negative EI by budget unit to the EI determined in (1)(c); and

(B) multiplying the EI in excess of 4% of PYE calculated in (a) by the ratio calculated in (a)(i) for each budget unit within the district. Round the calculation to the nearest hundredth (.xx).

(iv) Add the PYE by budget unit and the EI in excess of 4% by budget unit as calculated in (a)(iii)(B).

(b) Determine the increase based on number of students:

(i) Determine EI for each budget unit by subtracting PYE by budget unit from CYE by budget unit. EI by budget unit = CYE by budget unit - PYE by budget unit. If the EI calculated for a budget unit is negative (enrollment loss), omit the budget unit from the proration and add the absolute value of the negative EI by budget unit to the EI determined in (1)(c).

(ii) Add the PYE by budget unit and the EI by budget unit.

(d) Multiply the increased enrollment calculated in (c) by the total of PI days and PIR days approved for the current year, and divide the total by 180.

(e) Round the result calculated in (2)(d) up to the next whole number to determine the funding adjustment ANB.

(3) The funding adjustment ANB calculated under (2) will be used only to determine the adjusted entitlements and increased funding for the unusual enrollment increase in the current year and will not result in an adjustment of ANB for purposes of future calculations of current ANB or three-year ANB under 20-9-311, MCA.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-313, 20-9-314, MCA
History: NEW, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.20.106 Students Placed in Day School Education Programs

(1) The Superintendent of Public Instruction recognizes that a Montana state agency or court may place a Montana student in a facility located within a school district that is not the student's district of residence. The Superintendent of Public Instruction also recognizes that a district may contract with a private or public entity for the provision of a Montana resident student's education. If a district contracts and pays for the provision of a Montana student's education, the district may include that student in the district's enrollment count for purposes of calculating ANB, provided:

(a) the student, who otherwise qualifies for ANB, is enrolled at district expense in the district on the count date;

(b) the district retains written verification from the contractor documenting the student's participation in the education program on the count date;

(i) the contractor is accredited by the Montana Board of Public Education; or

(ii) the student's education program is under the direction and supervision of the district and is provided by district staff or is provided pursuant to a special education individualized education program implemented by the district, except that the trustees' placement of a resident student in a private, nonsectarian day treatment program and the state's placement of a student in a county or regional detention center are subject to (5);

(d) the contractor is a children's psychiatric hospital, a residential treatment facility, a therapeutic group home, or other program licensed by and located within the state of Montana, excluding licensed day care centers; and

(e) the student is a resident of the district or meets the attendance with mandatory approval provisions of 20-5-321(1)(d) or (1)(e), MCA.

(2) Payments made to contractors described in (1) are not considered tuition for purposes of applying the provisions in Title 20, chapter 5, part 3, MCA. When a district contracts for a Montana student's education, the cost for such services shall be paid from the district's general fund or from federal funds, provided the cost is an allowable use of the federal funds. Except as provided in (5), districts shall not use the tuition fund for payments to private education programs.

(3) If a student is not a resident of the district of attendance, the district of attendance must charge tuition in accordance with Montana law (see ARM 10.10.301).

(4) In accordance with 20-7-422, 20-7-402(4) and 20-5-323(5), MCA, when a child is placed by a Montana state agency in an out-of-state residential facility, the state agency making the placement shall be responsible for paying the education costs of the placement.

(5) A district may not include for purposes of calculating ANB:

(a) a student who is placed in a private, nonsectarian day treatment program. Districts may use the district tuition fund to pay for educational services and may claim an ANB reimbursement payment under provisions of 20-5-324, MCA, and ARM 10.10.301D for a student placed under an IEP in a day treatment program at a private, nonsectarian school located in or outside the child's district of residence; or

(b) a student who has been placed in a county or regional detention facility per 41-5-1807, MCA, and ARM 10.10.301. The detention facility provides educational programs for youth at county expense. The school district's obligation must be funded pursuant to 20-9-130, MCA. Payment of detention center educational services must follow 20-9-130, MCA.

History

Authorizing statute(s): 20-5-323, 20-7-419, 20-9-201, MCA
Implementing statute(s): 20-5-321, 20-5-323, MCA
History: NEW, 2002 MAR p. 1662, Eff. 6/14/02; AMD, 2003 MAR p. 395, Eff. 3/14/03; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2010 MAR p. 1990, Eff. 9/10/10; AMD, 2024 MAR p. 2182, Eff. 9/21/24.

Chapter 10.21 Gtba and Funding Components

Subchapter 10.21.1 Gtba

Mont. Admin. R. 10.21.101B CALCULATION OF STATEWIDE GTBA

10.21.101B CALCULATION OF STATEWIDE GTBA

(1) The statewide elementary or high school GTB ratio for purposes of calculating FY 20XX+1 general fund GTBA is: 1.93 x calendar year 20XX-1 statewide taxable valuation / total FY 20XX elementary or high school GTBA budget area.

(2) The statewide elementary or high school mill value per budgeted ANB for purposes of calculating FY 20XX+1 retirement fund GTBA is: [(calendar year 20XX-1 statewide taxable valuation x 1.21) / 1,000] / 20XX statewide elementary or high school budgeted ANB certified for the adopted budget.

(3) Facility guaranteed mill value per ANB for purposes of calculating FY 20XX+1 school facility entitlement guaranteed tax base is: [(calendar year 20XX-1 statewide taxable valuation x 1.40) / 1000] / FY 20XX statewide elementary or high school budgeted ANB certified for the adopted budget.

(4) The State Superintendent of Public Instruction may instead use final data in cases where significant changes in ANB and taxable valuation made after the adoption of the district's budget would significantly affect the statewide ratios or mill values per ANB.

History

Authorizing statute(s): History: 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.21.101C NOTIFICATION OF MILL VALUES PER ANB AND GTB RATIOS

10.21.101C NOTIFICATION OF MILL VALUES PER ANB AND GTB RATIOS

(1) By March 1 the Superintendent of Public Instruction will calculate preliminary state, county, and district mill values per ANB, facility guaranteed mill values per ANB, and preliminary state and district GTB ratios.

(2) By March 1 the Superintendent of Public Instruction will send:

(a) each school district its preliminary figures for:

(i) the district's weighted GTB subsidy per mill(s) in the BASE budget levy,

(ii) the district's mill values per ANB;

(iii) the county's mill values per ANB;

(iv) the statewide mill values per ANB;

(v) facility guaranteed mill values per ANB; and

(vi) the statewide GTB ratios;

(b) each county its preliminary figures for:

(i) the county's mill values per ANB; and

(ii) the statewide mill values per ANB.

(3) The notice to each district and county will show:

(a) DOR's determination of taxable value; and

(b) the ANB used to calculate the mill value per ANB and per-ANB entitlement.

(4) The notice to each district will also show the GTBA budget area used in the determination of the general fund GTB subsidy per BASE mill for the district.

(5) By February 1, the Superintendent of Public Instruction must be notified that a school district has elected to waive its right to receive its portion of protested taxes as provided in 15-1-409, MCA. The Department of Revenue (DOR) determines the total taxable value of the property in the school district that is not subject to a tax protest and notifies the Superintendent of Public Instruction by February 1 of the taxable value. The Superintendent of Public Instruction will calculate the school district's GTB ratio in ARM 10.21.101D using the new taxable value.

(6) By May 1, school districts and counties must review the preliminary figures. If a school or county official believes there is an error, the procedure to follow is:

(a) If the alleged error involves ANB data, GTB mill values, or GTB ratios, the Superintendent of Public Instruction must receive notification establishing the error. The Superintendent of Public Instruction will review the calculation and make necessary corrections to final district and county mill values per ANB and final district ratios. For statewide ratios and mill values per ANB, notification of error must be received prior to May 1 and will only be taken into consideration in cases of significant impact.

(b) If the alleged error involves taxable valuation, the district must request a correction from the DOR. The DOR will make any necessary correction and notify the State Superintendent of Public Instruction of the correction. The Superintendent of Public Instruction will review the calculation and make necessary corrections to final district and county mill values per ANB and final district ratios. For statewide ratios and mill values per ANB, notification of error must be received prior to May 1 and will only be taken into consideration in cases of significant statewide impact.

(7) By April 25 the Superintendent of Public Instruction must be notified if two or more districts intend to consolidate or annex in the ensuing fiscal year. The Superintendent of Public Instruction will combine the districts' ANB, GTBA budget area, and taxable values to calculate the combined district's final debt service GTB mill value per ANB and weighted GTB subsidy per mill(s) in the BASE budget levy.

(8) If material differences in statewide ratios are documented or legislative changes occur regarding the calculation, the Superintendent of Public Instruction will recalculate and notify all districts and counties by May 1 of the final state, county, and district mill values per ANB, final facility guaranteed mill values, final district general fund weighted GTB subsidy per mill(s) in the BASE budget levy, and final state GTB ratios.

History

Authorizing statute(s): 20-9-369, MCA
Implementing statute(s): 15-1-409, 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2010 MAR p. 1990, Eff. 9/10/10.

Mont. Admin. R. 10.21.101D CALCULATION OF DISTRICT RATIO

10.21.101D CALCULATION OF DISTRICT RATIO

(1) A district's GTB ratio for purposes of calculating FY 20XX+1 eligibility is: calendar year 20XX-1 district taxable value / district's FY 20XX GTBA budget area. Data used in this calculation shall be taken from the district's adopted budget, except that OPI may instead use final data in cases where significant changes in ANB and taxable valuation made after the adoption of a district's budget would significantly affect the district's eligibility to receive state funding.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.21.101E WHICH DISTRICTS QUALIFY FOR GTBA ON GENERAL FUND MILLS

10.21.101E WHICH DISTRICTS QUALIFY FOR GTBA ON GENERAL FUND MILLS

(1) If a district's GTB ratio is less than the statewide ratio, the district qualifies for GTBA on the mills levied to fund the GTBA budget area of its general fund budget.

(2) In order to receive GTBA for general fund BASE budget funding purposes, a district must:

(a) have a GTB ratio less than the corresponding statewide elementary or high school GTB ratio; and

(b) have set its BASE mill levy in accordance with the requirements of 20-9-141 , MCA.

(3) For the initial year of operation for a nonoperating district that re-opens under 20-9-502 and 20-9-503 , MCA, the district GTB ratio shall be calculated using the district budgeted ANB and BASE budget for the district's last year of operation.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.21.101F CALCULATION OF GENERAL FUND GTBA TO QUALIFYING DISTRICTS

10.21.101F CALCULATION OF GENERAL FUND GTBA TO QUALIFYING DISTRICTS

(1) After receiving the certified BASE budget levies, the State Superintendent of Public Instruction will determine the amount of general fund GTBA a qualifying district will receive in FY 20XX+1 using the following calculations:

(a) 20XX+1 state elementary or high school GTB ratio * district's 20XX GTBA budget area = "A"

(b) "A" - district taxable value = "B"

(c) "B"/1000 = dollar amount of 20XX+1 GTBA per mill levied. The result will be rounded to the nearest whole dollar to determine the amount of the subsidy payment.

(2) A district must fund its budget with funds available for reappropriation and nonlevy revenues before it levies property taxes to fund the GTBA budget area.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.21.101G SCHOOL DISTRICT BOUNDARY CHANGES

10.21.101G SCHOOL DISTRICT BOUNDARY CHANGES

(1) If the boundaries of a school district will change in the ensuing year, the Superintendent of Public Instruction must be notified by April 25 of the year prior to the change. Upon notification of the change the Superintendent of Public Instruction will recalculate the district mill value per ANB and subsidy per mill for the ensuing year using the sum of the current year taxable valuations, the sum of the budgeted ANB, and the sum of the GTBA budget areas of the territories within the district(s) .

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.21.101H CALCULATION OF DEBT LIMITS

10.21.101H CALCULATION OF DEBT LIMITS

(1) For an elementary or high school district that is ineligible to receive guaranteed tax base aid under the provisions of 20-9-367, MCA, the maximum amount for which the district may become indebted by the issuance of bonds is 50% of the taxable valuation of the property within the district.

(2) For an elementary or high school district that is eligible to receive guaranteed tax base aid under the provisions of 20-9-367, MCA, the maximum amount for which the district may become indebted by the issuance of bonds is calculated as follows:

(a) For an elementary district,

Statewide mill value per elementary ANB x Elementary ANB x 1000 x 100%;

(b) For a high school district,

Statewide mill value per high school ANB x High School ANB x 1000 x 100%.

(3) The statewide mill value per ANB applicable to the calculation in (2) is the statewide mill value per ANB for the school fiscal year in which the bonds are sold.

(4) The district average number belonging (ANB) applicable to the calculation in (2) is the district budgeted ANB for the school year in which the bonds are sold. Enrollment increases approved under 20-9-166, MCA after October 1 do not constitute an increase in ANB for the purpose of calculating the district's maximum bonded indebtedness.

(5) For a K-12 district, formed pursuant to 20-6-701, MCA, that is ineligible to receive guaranteed tax base aid under the provisions of 20-9-367, MCA, the maximum amount for which the district may become indebted is 200% of the taxable valuation of the property within the district.

(6) For a K-12 district, in which both the elementary and the high school programs are eligible to receive guaranteed tax base aid under the provisions of 20-9-367, MCA, the maximum amount for which the district may become indebted is the sum of the amounts computed separately in (2)(a) and (2)(b).

(7) For a K-12 district, in which either the elementary or the high school program, but not both, is eligible to receive guaranteed tax base aid under the provisions of 20-9-367, MCA, the maximum amount for which the district may become indebted is the sum of 100% of the taxable value of the K-12 district plus 100% of the product of the applicable statewide mill value per-ANB multiplied by the eligible program's ANB multiplied by 1000.

(8) In addition to the requirements in 20-9-422, MCA, a K-12 district bond resolution authorizing the issuance of bonds must indicate the portion of the bond obligation which will be considered an obligation for the elementary program and the portion which will be considered an obligation for the high school program.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-367, 20-9-406, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.21.101I SCHOOL FACILITY ADVANCES AND REIMBURSEMENTS

10.21.101I SCHOOL FACILITY ADVANCES AND REIMBURSEMENTS

(1) A school facility reimbursement will be provided to an eligible district to meet the district's debt service obligation for general obligation bonds for school facility construction or renovation. A district may not receive a school facility reimbursement to meet its obligation for a special improvement district. Eligible districts are provided advances for school facilities in the first school fiscal year in which a debt service payment is budgeted.

(2) A district is eligible to receive a school facility reimbursement for debt service obligations on bonds described in (1) if the district mill value per ANB is less than the facility guaranteed mill value per ANB. For a K-12 district, the eligibility of the elementary and high school programs for a school facility reimbursement is determined separately for each program.

(3) Pursuant to 20-9-422 , MCA, regarding additional requirements for trustees' resolution calling a bond election, the State Superintendent of Public Instruction shall calculate an estimate of the amount of advance for which the district will be eligible. "Current year" information used to estimate this payment will be the current year information originally submitted on the final budget from the district and the prior year percentage used to prorate the state share of reimbursement for school facilities until the payment is made in May. After the May payment, "current year" information used to estimate the advance payment will be the ensuing year's information for ANB and district and facility guaranteed mill values and the most current percentage used to prorate the state share of reimbursement for school facilities.

(4) A school district must report its annual debt service obligation for each bond issued by the district on the final budget form provided by the State Superintendent of Public Instruction. The Office of Public Instruction will calculate the school facility reimbursement for a district using the amounts reported for debt service obligations on the budget form.

(5) The maximum reimbursement a district may receive is calculated on the lesser of the district's school facility entitlement or its current year debt service obligation for the bonds that qualify under (1) .

(6) A district qualifies for a school facility reimbursement in the amount of the maximum reimbursement for the district multiplied by [1-(district mill value per ANB/facility guaranteed mill value per ANB) ].

(7) If the legislative appropriation for the state reimbursement for school facilities is less than the amount for which districts qualify in (6) , the State Superintendent of Public Instruction will calculate the percentage that the appropriation represents of the total amount for which districts qualify. To determine the school facility reimbursement for each district, the State Superintendent of Public Instruction will apply that percentage to the amount calculated in (6) .

(8) On or before May 31, the State Superintendent of Public Instruction shall distribute the state advance for school facilities and the state reimbursement for school facilities to qualifying districts for deposit in the district's debt service fund.

(9) After the payment is made in May pursuant to 20-9-371 , MCA, actual state advance amounts for the ensuing fiscal year will be calculated using budgeted ANB and district and facility guaranteed mill values for the year in which the advance applies and the most current percentage of state share which will be considered "prior year's" percentage in the year in which the payment is made. The State Superintendent of Public Instruction will notify the districts of the amount to estimate as revenue in their debt service funds by the final budget meeting.

(10) Enrollment adjustments due to audit and enrollment increases approved under 20-9-166 , MCA, after October 1, do not constitute a change in ANB for the purpose of calculating the district's eligibility for facilities reimbursement or advance. However, in cases of significant adjustments in ANB, the Superintendent of Public Instruction may require adjustment of facility reimbursements and advance funding.

(11) Eligibility for a district with multiple bonding jurisdictions will be based on district budgeted ANB, district debt service mill value per budgeted ANB, and total district entitlement and obligations.

(12) If a district has more than one bonding jurisdiction and the district has eligibility for facilities reimbursement in one or more jurisdiction(s) , those jurisdictions having eligibility will receive credit for the reimbursement.

(13) If a district refunds more than one bond, the underwriter must provide schedule amounts representing the total of each of the refunded bonds.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.21.102A GTBA ON GENERAL FUND AND RETIREMENT MILLS AND SCHOOL FACILITY ADVANCE AND REIMBURSEMENT

10.21.102A GTBA ON GENERAL FUND AND RETIREMENT MILLS AND SCHOOL FACILITY ADVANCE AND REIMBURSEMENT

(1) In addition to direct state aid and special education payments, the state pays:

(a) GTBA on general fund mills of qualifying districts;

(b) GTBA on retirement fund mills of qualifying counties; and,

(2) General fund GTBA is paid to qualifying districts on the mills levied to support their general fund GTBA budget area. A district qualifies for general fund GTBA if its GTBA ratio as calculated in ARM 10.21.101D is less than the statewide GTBA ratio as calculated in ARM 10.21.101B(1) .

(3) Retirement fund GTBA is paid to qualifying counties on the mills levied to support their countywide school retirement funds. A county qualifies for retirement fund GTBA if its mill value per ANB as calculated in ARM 10.21.102B is less than the corresponding statewide mill value per ANB as calculated in ARM 10.21.101B(2) .

(4) School facility reimbursement is paid to qualifying districts to reduce the ensuing fiscal year levy requirement of the debt service fund.

History

Authorizing statute(s): 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Mont. Admin. R. 10.21.102B CALCULATION OF COUNTY MILL VALUES PER ANB

10.21.102B CALCULATION OF COUNTY MILL VALUES PER ANB

(1) A county ratio for GTBA on retirement mills compares the county mill value per ANB to statewide mill value per elementary or high school ANB. This is a measure of how much tax revenue per student can be raised by a county's mill in comparison to how much revenue per student statewide could be raised on a statewide taxable value.

(2) The county elementary or high school GTB mill value per ANB for purposes of calculating FY 20XX+1 retirement fund GTBA is: (calendar year 20XX-1 county taxable value/1,000) / 20XX county elementary or high school budgeted ANB.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.21.102C WHICH COUNTIES QUALIFY FOR GTBA ON RETIREMENT MILLS

10.21.102C WHICH COUNTIES QUALIFY FOR GTBA ON RETIREMENT MILLS

(1) A county with a mill value per ANB, as calculated in ARM 10.21.102B(2) , less than the statewide mill value per ANB, as calculated in ARM 10.21.101B(2), will receive GTBA on the countywide mills levied to support the county retirement funds.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.21.102D JOINT DISTRICTS AND CO-OPS

10.21.102D JOINT DISTRICTS AND CO-OPS

(1) Net retirement levy requirements for joint districts and districts that are members of full service education cooperative agreements are calculated in accordance with 20-9-501 , MCA. GTBA available to the retirement funds of the counties in which these districts are located is calculated based on the county mill value per elementary or high school ANB for each county involved and the retirement mills levied in that county.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94.

Mont. Admin. R. 10.21.102E CALCULATION OF GTBA TO QUALIFYING COUNTIES

10.21.102E CALCULATION OF GTBA TO QUALIFYING COUNTIES

(1) After receiving the certified county retirement levies, the State Superintendent of Public Instruction will determine the amount of retirement fund GTBA a qualifying county will receive in FY 20XX+1 using the following calculations:

(a) statewide mill value per ANB - county mill value per ANB = "A"

(b) "A" times county elementary or high school 20XX+1 budgeted ANB = "B"

(c) "B" times certified elementary or high school FY 20XX+1 county retirement fund mills levied = dollar amount of 20XX+1 GTBA a county will receive in support of the elementary or high school county retirement fund.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.21.104 Distribution of Gtba

(1) To calculate a county's GTBA on retirement fund mills and a district's GTBA for general fund mills, OPI will use the mill levies certified by county clerk and recorders unless the certified mills exceed the mills allowed by Title 20, chapter 9, MCA. If the certified mills are greater than the mills allowed by Title 20, MCA, OPI will only distribute GTBA on the mills allowed by Title 20, MCA.

(2) OPI will distribute GTBA to districts and counties that meet the requirements of 20-9-367 , MCA, and ARM 10.21.101C in the manner provided by 20-9-344 , MCA.

(3) County officials shall distribute GTBA received in support of elementary and high school retirement levies to all school districts within the county in the same manner as other revenues deposited in the elementary and high school retirement fund are distributed as provided in ARM 10.10.309.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, 20-9-370, 20-9-371, MCA
History: NEW, 1990 MAR p. 507, Eff. 3/16/90; AMD, 1990 MAR p. 2276, Eff. 12/28/90; AMD, 1992 MAR p. 217, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96.

Subchapter 10.21.2 Funding Components - General Fund

Mont. Admin. R. 10.21.201 Quality Educator Payments - General Fund

(1) The Superintendent of Public Instruction will determine and report the quality educator payment for each school district and special education cooperative by March 1 for the ensuing school year.

(2) The number of FTE used to determine the payment for FY 20XX+2 will be based on the full time equivalent (FTE) personnel assignments and associated FTE units reported by the district to the Superintendent of Public Instruction on the annual data collection report submitted in the fall of 20XX.

(a) The number of FTE in (2) may be increased if ANB is increased as provided for in 20-9-313, MCA for the purpose of implementing a full-time kindergarten program.

(i) If the additional ANB in (2)(a) is more than 10, the number of FTE will be increased by 1.0 FTE for every 12.6 ANB, rounded to the nearest tenth.

(ii) If the additional ANB is 10 or less, there will be no increase in the number of FTE.

(3) The FTE used to calculate the payment will not include educators employed under emergency authorization granted by the State Superintendent. The FTE used to calculate the payment will include other licensed educators and licensed professionals, providing the employee holds a position for which the accreditation standards require such licensure and eligible licensed professionals as defined in 20-9-327, MCA.

(4) Educators without a valid license will not be considered in the FTE for the payment. A license must be current as of December 1 of the school year in which the employee is reported in order to be valid for purposes of the quality educator payment calculation for the following fiscal year.

(5) The Superintendent of Public Instruction will provide an opportunity for district officials to review the FTE information submitted on the annual data collection. Changes to FTE reporting used for the quality educator payment calculation will not be accepted after December 31 except in cases of significant reporting error, as determined by the Superintendent of Public Instruction.

(6) Payments will be distributed to school districts by the Superintendent of Public Instruction on the schedule for BASE aid distributions provided in 20-9-344, MCA.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-327, MCA
History: NEW, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.21.202 At Risk Student Payments - General Fund

(1) The Superintendent of Public Instruction will determine and report the at-risk student payment for each school district by March 1 for the ensuing school year.

(2) Payments will be distributed to school districts by the Superintendent of Public Instruction on the schedule for BASE aid distributions provided in 20-9-344, MCA.

(3) A district's at-risk student payment for FY 20XX will be calculated as follows:

(a) Divide the district's allocation under 20 U.S.C. 6332, et seq. for FY 20XX-1 by the state total of funds allocated to all Montana districts that applied for funds under that program for FY 20XX-1;

(b) Multiply the ratio calculated in (3)(a) by the total state appropriation for at-risk student payments for FY 20XX.

(4) School districts that did not receive funding under the federal program referred to in 20-9-328, MCA, for FY 20XX-1 will not receive an at-risk student payment for FY 20XX.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-328, MCA
History: NEW, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.21.203 Indian Education for All Payments - General Fund

(1) The Superintendent of Public Instruction will determine and report the Indian Education for All payment for each school district by March 1 for the ensuing school year.

(2) Payments will be distributed to school districts by the Superintendent of Public Instruction on the schedule for BASE aid distributions provided in 20-9-344, MCA.

(3) The annual report required in 20-9-329, MCA for FY 20XX will be based on information reported on the trustees' financial summary for FY 20XX and the annual data collection report submitted by the district to the Superintendent of Public Instruction in the fall of 20XX-1.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-329, MCA
History: NEW, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.21.204 American Indian Achievement Gap Payments - General Fund

(1) The Superintendent of Public Instruction will determine and report the American Indian achievement gap payment for each school district by March 1 for the ensuing school year.

(2) The number of students used to determine the payment for FY 20XX+1 will be the number of American Indian students enrolled in the district in grades K-12 as reported on the fall enrollment count submitted by the district to the Superintendent of Public Instruction in FY 20XX. Students reported as not enrolled but receiving special education services and students who were aged 19 or older on or before September 10 of the school year of the count date will not be counted for purposes of this payment.

(3) The Superintendent of Public Instruction will provide an opportunity for district officials to review the enrollment information submitted on the fall enrollment report. Changes to the enrollment report information used for the American Indian achievement gap payment will not be accepted after December 31 except in cases of significant reporting error, as determined by the Superintendent of Public Instruction.

(4) Payments will be distributed to school districts by the Superintendent of Public Instruction on the schedule for BASE aid distributions provided in 20-9-344, MCA.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-330, MCA
History: NEW, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Chapter 10.22 Spending and Reserve Limits

Subchapter 10.22.1 Spending and Reserve Limits

Mont. Admin. R. 10.22.102 General Fund Spending Limits

(1) The trustees must adopt a budget at least equal to the BASE budget.

(2) For purposes of determining general fund spending limits, the trustees may add to the current year budget:

(a) the sum of any increases in state funding for any/all of the following:

(i) the direct state aid associated with the basic entitlement;

(ii) the direct state aid associated with the per-ANB entitlement;

(iii) the quality educator payment;

(iv) the at-risk student payment;

(v) the Indian education for all payment deposited into the general fund;

(vi) the American Indian achievement gap payment; or

(vii) the data-for-achievement payment.

(b) in the initial year of implementation of a full-time kindergarten program, an amount equal to (one-half the kindergarten enrollment in the current year) times (the sum of the maximum per-ANB rate for an elementary ANB and the Indian education for all payment for an ANB for the current year).

(3) If a district's current year budget, including any additions from (2), does not exceed the ensuing year's maximum budget, the following limits apply.

(a) Without voter approval, the trustees may adopt a budget equal to the sum of:

(i) the ensuing year's BASE budget;

(ii) the highest revenue previously authorized by the electors of the district or imposed by the district in any of the previous five years to support the general fund budget;

(iii) the fund balance available to reappropriate to fund the over-BASE budget;

(iv) the prior year's excess reserves under 20-9-141, MCA, available to fund the over-BASE budget;

(v) the estimated tuition revenue available to fund the over-BASE budget;

(vi) the amount of the reduction of flexible nonvoted property tax levy authority in the transportation fund, the bus depreciation fund, the tuition fund, and the adult education fund; and

(vii) the estimated oil and natural gas production taxes for school districts available to fund the over-BASE budget.

(b) With voter approval of the budget exceeding (3)(a), the trustees may adopt a budget not greater than the ensuing year's maximum.

(4) If a district's current year budget, including any additions in (2), exceeds the ensuing year's maximum budget, the following limits apply:

(a) Without voter approval the trustees may adopt a budget equal to the sum of:

(i) the ensuing year's BASE budget;

(ii) the highest revenue previously authorized by the electors of the district or imposed by the district in any of the previous five years to support the general fund budget;

(iii) the fund balance available to reappropriate to fund the over-BASE budget;

(iv) the prior year's excess reserves under 20-9-141, MCA, that will be used to fund the over-BASE budget;

(v) the estimated tuition revenue available to fund the over-BASE budget;

(vi) the amount of the reduction of flexible nonvoted property tax levy authority in the transportation fund, the bus depreciation fund, the tuition fund, and the adult education fund; and

(vii) the estimated oil and natural gas production taxes for school districts available to fund the over-BASE budget.

(b) With voter approval of the amount of budget exceeding (4)(a), the trustees may adopt a budget not greater than the current year budget with additions as calculated in (2).

(5) With respect to (3)(a)(vi) and (4)(a)(vi), the ongoing authority for any nonvoted increase in the over-BASE budget levy imposed must be decreased in future years to the extent that any increase in other nonvoted property tax levies is imposed.

(6) For a nonoperating district that is reopening, budget limitations for the general fund shall be based on the last operating year's budget for the general fund. The general fund budget adopted for the last year in which the district operated a school will be considered the prior year's budget for purposes of determining budget limitations for the year of reopening. The district must adopt a general fund budget that is at least equal to BASE and does not exceed the maximum general fund budget for the year of reopening.

(a) For a nonoperating district that reopens a school under 20-6-502, MCA, the school isolation provisions in 20-9-302, MCA, will be applied based on the budgeted ANB in the last operating year and the budgeted ANB in the year the school reopens.

(7) For purposes of determining the spending limit for a school district participating in a full service cooperative for special education programs, the BASE budget amount and maximum general fund budget may include a portion of the payments received by the full service cooperative in support of special education programs. The Superintendent of Public Instruction will notify each school district participating in a cooperative of its payments for use in setting its BASE budget and maximum general fund budget for the ensuing school fiscal year.

(8) The Superintendent of Public Instruction shall monitor the general fund budgets of each school district to ensure compliance with the spending limits established in 20-9-308, MCA. The Superintendent of Public Instruction may request a revised budget from any district whose general fund budget is not within the limits using the guidelines established in ARM 10.10.503.

(9) When budgeting for the first year of operation following a consolidation or annexation:

(a) the budgets of the combining districts for the year preceding the first year of operation as a consolidated or annexed district will be summed;

(b) the amount calculated in (8)(a) will be used in place of the current year budget in (2) through (4) for purposes of determining the consolidated or annexed district's ensuing year budget limitations; and

(c) regardless of the relationship of the individual combining districts' adopted budgets to their individual BASE and maximum budgets for the year preceding the first year operating as a newly consolidated district, the amount calculated in (8)(a) will be assumed to have been no more than the maximum budget of that year for purposes of determining the ensuing year's budget of the newly consolidated district.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-308, 20-9-315, MCA
History: NEW, 1990 MAR p. 508, Eff. 3/16/90; AMD, 1992 MAR p. 219, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.22.103 Reserve Limits

(1) The amount of general fund end-of-year balance designated as operating reserve may not exceed 10% of the adopted general fund budget for the ensuing school fiscal year or $10,000, whichever is greater.

(2) The amount earmarked as reserves can exceed the limitations of (1) by a combination of one or more of the unused balances described in 20-9-104 (5) , MCA.

(3) Amounts that have been identified in (2) cannot be identified as reserves in excess of the operating reserve unless the limitation of operating reserves in 20-9-104 , MCA, which is the greater of either 10% of ensuing year's budget or $10,000, has been met.

(4) Reserves are reidentified each year when budgeting for the ensuing year. After the fund balance for the general fund budget is determined and the operating reserve is fully met, the trustees may determine any revenues that have been received by the district in the current year according to 20-9-104 (5) , MCA. This amount must only include revenues received that were protested and/or delinquent from a prior tax year. The amount must not include revenues received which were protested and delinquent taxes from the current tax year. Current year interest earned on money held as excess reserve amounts may not be included as additional excess reserves. Interest on excess reserves is general fund nonlevy revenue. However, current year receipts of penalties and interest on protested and delinquent taxes from the current or prior years may be included in the reserve. The amount identified may be added to the current year's identified excess reserves, minus amounts used in the current year for budget amendments for deferred projects, minus amounts used to fund the ensuing year's budget. Total operating and excess reserves must not exceed the fund balance available for those reserves.

(5) OPI shall monitor the general fund budget of each school district to ensure compliance with the reserve limits established in 20-9-104 , MCA. The Superintendent of Public Instruction may request a revised budget from any district whose reserves do not comply with the limit using the guidelines established in ARM 10.10.503.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-104, MCA
History: NEW, 1990 MAR p. 508, Eff. 3/16/90; AMD, 1992 MAR p. 219, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.22.104 Unreserved Fund Balance Reappropriated

(1) Any unreserved general fund end-of-the-year balance must be reappropriated, up to an amount not exceeding 15% of a school district's maximum general fund budget, to be used for property tax reduction, in accordance with 20-9-308 and 20-9-141, MCA.

(2) The amount reappropriated must be used to reduce the amount of additional financing required to fund a district's general fund budget in excess of the direct state aid and the special education payment for the district.

(3) The amount reappropriated must be applied in the following order:

(a) first, to reduce the revenue needed to be raised to fund the BASE budget as defined in 20-9-306, MCA; and

(b) second, to reduce the amount needed to be raised to fund any over-BASE budget amount.

(4) Subsection (3) does not apply if the amount reappropriated is less than or equal to any unspent amount of excess reserves identified on the final budget of the prior year as provided in ARM 10.22.103. If the trustees of a district elect to use excess reserves to reduce property taxes in the ensuing school fiscal year, the reappropriated amount may be used to reduce the levy for any portion of the general fund budget.

(5) Any unreserved fund balance in excess of 15% of a school district's maximum general fund budget must be remitted to the state.

(6) Any amounts remitted to the state under (5) are not considered expenditures to be applied against budget authority.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-104, 20-9-105, 20-9-308, MCA
History: NEW, 1990 MAR p. 508, Eff. 3/16/90; AMD, 1992 MAR p. 219, Eff. 2/14/92; AMD, 1992 MAR p. 2143, Eff. 9/25/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.22.105 Overexpended Budgets

(1) Section 20-9-133 , MCA, limits the trustees, all officers and employees of a district from making expenditures or incurring liabilities that will cause budgeted funds, as identified in 20-9-201 , MCA, to be overexpended. The exception is for the debt service fund for the reasons listed in 20-9-133 , MCA.

(2) Expenditures made, liabilities incurred or warrants issued in excess of any final budget shall not be the liability of the district and no district money shall be used to pay the same as per 20-9-133 , MCA.

(3) Section 20-3-332 , MCA, states that if the trustees of a district fail or refuse to be responsible for the proper administration and utilization of all district money, it shall constitute grounds for removal from office.

(4) When the Superintendent of Public Instruction becomes aware that a district has overexpended a fund's budget, the Superintendent may notify the district's board of trustees and request an explanation for the overexpenditure.

(a) The trustees shall respond in writing within 30 calendar days of receiving the Superintendent's notification and shall include in their response a description of the changes and/or controls that have, or will be, put in place at the district to prevent a reoccurrence of the situation that created the budget overdraft.

(5) Upon receiving the trustees' response, the Superintendent will determine whether further action is warranted and, if so, will notify the county attorney for the county that the district is located in and will also notify the Board of Public Education.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-3-332, 20-9-133, 20-9-315, MCA
History: NEW, 1992 MAR p. 219, Eff. 2/14/92; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Subchapter 10.22.2 Budget Amendments

Mont. Admin. R. 10.22.201 Authorization for Budget Amendment Adoption

(1) Section 20-9-161 , MCA, authorizes the trustees of a school district to amend an adopted budget of the district for the reasons provided in 20-9-161 (1) through (6) , MCA.

(2) Whenever the trustees of a district decide that a budget amendment is necessary, they shall proceed as follows:

(a) proclaim the need for a budget amendment in accordance with 20-9-162 , MCA;

(b) petition the state Superintendent for permission to adopt a resolution for a budget amendment if the amendment is for an enrollment increase;

(d) adopt the budget amendment resolution by a majority vote at a public meeting; and

(e) provide copies of the adopted budget amendment resolution to the county superintendent and state Superintendent of Public Instruction in accordance with 20-9-165 , MCA.

(3) A budget amendment for an unanticipated enrollment increase may not be adopted until after the first Monday in October, but must be adopted within the fiscal year to which the unanticipated enrollment increase applies.

(4) A budget amendment for any reason other than an unanticipated enrollment increase may be adopted at any time after the final budget is adopted and before June 30 of the school fiscal year.

(5) Budget amendment petitions for unanticipated enrollment increases must be received by the Superintendent of Public Instruction by May 31 of the school fiscal year to which the budget amendment applies. The Superintendent of Public Instruction will consider budget amendment petitions after May 31 only under exceptional circumstances that could not be foreseen by the district trustees as of May 31.

(6) A budget amendment may be adopted under the provisions of 20-9-161 (5) (e) , MCA, to expend all or a portion of taxes received in the current year and identified under the provisions of 20-9-161 (5) (a) through (d) , MCA.

(7) A budget amendment may be adopted under the provisions of 20-9-161 (5) (e) , MCA, to expend all or a portion of the taxes received in a prior year that have been identified as excess reserves under the provisions of 20-9-104 (5) , MCA, and ARM 10.22.103(3) and (4) .

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-161 through 20-9-165, MCA
History: NEW, 1992 MAR p. 222, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96.

Mont. Admin. R. 10.22.204 Budget Amendment Limitation

(1) When the budget amendment is for increased enrollment, the maximum amount of the budget amendment for each fund affected must be determined as follows:

(a) Determine the final budget for the current school fiscal year of each fund affected by the enrollment increase (less any amounts appropriated for capital outlay and any amounts appropriated for addition to the operating reserve) .

(b) Divide the amount determined in (1) (a) by the prior fiscal year enrollment used to calculate budgeted ANB in accordance with 20-9-311 , MCA, and ARM 10.20.102. The resulting per-pupil cost is the maximum permissible per-pupil expenditure for the budget amendment.

(c) Determine the total enrollment increase for the current year in accordance with ARM 10.20.105(1) (a) through (c) . The enrollment count for the current year that will be used to calculate an increase in enrollment will be the October enrollment count as reported to OPI on the fall report or, for petitions received after February 1, the February count reported to OPI on the spring enrollment report.

(d) Multiply the cost per pupil determined in (1) (b) by the enrollment increase determined in (1) (c) . The result is the maximum limitation on a budget amendment for amendments resulting from enrollment increases.

(e) In no case may the district adopt a budget amendment for an enrollment increase that causes the district to exceed the maximum general fund budget as adjusted by the Superintendent of Public Instruction in accordance with 20-9-163 , MCA. The maximum general fund budget will be adjusted as follows:

(i) Determine the enrollment increase for each budget unit within the elementary level or the high school level in accordance with ARM 10.20.105(2) (b) .

(ii) Prorate the total enrollment increase for the current year determined in (1) (c) to each budget unit by multiplying the total enrollment increase by the ratio of the enrollment increase by budget unit determined in (1) (e) (i) to the total enrollment increase determined in (1) (c) . Round the result of the calculation to the nearest hundredth (.xx) .

(iii) Determine the current year's adjusted ANB used to adjust the maximum general fund budget for each budget unit by:

(A) summing the prior year enrollment as defined in ARM 10.20.105(1) (b) by budget unit and the enrollment increase by budget unit as calculated in (1) (e) (ii) ;

(B) multiplying the sum in (1) (e) (iii) (A) by the total of PI days and PIR days approved for the current year, and dividing the total by 180; and

(iv) Calculate the basic entitlement and total per-ANB entitlement using the adjusted ANB as calculated in (1) (e) (iii) (C) .

(v) Subtract the basic entitlement and total per-ANB entitlement calculated using the ANB based on the prior year average enrollment from the basic entitlement and total per-ANB entitlement calculated in (1) (e) (iv) .

(vi) Determine the adjusted maximum general fund budget by adding the amount calculated in (1) (e) (v) to the current year maximum general fund budget reported on the budget form for the current fiscal year.

(2) For budget amendments other than those due to enrollment increases, the budget amendment is limited to the expenditures considered by the trustees to be reasonable and necessary to finance the conditions of the budget amendment. The budget amendment must include an expenditure detail.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-165, MCA
History: NEW, 1992 MAR p. 222, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.22.205 Budget Amendment Preparation and Adoption

(1) The adopted budget amendment must be signed by the presiding officer of the trustees and the clerk of the district. Copies must be sent to the county superintendent and the Superintendent of Public Instruction within 30 days after the adoption of the budget amendment.

(2) Upon receipt of the budget amendment resolution, the Office of Public Instruction will assign a project reporter number to the budget amendment to be used for accounting purposes. The expenditures related to the budget amendment must be accounted for separately using a project reporter number assigned by the Office of Public Instruction.

(3) Whenever a budget amendment has been adopted for:

(a) the general fund to finance the cost of increased enrollment, the trustees may apply to the Superintendent of Public Instruction for an increase in direct state aid as provided in 20-9-166 , MCA, and ARM 10.20.103(2) ; or

(b) the transportation fund, the trustees may apply to the Superintendent of Public Instruction for additional state transportation aid as provided in 20-9-166 , MCA, and ARM 10.7.107.

(4) The state Superintendent's receipt of an adopted budget amendment resolution signed by the presiding officer of the trustees and the district clerk shall be considered the district's application for additional state assistance under a budget amendment. The Superintendent of Public Instruction shall approve or disapprove each application for increased direct state aid or additional transportation aid made in accordance with 20-9-166 , MCA.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-165, 20-9-166, MCA
History: NEW, 1992 MAR p. 222, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Chapter 10.23 Permissive and Voted Amounts and Levies

Subchapter 10.23.1 Permissive and Voted Amounts, and Levies

Mont. Admin. R. 10.23.101A BUDGET UNIT

10.23.101A BUDGET UNIT

(TRANSFERRED)

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-311, 20-9-313, 20-9-314, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; TRANS & AMD, 1996 MAR p. 2168, Eff. 8/9/96.

Mont. Admin. R. 10.23.102 Funding the Base Budget Levy

(1) The BASE budget is funded by:

(a) guaranteed tax base aid for eligible districts, as provided in 20-9-368, MCA;

(b) property tax revenue generated by the BASE budget levy and the levy in support of a school not approved as an isolated school under the provisions of 20-9-302, MCA;

(d) special education allowable cost payments;

(e) qualified educator payments;

(f) Indian education for all payments deposited into the general fund;

(g) at-risk student payments;

(h) American Indian student achievement gap payments;

(i) data-for-achievement payment;

(j) nonlevy revenue; and

(k) reappropriated fund balance.

(2) To determine the BASE budget levy requirement needed to help fund the BASE budget area, the county superintendent shall first subtract the other revenues available to fund the district's BASE budget. The remaining amount is the BASE budget levy requirement.

(a) For purposes of calculating the general fund BASE budget levy requirement, nonlevy revenues must be estimated at an amount equal to the current year's actual collections, with the following exceptions:

(i) Revenue from coal gross proceeds shall be estimated by the DOR and reported to districts and county superintendents, by fund, by May 1. Districts must use the May 1 estimate provided by the DOR as the ensuing year's revenue budget for this funding source.

(ii) Anticipated tuition revenue for out of district pupils under the provisions of 20-5-321 through 20-5-323, MCA, may be used to fund the BASE or over-BASE budgets under 20-9-308, MCA and the tuition received for a pupil with disabilities in excess of the amount received for a pupil without disabilities as calculated under 20-5-323(2), MCA, may be deposited to the miscellaneous programs fund pursuant to 20-5-324, MCA.

(iii) Anticipated oil and natural gas production taxes.

(iv) Revenue from one-time funding sources, including prior year protested taxes, tax audit receipts, penalties and interest on taxes, and federal payments in lieu of tax, may be estimated in the ensuing year's budget in an amount that is based on the most current information available to the district.

(v) School block grant funding as provided in 20-9-630, MCA.

(3) To determine the BASE budget mills needed, the BASE budget levy requirement is divided by:

(a) for districts eligible for GTB aid, the sum of:

(i) the district's taxable valuation divided by 1000 plus,

(ii) the district's guaranteed tax base subsidy per mill.

(b) for districts that are not eligible for GTB aid, the district's taxable valuation divided by 1000.

(4) When reporting the general fund BASE budget levy requirements to the county commissioners in accordance with 20-9-141, MCA, each county superintendent must report the following information for each district eligible for GTB aid:

(a) the final district GTB ratio and the statewide GTB ratio for the current fiscal year, as provided by OPI in accordance with ARM 10.21.101B through 10.21.101D; and

(b) the calculation used to determine the mills needed to fund the levy requirement for the BASE budget.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-5-321, 20-5-322, 20-5-323, 20-5-324, 20-9-141, 20-9-308, MCA
History: NEW, 1990 MAR p. 723, Eff. 3/16/90; AMD, 1992 MAR p. 224, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2016 MAR p. 880, Eff. 5/21/16.

Mont. Admin. R. 10.23.102A FUNDING FOR OVER-BASE BUDGET

10.23.102A FUNDING FOR OVER-BASE BUDGET

(1) The over-BASE budget is funded by:

(a) any amount of reappropriated fund balance and nonlevy revenue remaining after the BASE budget is funded;

(b) estimated tuition receipts not used to fund the BASE budget;

(c) excess general fund reserves established in accordance with ARM 10.22.103 and reported on the final budget for the current year; and

(d) a district property tax levy.

(2) Guaranteed tax base aid may not be used to fund the over-BASE budget.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-308, MCA
History: NEW, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2002 MAR p. 1740, Eff. 6/28/02.

Mont. Admin. R. 10.23.103 Voted Amount

(1) If adopting a general fund budget that is less than or equal to the ensuing year's maximum general fund budget and is within limits of 20-9-308, MCA, the trustees of a district must obtain voter approval for any dollar increase in the over-BASE levy budgeted for the current year.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-353, MCA
History: NEW, 1990 MAR p. 510, Eff. 3/16/90; AMD, 1992 MAR p. 224, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2006 MAR p. 3070, Eff. 12/22/06; AMD, 2008 MAR p. 1692, Eff. 8/15/08.

Mont. Admin. R. 10.23.104 Retirement Levies

(1) Net county retirement levy requirement for elementary and high school retirement funds is defined in ARM 10.15.101.

(2) To determine the retirement mills needed, the net county retirement levy requirement for each fund is divided by:

(a) the sum of the county's taxable valuation as defined in ARM 10.15.101 divided by 1000 plus

(b) the state subsidy per mill for elementary and high school retirement funds provided to each county by the Office of Public Instruction. The state subsidy per mill shall be calculated as follows:

(i) the difference between the statewide mill value per ANB as defined in ARM 10.15.101 and the county mill value per ANB as defined in ARM 10.15.101 multiplied by the sum of all the county's elementary or high school budgeted ANB that is being used to calculate the districts' direct state aid for the school year for which the GTB funding is being sought.

(3) All counties, including those eligible for GTB aid and those not eligible for GTB aid, must use all revenue enumerated in 20-9-501 , MCA, including the revenue listed in (2) to fund the final retirement budget.

(4) When reporting the net retirement levy requirements to the county commissioners in accordance with 20-9-501 , MCA, each county superintendent must report the following information for each county eligible for GTB aid:

(a) the state subsidy for elementary and high school retirement funds;

(b) the calculation used to determine the mills needed to fund the net county retirement levy requirements.

History

Authorizing statute(s): 20-9-102, 20-9-369, MCA
Implementing statute(s): 20-9-368, 20-9-501, MCA
History: NEW, 1990 MAR p. 723, Eff. 3/16/90; AMD, 1990 MAR p. 2277, Eff. 12/28/90; AMD, 1992 MAR p. 224, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.23.108 Anb and Basic Entitlement Calculations in Annexations and Consolidations

(1) In accordance with 20-9-311 (8) , MCA, for purposes of calculating the per-ANB and basic entitlement for the first three years that a school district continues after a consolidation or annexation the following will apply:

(a) Enrollment used to calculate the budgeted ANB of the school district that remains after the consolidation or annexation will be the enrollments of the separate school districts operating in the prior year, calculated as separate budget units.

(i) The enrollment of a school in nonoperating status in the prior year will not be used in calculating ANB, since no students were enrolled.

(ii) The enrollment of a district operating a school in the previous year that is subsequently closed when the districts are consolidated or annexed will be used in calculating current ANB and three-year ANB the first year the consolidation or annexation is effective. After the first year, the closed school will be factored into ANB calculations using a zero enrollment amount in calculating three-year ANB by budget unit.

(b) The combined district will receive a separate basic entitlement for the district or districts which combined for each of the six years after the consolidation or annexation becomes effective regardless of the distance between the schools or whether schools remain in operation. That is, the number of basic entitlements for the district after consolidation or annexation will be the same as the number before consolidation or annexation during this six year period, with percentage reductions during the last three years as provided in 20-9-311 , MCA.

(i) The basic entitlement of a school in nonoperating status in the prior year will be zero.

(ii) The basic entitlement of a district operating a school in the previous year that is subsequently closed when the districts are consolidated or annexed will be calculated the first year using the enrollment for the prior year as a factor in determining the current ANB and three-year ANB for budgeting purposes. After the first year, the basic entitlement will be calculated using enrollment of zero for the closed budget unit in the calculation of current ANB or three-year ANB to determine the budgeted ANB under 20-9-311 , MCA.

(iii) The basic entitlement for a district which continues to operate a school after the districts are consolidated or annexed will be calculated using the enrollment used for budgeted ANB.

(c) All schools of the combined district are subject to the school isolation requirements of 20-9-302 and 20-9-303 , MCA. The district will provide the mandatory nonisolated levies in support of the general fund as necessary to support the increased entitlement provided by 20-9-311 (8) (a) (iv) , MCA.

(d) Trustees of a district which is entitled to receive additional entitlement under 20-9-311 (8) (a) (iv) , MCA, may forego the additional entitlement by sending a resolution to OPI by June 30.

History

Authorizing statute(s): 20-9-102, MCA
Implementing statute(s): 20-9-308, 20-9-311, MCA
History: NEW, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Chapter 10.30 School Structure and Classification

Subchapter 10.30.1 Procedures for Isolation Classification

Mont. Admin. R. 10.30.101 Application Information

(1) The trustees of a district applying to have a school classified as an isolated school shall provide information as requested by the Superintendent of Public Instruction. Isolation status shall be approved for a period of three consecutive school years, or until there are changes in the approval criteria documentation provided to the Superintendent of Public Instruction. If during that period there are changes in the conditions allowing isolation classification, or the school is no longer accredited by the Board of Public Education, isolation classification is terminated.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-9-302, MCA
History: TRANS & AMD, 1990 MAR p. 505, Eff. 3/16/90.

Mont. Admin. R. 10.30.102 Approval Criteria

(1) Trustees must submit the application for isolation status as required by 20-9-302 , MCA, to the county superintendent by May 1 of the second consecutive year in which the average adjusted enrollment as calculated in ARM 10.20.102(15) results in ANB of less than 10 elementary or 25 high school students for the ensuing fiscal year.

(2) In considering a request for approval of an application to have a school classified as an isolated school, the State Superintendent of Public Instruction shall utilize the following criteria:

(a) an application form has been completed by the trustees, received by the county superintendent, approved by the Board of County Commissioners, and received by the Superintendent of Public Instruction pursuant to the provisions of 20-6-502 (4) and 20-9-302 , MCA;

(b) the applicant school is an operating elementary school district of less than 10 ANB or a high school of less than 25 ANB for the second consecutive year;

(c) another operating school(s) with room to accommodate applicant's students is further than a distance of 20 passable road miles from applicant school; and

(d) less than 50% or more of the students from the applicant school can, under normal conditions, be transported to the closest operating school(s) in a period of one hour or less.

(i) in determining transportation time to the closest operating school with room to accommodate students, available bus transportation, either elementary or high school, will be taken into consideration.

(ii) if a family member rides a bus to another school, that bus will be considered as available transportation for an elementary child in the same family if the bus provides transportation to an available operating school with room to accommodate the student.

(e) extenuating circumstances which support a variance from the requirements of (2) (a) through (d) , must be documented for consideration by the State Superintendent of Public Instruction.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-502, 20-9-302, MCA
History: TRANS & AMD, 1990 MAR p. 505, Eff. 3/16/90; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 2002 MAR p. 1740, Eff. 6/28/02; AMD, 2004 MAR p. 1613, Eff. 7/23/04.

Subchapter 10.30.2 Opening Middle Schools

Mont. Admin. R. 10.30.201 Approval Criteria--Middle School

(1) In considering a request for approval to open a middle school, the Superintendent of Public Instruction shall utilize the criteria set forth below:

(a) the program must comprise the work of grades 4 through 8 or any combination thereof, as defined in 20-6-501 (1) , MCA;

(b) the middle school must be organized and administered to provide a cohesive unit within the educational system of the school district. A cohesive unit shall be interpreted as a portion of a school system which is located in one area of the school facilities, is under the overall direction of a single administrative leadership, and is easily identifiable as a unique school unit;

(c) sufficient evidence must be provided that, if established, the middle school can meet state accreditation standards for middle schools adopted as set forth in Title 10, chapter 55 by the Board of Public Education;

(d) other factors may be taken into account which are deemed reasonable and appropriate to consider in establishment of a middle school.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-507, MCA
History: TRANS & AMD, 1990 MAR p. 505, Eff. 3/16/90.

Subchapter 10.30.3 Opening Junior High Schools

Mont. Admin. R. 10.30.301 Approval Criteria--Junior High School

(1) In considering a request for approval to open a junior high school, the Superintendent of Public Instruction will utilize the criteria set forth below:

(a) the program will comprise the work of grades 7 through 9 or their equivalents, as defined in 20-6-501 (2) (a) , MCA;

(b) the junior high school must be organized and administered to provide a cohesive unit within the educational system of the school district. A cohesive unit shall be interpreted as a portion of a school system which is located in one area of the school facilities, which is under the overall direction of a single administrative leadership and which is easily identifiable as a unique school unit;

(c) sufficient evidence is provided that, if established, the junior high school can meet state accreditation standards for junior high schools as set forth in Title 10, chapter 55 by the Board of Public Education;

(d) other factors may be taken into account which are deemed reasonable and appropriate to consider in establishment of a junior high school.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-504, 20-6-505, MCA
History: NEW, 1990 MAR p. 505, Eff. 3/16/90.

Subchapter 10.30.4 K-12 Districts

Mont. Admin. R. 10.30.402 Creation of K-12 Districts

(1) A request to the county superintendent or, if the districts involved are joint districts, to the county superintendent of the located district to order the attachment of an elementary district and a high school district with the same boundaries, may be introduced by:

(a) a single resolution by the joint board of trustees of an elementary and high school district with the same boundaries; or

(b) resolutions by each of the boards of trustees of the districts that would become part of a K-12 district, if the boards are not joint.

(2) Each resolution must include the legal name of each of the districts, a statement that the two districts share the same boundaries, a statement of the combining of the bonded indebtedness of the districts through the assumption by the high school district of the bonded indebtedness of the elementary district upon attachment, and the effective fiscal year of the attachment.

(3) Each resolution must be filed in time to allow the trustees to prepare the budgets and hold mill levy elections within the legal statutory timeframes.

(4) If for any reason an elementary district's boundaries become the same as a high school district's boundaries, it must attach to the high school district to establish a K-12 district by July of the ensuing fiscal year unless exempt under 20-6-701 , MCA.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-701, MCA
History: NEW, 1992 MAR p. 226, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98.

Mont. Admin. R. 10.30.403 Transition to K-12 Districts

(1) When an attachment order has been communicated to the Board of County Commissioners pursuant to 20-6-701, MCA:

(a) The Board of County Commissioners and the Board of Trustees of the elementary district will proceed to prepare all instruments necessary to convey title to the real and personal property of the elementary district to the high school district, so that these instruments may be executed and effective as of July 1 of the fiscal year of the attachment;

(b) The officials of the elementary district trustees shall entrust the district official records and all district property and materials to the high school district trustees on July 1 of the year of the attachment;

(c) The county treasurer, in accordance with procedures established by the Department of Commerce and the State Superintendent of Public Instruction, shall transfer all elementary district fund balances to the high school district's funds effective July 1 of the year of the attachment. The K-12 school district will assume the cash and liabilities of the attached elementary district, and will maintain a single budgeted or nonbudgeted fund for each of the authorized funds of the K-12 district for the costs of operating all grades and programs of the district, pursuant to accounting and reporting procedures prescribed by the Office of Public Instruction.

(2) The board of trustees of the high school district will become the trustees of the K-12 district effective July 1 of the year of the attachment.

(3) End-of-year elementary district fiscal and nonfiscal reporting will be completed as required for the elementary district for the school year prior to the formation of a K-12 district. If the end-of-year elementary reporting is due after the effective date of the formation of the K-12 district, the reports shall be completed and filed by the officials of the newly formed K-12 district.

(4) The elementary and high school district officials shall prepare a single budget per fund for the K-12 district for the effective year of formation of the K-12 district, and for each year thereafter, using the forms and procedures established by the State Superintendent of Public Instruction.

(a) The school district general fund budget limitations established by 20-9-308, MCA, shall be determined for K-12 districts in the following manner:

(i) The budget limitations shall be applied to the combined total of the elementary and high school budgets for the fiscal year prior to the effective fiscal year of the attachment. For each year thereafter, the budget limitations shall be applied to the prior year K-12 district budget.

(ii) In order to determine equalized status of a transition K-12 school district for the ensuing fiscal year, the district shall make the following calculation:

If 3c is less than or equal to the Maximum General Fund Budget (line 2c), the K-12 district will be considered "equalized" in the ensuing school year (FY 20XX+1). If not, then the K-12 district will be considered "not equalized" for the ensuing school year.

(b) For the purpose of determining guaranteed tax base aid, the BASE budget levy amount for a K-12 district will be prorated between elementary and high school programs using the ratio of the elementary GTBA budget area to the high school GTBA budget area.

(i) The ratio for prorating the BASE budget levy will be determined in the following manner:

Calculation of ratio for proration of GTBA budget area

(ii) The eligibility for guaranteed tax base aid will be determined for the elementary prorated portion and for the high school prorated portion using the procedures established for elementary and high school districts set out in ARM 10.21.101F, on the Office of Public Instruction budget forms. The K-12 district will be eligible to receive the sum of the amounts of guaranteed tax base aid determined for both the elementary and high school prorated portions, or for a single portion if eligibility is determined only for the elementary or the high school portion of the BASE budget amount.

(c) After the resolution to attach and establish a K-12 district, the trustees of the K-12 district will submit a single proposition to the voters for the amount of the K-12 general fund budget that must be submitted to the electorate.

(5) For the initial year of the K-12 district, eligibility for program funding, established by the State Superintendent of Public Instruction in the year prior to the formation of the K-12 districts, will be transferred to the K-12 district. Characteristics of the districts (i.e., enrollment, expenditures, low-income data, needs assessment) may be calculated based on the combined districts' characteristics if the funding would be adversely affected when calculated separately, and if allowed by program requirements. Following the initial year of the K-12 district, funding eligibility will be determined for K-12 programs as a single district, or per specific program requirements.

(6) All certified employees of the elementary and high school district who have the right of tenure under Montana law will continue to have tenure in the K-12 district, and all noncertified employees of the elementary district must be given preference in hiring for any K-12 district position for which the employee has substantially equal qualifications, pursuant to 20-6-711, MCA.

Current FY 20XX Elementary BASE Budget Limit | 1a Current FY 20XX High School BASE Budget Limit | 1b Combined BASE Budget Limit (1a+1b) | 1c Current FY 20XX Elementary Maximum General Fund Budget Limit | 2a Current FY 20XX High School Maximum General Fund Budget Limit | 2b Combined Maximum General Fund Budget Limit (2a+2b) | 2c FY 20XX Elementary Adopted General Fund Budget | 3a FY 20XX High School Adopted General Fund Budget | 3b FY 20XX Combined Adopted General Fund Budget (3a+3b) | 3c

| Elem. | H.S. | K-12 (A) 80% of Basic Entitlement | ______ | ______ | ______ (B) 80% of Per-Student Entitlement | ______ | ______ | ______ (C) Special Education Allowable Cost Payments: | | | (I) Allowable costs, including disproportionate cost reimbursement times (Elementary current ANB divided by total K-12 ANB) | ______ | | (II) [Allowable costs, including disproportionate cost reimbursement times (High School current ANB divided by total K-12 current ANB) ] | | ______ | (III) Total K-12 allowable cost payments | | | ______ (D) Related Services Payment to Co-op | ______ | ______ | ______ (E) 40% of Special Education Allowable Costs & Related Services Payment to Co-op [ 40 times (C) +(D) ] ___ | ______ | ______ | ______ (F) BASE Budget Limit [ (A) +(B) +(C) +(E) ] | ______ | ______ | ______ (G) Direct Aid Payment [(A+B) times the direct state aid percentage in 20-9-306, MCA] | G1__ | G2 | G3 (H) GTBA Budget Area [ (F) -(G) -(C) ] | H1 | H2 | H3 (I) Prorated GTBA Budget Area | H1/H3 | H2/H3 | 100%

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-702, 20-6-703, 20-6-711, MCA
History: NEW, 1992 MAR p. 226, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2000 MAR p. 632, Eff. 2/25/00; AMD, 2004 MAR p. 1613, Eff. 7/23/04; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.30.404 District Equalization Funding

(1) State equalization funding for the K-12 district will be determined in the following manner:

(a) The direct state aid payments will be distributed to the K-12 district based on calculations pursuant to 20-9-306 , MCA, determined by grade level program for budget units of the district.

(b) The special education funding will be distributed to the K-12 district based on 20-9-321 , MCA, as a total of the allowable cost payments for the special education elementary and high school programs of the K-12 district.

(c) For purposes of determining budget limits and eligibility for GTB aid, state special education payments provided to cooperatives for related services will be added with the payment granted directly to the K-12 districts based on separate elementary and high school program calculations as set out in ARM 10.22.102.

(d) The school facility reimbursement will be distributed to K-12 districts per ARM 10.21.101I with each bond identified with date of issue and level of indebtedness.

(2) The basic county tax for the elementary BASE funding program and the basic special tax for the high school BASE funding program will continue to be assessed based on the elementary district and the high school district taxation structure.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-702, MCA
History: NEW, 1992 MAR p. 226, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2000 MAR p. 632, Eff. 2/25/00.

Mont. Admin. R. 10.30.406 Exceptions to High School Provisions

(1) The K-12 school district is subject to the provisions of law for high school districts except for those situations set out in Title 20, chapter 6, MCA, and this title.

(a) The retirement fund of a K-12 district will be a high school retirement fund, and the eligibility for guaranteed tax base aid will be determined based on the high school mill value per ANB. The guaranteed tax base aid payment for the high school retirement fund will be awarded to a county with a K-12 district using the number of high school budgeted ANB in the county plus the elementary budgeted ANB of any K-12 district in the county times the statewide subsidy per mill per ANB as calculated by the Superintendent of Public Instruction. The guaranteed tax base aid payment for the elementary retirement fund will be awarded to a county with a K-12 district using the number of elementary budgeted ANB from elementary districts in the county, but not including the elementary ANB from any K-12 districts in the county. However, the calculations for the statewide and the county mill value per ANB will utilize the elementary budgeted ANB of the K-12 district for the statewide and county elementary calculation and the high school budgeted ANB of the K-12 district for the statewide and county high school calculation.

(b) Tuition calculations will be determined separately for high school and elementary pupils using the rates established in ARM 10.10.301. Tuition will be budgeted in a single K-12 district fund and payment financed as set out in 20-5-324 , MCA, for the elementary and high school tuition amounts.

(c) Unusual enrollment increase eligibility, pursuant to 20-9-314 , MCA, will be determined separately for elementary enrollment and for high school enrollment, and not based on total K-12 district enrollment.

(d) The end-of-year fund balance of a K-12 school district lease or rental agreement fund which exceeds $20,000 shall be transferred to the general fund of the district.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-702, MCA
History: NEW, 1992 MAR p. 226, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; AMD, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Mont. Admin. R. 10.30.415 Dissolution of K-12 Districts

(1) If a K-12 district has voted to dissolve in order to consolidate with one or more K-12 or non-K-12 districts or if the trustees of the district have passed a resolution to dissolve the K-12 district under the exception provided in 20-6-704 (2) , MCA, the following shall apply:

(a) To determine prior year adopted budget amounts for the elementary and high school portions of the dissolved K-12 district, divide the adopted budget of the K-12 district for the last school year by the maximum budget limit of the K-12. Multiply the result times the maximum limit portion as determined by the elementary program and times the maximum limit portion as determined by the high school program.

(b) To determine prior year ANB for the elementary and high school portions of the dissolved K-12 district to be used to calculate spending limitations for the consolidated district(s) , use budgeted ANB per elementary portion and budgeted ANB per high school portion of the K-12 from the prior year.

History

Authorizing statute(s): 20-3-106, MCA
Implementing statute(s): 20-6-704, MCA
History: NEW, 1996 MAR p. 2168, Eff. 8/9/96; AMD, 1998 MAR p. 1719, Eff. 6/26/98; AMD, 2006 MAR p. 3070, Eff. 12/22/06.

Chapter 10.40 Student Protection and Background Checks

Subchapter 10.40.1 Student Protection Policy Requirements

Mont. Admin. R. 10.40.101 Definitions

For the purpose of implementing the provisions of 20-3-323(1)(d), MCA, the following definitions apply:

(1) “Contact" means any direct, personal interaction that involves communication or engagement of any kind between an adult and a student.

(2) "In school” means physically present in a public school, an offsite instructional setting as defined in 20-1-101, MCA, or a work-based learning setting as provided in 20-7-1510, MCA, for which school credit is granted.

(3) “In transit to a school-sponsored activity” means while a student is being provided transportation by a school district employee or a private contractor on a bus or other vehicle owned or contracted by the school district.

(4) “Momentary absence" means brief, temporary intervals during which a second adult is not physically present. Such absences are short, typically involving situations like stepping away for a bathroom break or addressing an urgent matter.

(5) “Public environment” means a location where multiple students are present or, in the context of work-based learning or school-sponsored activities, a space where the general public is allowed to enter. These environments are characterized by clear visibility and accessibility, allowing students to be seen or monitored by other students, staff members, or members of the public.

(6) “School-sponsored activity" means any event, program, or function that is organized, funded, or endorsed by a school district.

(7) "Unsupervised" means where one or more students are left unattended and alone in the physical presence of an adult.

History

Authorizing statute(s): 20-3-323, 20-3-324, MCA
Implementing statute(s): 2-4-308, 20-3-106, MCA
History: NEW, 2026 MAR, Notice No. 2025-846, Eff. 3/7/26.

Mont. Admin. R. 10.40.102 Requirement for Student Protection Policy

(1) A student protection policy adopted pursuant to 20-3-323, MCA, must ensure that students do not have unsupervised contact with an adult who has not undergone a fingerprint-based national criminal history background check that complies with the requirements of 20-3-323(1)(d), MCA. This means that a student may not be left unattended and alone in the physical presence of an adult who has not undergone such a background check, except for in the case of a momentary absence or in a public environment.

(2) When the fingerprint background check results are reviewed by someone other than the trustees or the superintendent of the district under 20-3-323(1)(d)(ii), MCA, such individuals designated by the trustees to review the results of the background check are limited to individuals authorized by law to receive, review and share Criminal History Record Information (CHRI) with the district.

(3) Any individual reviewing the fingerprint background check results under (1) must possess a valid authorization from the person being fingerprinted to review and share the results with the district.

History

Authorizing statute(s): 20-3-323, 20-3-324, MCA
Implementing statute(s): 2-4-308, 20-3-106, MCA
History: NEW, 2026 MAR, Notice No. 2025-846, Eff. 3/7/26.

Chapter 10.41 Career and Vocational/Technical Education

Subchapter 10.41.1 General Rules

Mont. Admin. R. 10.41.101 Definitions

Terms used in reference to career and vocational/technical education are defined as follows:

(1) "Additional costs" are those costs which exceed the average costs of classroom courses and include the following:

(a) career and vocational/technical education teacher salaries for career experience supervision, career and vocational/technical work experiences (excluding student compensation) , curriculum or program development and programs that extend beyond the school year;

(b) stipends to career and vocational/technical education teachers for supervision of career and technical student organizations;

(d) instructional-related travel expenses for an approved program or career and technical student organization.

(2) "Approved secondary career and vocational/technical programs" are high school programs that meet K-12 career and vocational/technical education standards and guidelines authorized by 20-8-303, MCA, and receive approval by the superintendent of public instruction.

(3) "Board of public education" means the board created by Article X, section 9, subsection (3) of the Montana Constitution and 2-15-1507, MCA.

(4) "Career and technical student organization" or "CTSO" means an organization of students in career and vocational/ technical programs that serves members by providing opportunities for leadership, citizenship and skill development. Activities are an integral part of the program and are carried out at local, state and national levels in affiliation with the following organizations: FFA, family, career and community leaders of America (FCCLA) , DECA, business professionals of America (BPA) , SkillsUSA-VICA, health occupations students of America (HOSA) , technology students association (TSA) and other CTSO's affiliated with new and emerging programs.

(5) "Career and vocational/technical education" means instruction that should include:

(a) classroom instruction;

(b) classroom related field and laboratory experience;

(d) activities of career and technical student organizations which are an integral part of program instruction.

(6) "Career and vocational/technical education course" means a semester of career and vocational/technical education study within an approved program where vocational/technical credit is given.

(7) "Career and vocational/technical education programs" means organized educational activities, as defined in 20-1-101(8) , MCA which may include the following programs:

(a) agriculture education;

(b) business and marketing education;

(d) health occupations education;

(e) industrial technology education;

(f) trade and industrial education; and

(g) OPI approved new and emerging programs.

(8) "Career and vocational/technical instructor certification" means certification of instructors in accordance with the board of public education requirements and endorsed in the program area for which they are making application.

(9) "Career experience supervision" is an option available to districts and, if chosen by a district, must include a minimum of five days of student-related instruction that relates to the program for which the enrollment report is generated. Compensation for this supervision is subject to collective bargaining, or where there is no recognized bargaining agent, to board policy.

(10) "Career skills instruction" means instruction directly preparing students for employment and/or further education or training in a career cluster related to the field of study or profession.

(11) "Career title" means the common name by which a position is identified. The generally accepted source is the classification of instructional programs (CIP) .

(12) "Incentive funding formula" means a formula determined by the superintendent of public instruction according to additional costs of career and vocational/technical education programs based on weighted factors.

(13) "K-12 career and vocational/technical education" means organized educational activities that have been approved by the office of public instruction and that:

(a) offer a sequence of courses that provide a pupil with the academic and technical knowledge and skills that the pupil needs to prepare for further education and for careers in the current or emerging employment sectors; and

(b) include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills of the pupil.

(14) "K-12 career and vocational/technical education enrollment" is determined by the number of students reported on the enrollment form for an approved program in the same year that a state career and technical education application is submitted.

(15) "Local advisory committee" means a group of persons, the majority of whom are outside the education profession, who are representative of the community and are educated/trained/ employed in careers related to the career and vocational/ technical education programs.

(16) "Secondary career and vocational/technical education program" means organized educational activities, as defined in 20-1-101(8) , MCA, in high school (grades 9 through 12) which may include the following programs:

(a) agriculture education;

(b) business and marketing education;

(d) family and consumer sciences education;

(e) health occupations education;

(f) trade and industrial education; and

(g) OPI approved new and emerging programs.

(17) "State director of K-12 career and vocational/ technical education" means the person that is the state administrator of all elementary and secondary career and vocational/technical education programs under the state superintendent and that:

(a) administers the K-12 career and vocational/technical education policies adopted by the superintendent of public instruction;

(b) prepares curriculum guides for adoption by the superintendent of public instruction; and

(c) employs, with the confirmation of the superintendent of public instruction, professional staff consisting of individuals prepared in agriculture education, business and marketing education, health occupations education, family and consumer sciences education, industrial technology education, and other new and emerging vocational/technical education fields.

(18) "Superintendent of public instruction" means the state government official designated as a member of the executive branch by the Montana Constitution.

(19) "Work experience" means a component of career and vocational/technical education that provides students with on-the-job training or simulated experiences related to their career and vocational/technical education program. The time requirement for students in work experience must be equivalent to the time requirement for credit to be earned.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.102 State Plan

(1) There shall be a state plan for career and vocational/technical education in Montana. The superintendent of public instruction shall be the governing agent to disburse federal and state K-12 career and vocational/technical education funds and to plan, coordinate, govern and provide leadership for the state K-12 career and vocational/technical education system.

(2) The state plan shall be included in the policies adopted by the superintendent of public instruction.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.103 State Director of K-12 Career and Vocational/ Technical Education Services

(1) The state director of K-12 career and vocational/technical education services is the appointed state administrator for career and vocational/ technical education.

(2) The state director of K-12 career and vocational/ technical education shall be responsible for implementing all policies adopted by the superintendent of public instruction for the administration of career and vocational/technical education.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.104 Employment of State Staff

(1) The state director of K-12 career and vocational/technical education shall employ, with the confirmation of the superintendent of public instruction, those staff positions required in 20-7-308, MCA. In addition, the state director may employ, upon approval of the superintendent of public instruction, professional staff in health occupations education and other new and emerging vocational/technical education fields.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.106 Accountability

(1) The state director of K-12 career and vocational/technical education will determine that career and vocational/technical education activities within the state are being conducted according to federal and state rules and regulations.

(2) The state director of K-12 career and vocational/technical education and staff will determine evaluation, auditing and reporting procedures.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.109 Execution of Local Career and Vocational/ Technical Education Programs

(1) Instructors shall be certified in accordance with the board of public education requirements and endorsed in the program area for which they are making application.

(2) Approved career and vocational/technical education programs shall be in compliance with state requirements, directives and laws.

(3) If program deficiencies are not corrected within the program year, career and vocational/technical education funding may be withheld or denied by the superintendent of public instruction.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 20-7-303, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 1304, Eff. 3/15/02.

Mont. Admin. R. 10.41.111 Administration of Employment and Training

(1) Employment and training funds distributed from the state treasury at the direction and discretion of the superintendent of public instruction for use by educational institutions shall be administered in cooperation with local educational agencies and/or other state agencies.

(2) Any employment and training programs proposed for local education agencies (secondary public schools) must be reviewed and approved by the superintendent of public instruction.

(3) It shall be the responsibility of the state director of K-12 career and vocational/technical education to resolve conflicts of authority or interest and to insure that services are not needlessly duplicated.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.115 Approval of Programs

(1) Secondary career and vocational/technical education programs must have approval of the superintendent of public instruction prior to receipt of funds.

(2) The state director of K-12 career and vocational/ technical education shall recommend to the superintendent of public instruction which programs should be approved, based on established criteria and consistent with state and federal law.

(3) Program titles may refer to classification of instructional program codes (CIP) .

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.118 Local Advisory Committee

(1) A local advisory committee is a group of persons who advise and assist decision makers on the design and maintenance of relevant career and vocational/technical education programs based on the assessed needs of the community, region, state, or nation. The advisory committee's primary function is to provide industry-specific information and assistance to the career and vocational/ technical education program.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.120 State Career and Vocational/Technical Education Data Collection

(1) Institutions/schools offering career and vocational/technical education shall report on a timely basis to enable the state director of K-12 career and vocational/technical education to prepare required state and federal reports.

(2) Reporting forms developed by the state director of K-12 career and vocational/technical education and approved by the superintendent of public instruction shall be furnished to the local institution.

(3) Failure of institutions/schools to submit required information may result in loss of funding.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.124 Adequate Funding

(1) The superintendent of public instruction and the state director of K-12 career and vocational/technical education shall work toward assuring adequate funding of Montana's career and vocational/technical education programs from all levels of government (federal, state and local) .

(2) The state director of K-12 career and vocational/ technical education shall be prepared to conduct cost studies to determine funding requirements for career and vocational/technical programs.

(3) The state director of K-12 career and vocational/ technical education shall be prepared to provide to the superintendent of public instruction, governor and state legislature a complete analysis of career and vocational/ technical education program budgets as requested.

(4) The state director of K-12 career and vocational/ technical education shall disseminate the program approval requirements to the educational institutions of Montana.

History

Authorizing statute(s): Sec. 20-3-106, 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 39-6-103, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.125 Responsibility for Disbursement of State and Federal Funds

(1) The superintendent of public instruction shall be responsible for the disbursement of state and federal funds for K-12 career and vocational/ technical education.

(2) Federal career and vocational/technical education funds shall be allocated to local educational agencies and other eligible recipients. The method used for allocation of funds shall be developed in accordance with state and federal laws.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.126 Criteria for Allocation of Funds

(1) Each agency requesting funds for a career and vocational/technical education program must submit an annual application. Approved programs shall be the only programs eligible for funding. "Standards and Guidelines for Secondary Career and Vocational/Technical Education in Montana" contains approval criteria for programs.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.130 Conduct of Evaluation

(1) State staff members may visit institutions in order to obtain appropriate information. Institutions/schools shall provide data required, arrange for written materials to be made available, and otherwise expedite the work of the person(s) making the visit.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-301, 20-7-302. 1, MCA
History: NEW, 1980 MAR p. 1502, Eff. 6/30/80; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1993 MAR p. 296, Eff. 2/26/93; AMD, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.132 Eligibility Requirements for State Career and Vocational/Technical Education Funding

(1) Each program must meet the K-12 "Standards and Guidelines for Secondary Career and Vocational/Technical Education in Montana" for an approved secondary career and vocational/technical education program to be eligible for state funding. Requirements common to all programs are:

(a) The program shall have the primary objective of developing skills leading to employment as well as entry into advanced career and vocational/technical training;

(b) Specific objectives shall be defined in terms of skills to be developed and related to a specific career by CIP code;

(d) The program shall be determined by the career and vocational/technical education needs of students based on a needs assessment. Program information shall be projected for more than a one-year period;

(e) Programs shall be developed and conducted in consultation with an advisory council/committee;

(f) Instruction shall be based on an analysis of skills and knowledge required in the career cluster;

(g) The program shall develop personal, career and leadership skills that promote the transition from school to careers. Career and technical student organizations (CTSO's) that foster these skills are: FFA, FCCLA, DECA, BPA, HOSA, SkillsUSA-VICA, and TSA;

(h) Provision shall be made for career and vocational/ technical guidance and shall include, but not be limited to, career information and counseling;

(i) Prerequisite courses may be required which provide students with information and experience to make sound career, education and/or training choices;

(j) Instructors shall be certified in accordance with the board of public education requirements and endorsed in the program area for which they are making application;

(k) Instructional equipment and facilities shall be modern and reflective of industry standards and adequate for the maintenance of acceptable education, health and safety standards;

(l) Provisions shall be made for follow-up of secondary graduates;

(m) The maximum number of students per class shall be determined with consideration given to instructional environment, equipment, supervision, safety, space and resources, and individual student instruction;

(n) Programs should be planned to provide a seamless system of organized educational activities;

(o) Programs shall ensure equal access for all students;

(p) Each school shall conduct a yearly career and vocational/technical program self-evaluation and submit a copy to the office of public instruction. The school shall cooperate with the office of public instruction in program review and evaluation activities;

(q) Local education agencies shall use career and vocational/technical education funds to add to or enhance local funds to improve career and vocational/technical programs. Funds will not be approved when it has been determined that replacement of local funds will occur;

(r) Accounting procedures must use standard school accounting codes. The money received by the high school district must be deposited into the subfund of the miscellaneous programs fund established by 20-9-507, MCA and may be expended only for approved secondary K-12 career and vocational/technical education programs. The expenditure of the money must be reported in the annual trustees' report as required by 20-9-213, MCA.

(2) A school district must have operated an approved secondary career and vocational/technical education program in the immediate preceding year to be eligible for state funding.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 20-7-303, 20-7-305, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD & TRANS, 2002 MAR p. 1304, Eff. 3/15/02.

Mont. Admin. R. 10.41.133 Procedures for Applying to Receive State Career and Vocational/Technical Education Funding

(1) School districts must make application to the superintendent of public instruction to receive state funding for the additional program costs, using forms provided by the office of public instruction.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 20-7-303, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD & TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.134 Accounting and Reporting

(1) Each school district receiving state career and vocational/technical education funds must deposit those funds into the miscellaneous program fund as established by 20-9-507, MCA and may be expended only for approved secondary career and vocational/technical education programs. The expenditure of the funds must be reported on the annual trustees' report as required by 20-9-203, MCA.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 20-7-303, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD & TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.135 Standards and Guidelines for Secondary Career and Vocational/Technical Education in Montana

(1) The superintendent of public instruction hereby adopts and incorporates by reference "Standards and Guidelines for Secondary Career and Vocational/Technical Education" 2002 edition. A copy of this document may be obtained from the State Director of K-12 Career and Vocational/Technical Education, Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-302. 1, 20-7-303, MCA
History: NEW, 1992 MAR p. 2144, Eff. 9/25/92; AMD & TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.41.136 Incentive Funding Formula

(1) The incentive funding formula defined in ARM 10.41.101(12) shall be equally applied to each career and vocational/technical education program. The formula includes, but is not limited to:

(a) K-12 career and vocational/technical education enrollment;

(b) approved career and technical student organizations:

(i) approved chapters; and

(ii) number of members;

(c) career experience supervision of students beyond the school year for K-12 career and vocational/technical education; and

(d) district expenditures related to the K-12 career and vocational/technical education programs.

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-208, 20-7-306, MCA
History: NEW, 2002 MAR p. 780, Eff. 3/15/02.

Chapter 10.44 Vocational Education in Secondary Schools

Subchapter 10.44.1 Weighted Cost Funding

Mont. Admin. R. 10.44.103 Eligibility Requirements for State Vocational Education Costs

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-303, 20-7-305, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD & TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.44.104 Procedures for Applying to Receive State Vocational Education Funding

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-303, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD, TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Mont. Admin. R. 10.44.106 Accounting and Reporting

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-303, MCA
History: NEW, 1979 MAR p. 1130, Eff. 9/28/79; AMD, 1980 MAR p. 134, Eff. 1/18/80; AMD, 1981 MAR p. 555, Eff. 6/12/81; AMD, 1984 MAR p. 818, Eff. 5/18/84; AMD, 1992 MAR p. 1756, Eff. 8/14/92; AMD, TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Subchapter 10.44.2 Program Requirements

Mont. Admin. R. 10.44.211 Standards and Guidelines for Secondary Vocational Education

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-7-301, MCA
Implementing statute(s): 20-7-303, MCA
History: NEW, 1992 MAR p. 2144, Eff. 9/25/92; AMD & TRANS, 2002 MAR p. 780, Eff. 3/15/02.

Chapter 10.51 Board of Public Education Organizational Rules

Subchapter 10.51.1 Organizational Rules

Mont. Admin. R. 10.51.101 History

(1) Article X, Section 9 of the 1972 Montana Constitution created the board of public education.

History

Authorizing statute(s): Sec. 2-15-1507, MCA
History: NEW, Eff. 7/2/79.

Mont. Admin. R. 10.51.102 Board Membership

(1) The board of public education consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction and commissioner of higher education are ex officio non-voting members of the board. A student representative, selected by the Montana association of student councils, also sits as a non-voting member of the board for a term not more than two years. In order to assure geographical and political representation on the board of public education, the law provides that not more than four of the seven board members may be from one commission district or affiliated with the same political party. Board members elect a chairman and vice-chairman annually.

History

Authorizing statute(s): Sec. 2-15-1507 and 2-15-1508, MCA
Implementing statute(s): Sec. 2-15-1507, 2-15-1508, MCA
History: NEW, Eff. 7/2/79; AMD, 2004 MAR p. 1755, Eff. 8/6/04.

Mont. Admin. R. 10.51.103 Constitutional Responsibility

(1) The board is charged with the authority and responsibility of exercising "general supervision over the public school system and such other public educational institutions as may be assigned by law." In the same section the constitution also provides for two other boards, the board of regents of higher education which is charged with the government and control of the Montana university system, and the state board of education, a joint board composed of the members of the board of public education and the board of regents. The state board meets twice a year to plan and coordinate "policies and programs for the state's educational systems."

History

Authorizing statute(s): Sec. 2-15-1507 and 2-15-1508, MCA
History: NEW, Eff. 7/2/79.

Mont. Admin. R. 10.51.104 Responsibility Assigned by Statute

(1) The board of public education is assigned numerous responsibilities by statute including the establishment of policies for: the accreditation of schools, teacher certification, distribution of state equalization aid, special education, school bus standards and regulations, and designation of school days and hours. The board is also assigned by statute the "general supervision" of the Montana school for the deaf and blind and administrative responsibility for the certification standards and practices advisory council.

(a) The Montana school for the deaf and blind is a residential school for children and adolescents who are deaf and blind or whose hearing or sight is so defective that they are unable to receive a sufficient or proper education in the public schools of the state. The purpose of the school is to furnish and provide, by the use of specialized methods and systems, an ordinary public school education and to teach such trades and vocations as will enable children attending the school to become independent and self-sustaining citizens.

(b) The certification standards and practices advisory council was statutorily created to study relevant issues and advise the board of public education on matters related to teacher, school administrator, and specialist certification of individuals admitted to practice in the elementary and secondary schools of Montana. The scope of this study and advice includes preservice and inservice education, professional practices and ethical conduct, teacher education programs, and renewal, denial, suspension, or revocation of certificates. The advisory council may conduct appropriate research related to the forgoing areas of study by such means as trial programs and collection of data from current programs. The advisory council must present its findings and recommendations to the board at least once each year and on other occasions as the advisory council deems necessary. The advisory council may not administer a program or function or set policy.

History

Authorizing statute(s): Sec. 20-2-121, 20-8-103, and 20-31-102, MCA
History: NEW, Eff. 7/2/79; AMD, 1992 MAR p. 2727, Eff. 12/25/92.

Mont. Admin. R. 10.51.105 Board Staff

(1) The board of public education employs a full-time professional assistant who is designated by statute as executive secretary to the board. The executive secretary is the person responsible for liaison between the board and superintendent of public instruction. The executive secretary functions as the chief executive officer of the board and the certification standards and practices advisory council. The board also employs a full-time administrative officer, administrative assistant, and secretary. All staff members report to and are supervised by the executive secretary.

History

Authorizing statute(s): Sec. 20-2-111, 20-2-122, MCA
History: NEW, Eff. 7/2/79; AMD, 1992 MAR p. 2727, Eff. 12/25/92.

Mont. Admin. R. 10.51.106 Agency Functional Chart

(1) An illlustrative functional chart of the board of public education is attached

History

Authorizing statute(s): Sec. 2-15-1518, 20-2-122, 20-8-101, and 20-31-102, MCA
History: NEW, Eff. 7/2/79.

Chapter 10.52 Procedural Rules

Subchapter 10.52.1 Procedural Rules

Mont. Admin. R. 10.52.101 Model Procedural Rules

(1) The attorney general's model rules as stated in ARM 1.3.201 through 1.3.234 are incorporated with 10.52.102 below.

History

Authorizing statute(s): Sec. 20-4-201, 20-2-121, 20-4-102, 20-4-110, MCA
Implementing statute(s): Sec. 20-4-110, MCA
History: NEW, 1981 MAR p. 418, Eff. 6/26/81.

Mont. Admin. R. 10.52.102 Additions for Cases Involving Requests for Revocation or Suspension of Teacher Certificates

(1) ARM 1.3.212 through 1.3.226 are amended for cases involving requests for revocation or suspension of teacher certificates to include ARM Title 10, chapter 57, sub-chapter 6, Procedures to Guide the Hearing of Requests for Revocation or Suspension of Teacher Certificates.

History

Authorizing statute(s): Sec. 20-4-201, 20-2-121, 20-4-102, 20-4-110, MCA
Implementing statute(s): Sec. 20-4-110, MCA
History: NEW, 1981 MAR p. 418, Eff. 6/26/81.

Mont. Admin. R. 10.52.103 Model Rules

(1) Except as waived by the board of public education, the board adopts and incorporates by reference the Attorney General's Model Rules relating to contested cases. The model rules being adopted are ARM 1.3.211 through 1.3.225. A copy of the model rules may be obtained from the Board of Public Education, 2500 Broadway, P.O. Box 200601, Helena, Montana 59620-0601.

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-4-110, MCA
History: NEW, 2002 MAR p. 1463, Eff. 5/17/02.

Chapter 10.53 Content Standards

Subchapter 10.53.1 General Provisions

Mont. Admin. R. 10.53.101 Explanation of the Content Standards

(1) The content standards shall be used by school districts to develop local curriculum and assessment in all the content areas including:

(a) English language proficiency;

(b) English language arts and literacy;

(d) arts;

(e) health and physical education;

(f) science;

(g) career and technical education;

(h) computer science;

(i) library media and information literacy;

(j) social studies; and

(k) technology integration.

(2) The K-12 content standards describe what students shall know, understand, and be able to do in these content standards. These K-12 standards define end-of-year expectations and a cumulative progression designed to enable students to meet college and career readiness expectations no later than the end of high school.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11; AMD, 2016 MAR p. 1387, Eff. 7/1/17; AMD, 2016 MAR p. 1955, Eff. 7/1/17; AMD, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.102 Indian Education

(1) Curriculum and instruction of the content standards under this chapter shall incorporate the distinct and unique cultural heritage of Montana American Indians pursuant to Article X, section 1(2) of the Constitution of the state of Montana and 20-1-501 and 20-9-309(2)(c), MCA.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11; AMD, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.103 Definitions

(1) "Content standard" means what all students should know, understand, and be able to do in each of the content areas in this chapter.

(2) "Mathematical practices" describe processes and proficiencies students use as practitioners of the discipline of mathematics.

(3) The symbol "+" denotes science, technology, engineering, mathematics (STEM) standards that students should learn in order to take advanced courses such as calculus, advanced statistics, or discrete mathematics.

(4) The symbol "*" denotes specific modeling standards appearing throughout the high school mathematics standards.

(5) "Literacy in history/social studies, science and technical subjects" means instruction in reading, writing, speaking, listening, and language use is a shared responsibility by teachers of English language arts and other content areas.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11; AMD, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.104 Standards Review Schedule

(1) Montana's content standards shall be reviewed and revised on a recurring schedule.

(2) A schedule for review of content standards shall be established as a collaborative process with the Office of Public Instruction and the Board of Public Education with input from representatives of accredited schools. The schedule shall ensure that each program area is reviewed and revised at regular intervals.

(3) The standards review process shall use context information, criteria, processes, and procedures identified by the Office of Public Instruction with input from representatives of accredited schools.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Subchapter 10.53.3 English Language Proficiency Content Standards

Mont. Admin. R. 10.53.301 English Language Proficiency Content Standard 1

(1) To satisfy the requirements of English language proficiency content standard 1, English language learners communicate for social and instructional purposes within the school setting.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11; AMD, 2024 MAR p. 720, Eff. 7/1/25.

Mont. Admin. R. 10.53.302 English Language Proficiency Content Standard 2

(1) To satisfy the requirements of English language proficiency content standard 2, English language learners communicate information, ideas, and concepts necessary for academic success in the content area of language arts.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11; AMD, 2024 MAR p. 720, Eff. 7/1/25.

Mont. Admin. R. 10.53.303 English Language Proficiency Content Standard 3

(1) To satisfy the requirements of English language proficiency content standard 3, English language learners communicate information, ideas, and concepts necessary for academic success in the content area of mathematics.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11; AMD, 2024 MAR p. 720, Eff. 7/1/25.

Mont. Admin. R. 10.53.304 English Language Proficiency Content Standard 4

(1) To satisfy the requirements of English language proficiency content standard 4, English language learners communicate information, ideas, and concepts necessary for academic success in the content area of science.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11; AMD, 2024 MAR p. 720, Eff. 7/1/25.

Mont. Admin. R. 10.53.305 English Language Proficiency Content Standard 5

(1) To satisfy the requirements of English language proficiency content standard 5, English language learners communicate information, ideas, and concepts necessary for academic success in the content area of social studies.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11; AMD, 2024 MAR p. 720, Eff. 7/1/25.

Mont. Admin. R. 10.53.306 English Language Proficiency Performance Descriptors at the Entering Level

(1) At the entering level of English language proficiency, English language learners will process, understand, produce, or use:

(a) pictorial or graphic representation of the language of the content areas;

(b) words, phrases, or chunks of language when presented with one-step commands; directions; WH-, choice, or yes/no questions; or statements with sensory, graphic, or interactive support; and

(c) oral language with phonological, syntactic, or semantic errors that often impede meaning when presented with basic oral commands, direct questions, or simple statements with sensory, graphic, or interactive support.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Mont. Admin. R. 10.53.307 English Language Proficiency Performance Descriptors at the Emerging Level

(1) At the emerging level of English language proficiency, English language learners will process, understand, produce, or use:

(a) general language related to the content areas;

(b) phrases or short sentences; and

(c) oral or written language with phonological, syntactic, or semantic errors that often impede the meaning of the communication when presented with one to multiple-step commands, directions, questions, or a series of statements with sensory, graphic, or interactive support.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Mont. Admin. R. 10.53.308 English Language Proficiency Performance Descriptors at the Developing Level

(1) At the developing level of English language proficiency, English language learners will process, understand, produce, or use:

(a) general and some specific language of the content areas;

(b) expanded sentences in oral interaction or written paragraphs; and

(c) oral or written language with phonological, syntactic, or semantic errors that may impede the communication, but retain much of its meaning, when presented with oral or written, narrative or expository descriptions with sensory, graphic, or interactive support.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Mont. Admin. R. 10.53.309 English Language Proficiency Performance Descriptors at the Expanding Level

(1) At the expanding level of English language proficiency, English language learners will process, understand, produce or use:

(a) specific and some technical language of the content areas;

(b) a variety of sentence lengths of varying linguistic complexity in oral discourse or multiple, related sentences or paragraphs; and

(c) oral or written language with minimal phonological, syntactic, or semantic errors that do not impede the overall meaning of the communication when presented with oral or written connected discourse with sensory, graphic, or interactive support.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Mont. Admin. R. 10.53.310 English Language Proficiency Performance Descriptors at the Bridging Level

(1) At the bridging level of English language proficiency, English language learners will process, understand, produce, or use:

(a) specialized or technical language of the content areas;

(b) a variety of sentence lengths of varying linguistic complexity in extended oral or written discourse, including stories, essays, or reports; and

(c) oral or written language approaching comparability to that of proficient English peers when presented with grade level material.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Mont. Admin. R. 10.53.311 English Language Proficiency Performance Descriptors at the Reaching Level

(1) At the reaching level of English language proficiency, English language learners will process, understand, produce, or use:

(a) specialized or technical language reflective of the content areas at grade level;

(b) a variety of sentence lengths of varying linguistic complexity in extended oral or written discourse as required by the specified grade level; and

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2011 MAR p. 2026, Eff. 9/23/11.

Subchapter 10.53.4 English Language Arts and Literacy Content Standards

Mont. Admin. R. 10.53.401 College and Career Readiness Anchor Standards for Reading

(1) Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

(2) Determine central ideas or themes of a text and analyze their development and summarize the key supporting details and ideas.

(3) Analyze how and why individuals, events, and ideas develop and interact over the course of a text.

(4) Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings and analyze how specific word choices shape meaning or tone.

(5) Analyze the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

(6) Assess how point of view or purpose shapes the content and style of a text.

(7) Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words.

(8) Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence.

(9) Analyze how two or more texts address similar themes or topics in order to build knowledge or to compare the approaches the authors take.

(10) Read and comprehend complex literary and informational texts independently and proficiently.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.402 College and Career Readiness Anchor Standards for Writing

(1) Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

(2) Write informative/explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content.

(3) Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

(4) Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

(5) Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

(6) Use technology, including the internet, to produce and publish writing and to interact and collaborate with others.

(7) Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject under investigation.

(8) Gather relevant information from multiple print and digital sources, assess the credibility and accuracy of each source, and integrate the information while avoiding plagiarism.

(9) Draw evidence from literary or informational texts to support analysis, reflection, and research.

(10) Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.403 College and Career Readiness Anchor Standards for Speaking and Listening

(1) Prepare for and participate effectively in a range of conversations and collaborations with diverse partners, building on others' ideas and expressing their own clearly and persuasively.

(2) Integrate and evaluate information presented in diverse media and formats, including visually, quantitatively, and orally.

(3) Evaluate a speaker's point of view, reasoning, and use of evidence and rhetoric.

(4) Present information, findings, and supporting evidence such that listeners can follow the line of reasoning and the organization, development, and style are appropriate to task, purpose, and audience.

(5) Make strategic use of digital media and visual displays of data to express information and enhance understanding of presentations.

(6) Adapt speech to a variety of contexts and communicative tasks, demonstrating command of formal English when indicated or appropriate.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.404 College and Career Readiness Anchor Standards for Language

(1) Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

(2) Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

(3) Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

(4) Determine or clarify the meaning of unknown and multiple-meaning words and phrases by using context clues, analyzing meaningful word parts, and consulting general and specialized reference materials, as appropriate.

(5) Demonstrate understanding of figurative language, word relationships and nuances in word meanings.

(6) Acquire and use accurately a range of general academic and domain-specific words and phrases sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when encountering an unknown term important to comprehension or expression.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.405 Reading Standards for Literature

(1) Reading standards for literature for a student at the kindergarten level are:

(a) with prompting and support, ask and answer questions about key details in a text;

(b) with prompting and support, retell familiar stories, including key details; include stories by and about American Indians;

(d) ask and answer questions about unknown words in a text;

(e) recognize common types of texts (e.g., storybooks, poems);

(f) with prompting and support, name the author and illustrator of a story and define the role of each in telling the story;

(g) with prompting and support, describe the relationship between illustrations and the story in which they appear (e.g., what moment in a story an illustration depicts);

(h) with prompting and support, compare and contrast the adventures and experiences of characters in familiar stories, including American Indian stories; and

(i) actively engage in group reading activities with purpose and understanding.

(2) Reading standards for literature for a student at the Grade 1 level are:

(a) ask and answer questions about key details in a text;

(b) retell stories, including stories by and about American Indians, including key details and demonstrate understanding of their central message or lesson;

(d) identify words and phrases in stories or poems that suggest feelings or appeal to the senses;

(e) explain major differences between books that tell stories and books that give information, including those of American Indians, drawing on a wide reading of a range of text types;

(f) identify who is telling the story at various points in a text;

(g) use illustrations and details in a story to describe its characters, setting, or events;

(h) compare and contrast the adventures and experiences of characters in stories, including American Indian stories; and

(i) with prompting and support, read prose and poetry of appropriate complexity for grade 1.

(3) Reading standards for literature for a student at the Grade 2 level are:

(a) ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in a text;

(b) recount stories, including fables and folktales from diverse cultures, including American Indian stories, and determine their central message, lesson, or moral;

(d) describe how words and phrases (e.g., regular beats, alliteration, rhymes, repeated lines) supply rhythm and meaning in a story, poem, or song;

(e) describe the overall structure of a story, including American Indian stories, describing how the beginning introduces the story and the ending concludes the action;

(f) acknowledge differences in the points of view of characters, including by speaking in a different voice for each character when reading dialogue aloud;

(g) use information gained from the illustrations and words in a print or digital text to demonstrate understanding of its characters, setting, or plot;

(h) compare and contrast two or more versions of the same story (e.g., Cinderella stories) by different authors or from different cultures, including American Indian authors or cultures; and

(i) by the end of the year, read and comprehend literature, including stories and poetry, in the Grades 2-3 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(4) Reading standards for literature for a student at the Grade 3 level are:

(a) ask and answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers;

(b) recount stories, including fables, folktales, and myths from diverse cultures, including those by and about American Indians; determine the central message, lesson, or moral; and explain how it is conveyed through key details in the text;

(c) describe characters in a story (e.g., their traits, motivations, or feelings) and explain how their actions contribute to the sequence of events;

(d) determine the meaning of words and phrases as they are used in a text, distinguishing literal from nonliteral language;

(e) refer to parts of stories, dramas, and poems when writing or speaking about a text, using terms such as chapter, scene, and stanza and describe how each successive part builds on earlier sections;

(f) distinguish their own point of view from that of the narrator or those of the characters; include works by and about American Indians;

(g) explain how specific aspects of a text's illustrations contribute to what is conveyed by the words in a story (e.g., create mood, emphasize aspects of a character or setting);

(h) compare and contrast the themes, settings, and plots of stories written by the same author, including American Indian authors, about the same or similar characters (e.g., in books from a series); and

(i) by the end of the year, read and comprehend literature, including stories, dramas, and poetry, at the high end of the Grades 2–3 text complexity band independently and proficiently.

(5) Reading standards for literature for a student at the Grade 4 level are:

(a) refer to details and examples in a text when explaining what the text says explicitly and when drawing inferences from the text;

(b) determine a theme of a story, drama, or poem from details in the text; summarize the text; and include texts by and about American Indians;

(c) describe in depth a character, setting, or event in a story or drama, drawing on specific details in the text (e.g., a character's thoughts, words, or actions);

(d) determine the meaning of words and phrases as they are used in a text, including those that allude to significant characters found in mythology (e.g., Herculean);

(e) explain major differences between poems, drama, and prose, and refer to the structural elements of poems (e.g., verse, rhythm, meter) and drama (e.g., casts of characters, settings, descriptions, dialogue, stage directions) when writing or speaking about a text;

(f) compare and contrast the point of view from which different stories are narrated, including the difference between first- and third-person narrations; include works by and about American Indians;

(g) make connections between the text of a story or drama and a visual or oral presentation of the text, identifying where each version reflects specific descriptions and directions in the text;

(h) compare and contrast the treatment of similar themes and topics (e.g., opposition of good and evil) and patterns of events (e.g., the quest) in stories, myths, and traditional literature from different cultures, including those by and about American Indians; and

(i) by the end of the year, read and comprehend literature, including stories, dramas, and poetry, in the Grades 4-5 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(6) Reading standards for literature for a student at the Grade 5 level are:

(a) quote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text;

(b) determine a theme of a story, drama, or poem from details in the text, including how characters in a story or drama respond to challenges or how the speaker in a poem reflects upon a topic; summarize the text; and include texts by and about American Indians;

(c) compare and contrast two or more characters, settings, or events in a story or drama, drawing on specific details in the text (e.g., how characters interact);

(d) determine the meaning of words and phrases as they are used in a text, including figurative language such as metaphors and similes;

(e) explain how a series of chapters, scenes, or stanzas fits together to provide the overall structure of a particular story, drama, or poem;

(f) describe how a narrator's or speaker's point of view influences how events are described; include perspectives of American Indians;

(g) analyze how visual and multimedia elements contribute to the meaning, tone, or beauty of a text (e.g., graphic novel, multimedia presentation of fiction, folktale, myth, poem);

(h) compare and contrast stories in the same genre (e.g., mysteries and adventure stories, including traditional and contemporary stories by and about American Indians) on their approaches to similar themes and topics; and

(i) by the end of the year, read and comprehend literature, including stories, dramas, and poetry, at the high end of the Grades 4-5 text complexity band independently and proficiently.

(7) Reading standards for literature for a student at the Grade 6 level are:

(a) cite textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a theme or central idea of a text and how it is conveyed through particular details and provide a summary of the text distinct from personal opinions or judgments;

(c) describe how a particular story's or drama's plot unfolds in a series of episodes as well as how the characters respond or change as the plot moves toward a resolution;

(d) determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings and analyze the impact of a specific word choice on meaning and tone;

(e) analyze how a particular sentence, chapter, scene, or stanza fits into the overall structure of a text and contributes to the development of the theme, setting, or plot;

(f) explain how an author develops the point of view of the narrator or speaker in a text;

(g) compare and contrast the experience of reading a story, drama, or poem to listening to or viewing an audio, video, or live version of the text, including contrasting what they "see" and "hear" when reading the text to what they perceive when they listen or watch;

(h) compare and contrast texts in different forms or genres (e.g., stories and poems; historical novels and fantasy stories; traditional and contemporary stories by and about American Indians) in terms of their approaches to similar themes and topics; and

(i) by the end of the year, read and comprehend literature, including stories, dramas, and poems, in the Grades 6-8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(8) Reading standards for literature for a student at the Grade 7 level are:

(a) cite several pieces of textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a theme or central idea of a text; analyze its development over the course of the text; and provide an objective summary of the text;

(d) determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings and analyze the impact of rhymes and other repetitions of sounds (e.g., alliteration) on a specific verse or stanza of a poem or section of a story or drama;

(e) analyze how a drama's or poem's form or structure (e.g., soliloquy, sonnet) contributes to its meaning;

(f) analyze how an author develops and contrasts the points of view of different characters or narrators in a text;

(g) compare and contrast a written story, drama, or poem to its audio, filmed, staged, or multimedia version, analyzing the effects of techniques unique to each medium (e.g., lighting, sound, color, or camera focus and angles in a film);

(h) compare and contrast a fictional portrayal of a time, place, or character and a historical account of the same period as a means of understanding how authors of fiction use or alter history; include texts that contain portrayals and/or accounts by and about American Indians; and

(9) Reading standards for literature for a student at the Grade 8 level are:

(a) cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a theme or central idea of a text; analyze its development over the course of the text, including its relationship to the characters, setting, and plot; and provide an objective summary of the text;

(c) analyze how particular lines of dialogue or incidents in a story or drama propel the action, reveal aspects of a character, or provoke a decision;

(d) determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings and analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts;

(e) compare and contrast the structure of two or more texts and analyze how the differing structure of each text contributes to its meaning and style;

(f) analyze how differences in the points of view of the characters and the audience or reader (e.g., created through the use of dramatic irony) create such effects as suspense or humor;

(g) analyze the extent to which a filmed or live production of a story or drama stays faithful to or departs from the text or script, evaluating the choices made by the director or actors;

(h) analyze how a modern work of fiction draws on themes, patterns of events, or character types from myths, traditional stories, or religious works such as the Bible, including describing how the material is rendered new and include texts by and about American Indians; and

(i) by the end of the year, read and comprehend literature, including stories, dramas, and poems, at the high end of Grades 6-8 text complexity band independently and proficiently.

(10) Reading standards for literature for a student at the Grade 9-10 level are:

(a) cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text and include works by and about American Indians;

(b) determine a theme or central idea of a text, including those by and about American Indians; analyze in detail its development over the course of the text, including how it emerges and is shaped and refined by specific details; and provide an objective summary of the text;

(c) analyze how complex characters (e.g., those with multiple or conflicting motivations) develop over the course of a text, including texts by and about American Indians; interact with other characters; and advance the plot or develop the theme;

(d) determine the meaning of words and phrases as they are used in the text, including figurative and connotative meanings and analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language evokes a sense of time and place; how it sets a formal or informal tone);

(e) analyze how an author's choices concerning how to structure a text, order events within it (e.g., parallel plots), and manipulate time (e.g., pacing, flashbacks) create such effects as mystery, tension, or surprise;

(f) analyze a particular point of view or cultural experience reflected in a work of literature from outside the United States, drawing on a wide reading of world literature;

(g) analyze the representation of a subject or a key scene in two different artistic mediums, including what is emphasized or absent in each treatment (e.g., Auden's "Musée des Beaux Arts," Breughel's Landscape with the Fall of Icarus Painting, and American Progress, by John Gast (circa 1872) with "Birthright," a poem, by M. L. Smoker in Another Attempt at Rescue);

(h) analyze how an author draws on and transforms source material in a specific work (e.g., how Shakespeare treats a theme or topic from Ovid or the Bible, how a later author draws on a play by Shakespeare, or how American Indian stories and oral histories appear in contemporary works, such as James Welch's Fools Crow, where the author retells the Pikuni traditional story, "Star Boy"); and

(i) by the end of Grade 9, read and comprehend literature, including stories, dramas, and poems, in the Grades 9-10 text complexity band proficiently, with scaffolding as needed at the high end of the range. By the end of Grade 10, read and comprehend literature, including stories, dramas, and poems, at the high end of the Grades 9-10 text complexity band independently and proficiently.

(11) Reading standards for literature for a student at the Grade 11-12 level are:

(a) cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain;

(b) determine two or more themes or central ideas of a text, including those by and about American Indians; analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; and provide an objective summary of the text;

(c) analyze the impact of the author's choices regarding how to develop and relate elements of a story or drama or oral or written history (e.g., where a story is set, how the action is ordered, how the characters are introduced and developed);

(d) determine the meaning of words and phrases as they are used in the text, including figurative and connotative meanings and analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful (include Shakespeare, works by American Indian authors, as well as other authors);

(e) analyze how an author's choices concerning how to structure specific parts of a text (e.g., the choice of where to begin or end a story, the choice to provide a comedic or tragic resolution) contribute to its overall structure and meaning as well as its aesthetic impact;

(f) analyze a case in which grasping point of view requires distinguishing what is directly stated in a text from what is really meant (e.g., satire, sarcasm, irony, or understatement) and include works by and about American Indians;

(g) analyze multiple interpretations of a story, drama, poem (e.g., recorded or live production of a play or recorded novel or poetry), or traditional American Indian oral histories, evaluating how each version interprets the source text (include at least one play by Shakespeare and one play by an American dramatist);

(h) demonstrate knowledge of eighteenth-, nineteenth- and early-twentieth-century foundational works of American literature, including American Indian works, including how two or more texts from the same period treat similar themes or topics; and

(i) by the end of Grade 11, read and comprehend literature, including stories, dramas, and poems, in the Grades 11-college and career ready (CCR) text complexity band proficiently, with scaffolding as needed at the high end of the range. By the end of Grade 12, read and comprehend literature, including stories, dramas, and poems, at the high end of the Grades 11-CCR text complexity band independently and proficiently.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.406 Reading Standards for Informational Text

(1) Reading standards for informational text for a student at the kindergarten level are:

(a) with prompting and support, ask and answer questions about key details in a text;

(b) with prompting and support, identify the main topic and retell key details of a text;

(c) with prompting and support, describe the connection between two individuals, events, ideas, or pieces of information in a text and include texts by and about American Indians;

(d) with prompting and support, ask and answer questions about unknown words in a text and recognize words and phrases with cultural significance to American Indians;

(e) identify the front cover, back cover, and title page of a book;

(f) name the author and illustrator of a text and define the role of each in presenting the ideas or information in a text;

(g) with prompting and support, describe the relationship between illustrations and the text in which they appear (e.g., what person, place, thing, or idea in the text an illustration depicts);

(h) with prompting and support, identify the reasons an author gives to support points in a text;

(i) with prompting and support, identify basic similarities in and differences between two texts on the same topic (e.g., in illustrations, descriptions, or procedures); and

(j) actively engage in group reading activities with purpose and understanding.

(2) Reading standards for informational text for a student at the Grade 1 level are:

(a) ask and answer questions about key details in a text;

(b) identify the main topic and retell key details of a text;

(c) describe the connection between two individuals, events, ideas, or pieces of information in a text and include texts by and about American Indians;

(d) ask and answer questions to help determine or clarify the meaning of words and phrases in a text and recognize words and phrases with cultural significance to American Indians;

(e) know and use various text features (e.g., headings, tables of contents, glossaries, electronic menus, icons) to locate key facts or information in a text;

(f) distinguish between information provided by pictures or other illustrations and information provided by the words in a text;

(g) use the illustrations and details in a text to describe its key ideas;

(h) identify the reasons an author gives to support points in a text;

(i) identify basic similarities in and differences between two texts on the same topic (e.g., in illustrations, descriptions, or procedures); and

(j) with prompting and support, read informational texts appropriately complex for Grade 1.

(3) Reading standards for informational text for a student at the Grade 2 level are:

(a) ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in a text;

(b) identify the main topic of a multiparagraph text as well as the focus of specific paragraphs within the text;

(c) describe the connection between a series of historical events, scientific ideas or concepts, or steps in technical procedures in a text and include texts by and about American Indians;

(d) determine the meaning of words and phrases in a text relevant to a

Grade 2 topic or subject area and recognize words and phrases with cultural significance to American Indians;

(e) know and use various text features (e.g., captions, bold print, subheadings, glossaries, indexes, electronic menus, icons) to locate key facts or information in a text efficiently;

(f) identify the main purpose of a text, including what the author wants to answer, explain, or describe;

(g) explain how specific images (e.g., a diagram showing how a machine works) contribute to and clarify a text;

(h) describe how reasons support specific points the author makes in a text;

(i) compare and contrast the most important points presented by two texts on the same topic; and

(j) by the end of year, read and comprehend informational texts, including history/social studies, science, and technical texts, in the Grades 2-3 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(4) Reading standards for informational text for a student at the Grade 3 level are:

(a) ask and answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers;

(b) determine the main idea of a text; recount the key details, and explain how they support the main idea;

(c) describe the relationship between a series of historical events, scientific ideas or concepts, or steps in technical procedures in a text, using language that pertains to time, sequence, and cause/effect and include texts by and about American Indians;

(d) determine the meaning of general academic and domain-specific words and phrases in a text relevant to a Grade 3 topic or subject area;

(e) use text features and search tools (e.g., key words, sidebars, hyperlinks) to locate information relevant to a given topic efficiently;

(f) distinguish their own point of view from that of the author of a text;

(g) use information gained from illustrations (e.g., maps, photographs) and the words in a text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur);

(h) describe the logical connection between particular sentences and paragraphs in a text (e.g., comparison, cause/effect, first/second/third in a sequence);

(i) compare and contrast the most important points and key details presented in two texts on the same topic; and

(j) by the end of the year, read and comprehend informational texts, including history/social studies, science, and technical texts, at the high end of the Grades 2-3 text complexity band independently and proficiently.

(5) Reading standards for informational text for a student at the Grade 4 level are:

(a) refer to details and examples in a text when explaining what the text says explicitly and when drawing inferences from the text;

(b) determine the main idea of a text; explain how it is supported by key details; and summarize the text;

(c) explain events, procedures, ideas, or concepts in a historical, scientific, or technical text, including what happened and why, based on specific information in the text and include texts by and about American Indians;

(d) determine the meaning of general academic and domain-specific words or phrases in a text relevant to a Grade 4 topic or subject area;

(e) describe the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of events, ideas, concepts, or information in a text or part of a text;

(f) compare and contrast a firsthand and secondhand account of the same event or topic, including those of American Indians and describe the differences in focus and the information provided;

(g) interpret information presented visually, orally, or quantitatively (e.g., in charts, graphs, diagrams, time lines, animations, or interactive elements on Web pages) and explain how the information contributes to an understanding of the text in which it appears;

(h) explain how an author uses reasons and evidence to support particular points in a text;

(i) integrate information from two texts on the same topic in order to write or speak about the subject knowledgeably; and

(j) by the end of year, read and comprehend informational texts, including history/social studies, science, and technical texts, in the Grades 4-5 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(6) Reading standards for informational text for a student at the Grade 5 level are:

(a) quote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text;

(b) determine two or more main ideas of a text, explain how they are supported by key details, and summarize the text;

(c) explain the relationships or interactions between two or more individuals, events, ideas, or concepts in a historical, scientific, or technical text based on specific information in the text and include texts by and about American Indians;

(d) determine the meaning of general academic and domain-specific words and phrases in a text relevant to a Grade 5 topic or subject area;

(e) compare and contrast the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of events, ideas, concepts, or information in two or more texts;

(f) analyze multiple accounts of the same event or topic, including those of historical and contemporary American Indian events and topics, noting important similarities and differences in the point of view they represent;

(g) draw on information from multiple print or digital sources, demonstrating the ability to locate an answer to a question quickly or to solve a problem efficiently;

(h) explain how an author uses reasons and evidence to support particular points in a text, identifying which reasons and evidence support which point(s);

(i) integrate information from several texts on the same topic in order to write or speak about the subject knowledgeably; and

(j) by the end of the year, read and comprehend informational texts, including history/social studies, science, and technical texts, at the high end of the Grades 4-5 text complexity band independently and proficiently.

(7) Reading standards for informational text for a student at the Grade 6 level are:

(a) cite textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a central idea of a text and how it is conveyed through particular details and provide a summary of the text distinct from personal opinions or judgments;

(c) analyze in detail how a key individual, event, or idea is introduced, illustrated, and elaborated in a text (e.g., through examples or anecdotes);

(d) determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings;

(e) analyze how a particular sentence, paragraph, chapter, or section fits into the overall structure of a text and contributes to the development of the ideas;

(f) determine an author's point of view or purpose in a text and explain how it is conveyed in the text and include texts by and about American Indians;

(g) integrate information presented in different media or formats (e.g., visually, quantitatively) as well as in words to develop a coherent understanding of a topic or issue;

(h) trace and evaluate the argument and specific claims in a text, including texts by and about American Indians, distinguishing claims that are supported by reasons and evidence from claims that are not;

(i) compare and contrast one author's presentation of events with that of another (e.g., a memoir written by and a biography on the same person) and include texts by and about American Indians; and

(j) by the end of the year, read and comprehend literary nonfiction in the Grades 6-8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(8) Reading standards for informational text for a student at the Grade 7 level are:

(a) cite several pieces of textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine two or more central ideas in a text; analyze their development over the course of the text; and provide an objective summary of the text;

(c) analyze the interactions between individuals, events, and ideas in a text (e.g., how ideas influence individuals or events, or how individuals influence ideas or events);

(d) determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings and analyze the impact of a specific word choice on meaning and tone;

(e) analyze the structure an author uses to organize a text, including how the major sections contribute to the whole and to the development of the ideas;

(f) determine an author's point of view or purpose in a text, including those by and about American Indians, and analyze how the author distinguishes his or her position from that of others;

(g) compare and contrast a text to an audio, video, or multimedia version of the text, analyzing each medium's portrayal of the subject (e.g., how the delivery of a speech affects the impact of the words);

(h) trace and evaluate the argument and specific claims in a text, including texts by and about American Indians, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims;

(i) analyze how two or more authors writing about the same topic shape their presentations of key information by emphasizing different evidence or advancing different interpretations of facts and include texts by and about American Indians; and

(j) by the end of the year, read and comprehend literary nonfiction in the Grades 6-8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

(9) Reading standards for informational text for a student at the Grade 8 level are:

(a) cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a central idea of a text and analyze its development over the course of the text, including its relationship to supporting ideas and provide an objective summary of the text;

(c) analyze how a text makes connections among and distinctions between individuals, ideas, cultures, or events (e.g., through comparisons, analogies, or categories);

(d) determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings and analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts;

(e) analyze in detail the structure of a specific paragraph in a text, including the role of particular sentences in developing and refining a key concept;

(f) determine an author's point of view or purpose in a text, including texts by and about American Indians, and analyze how the author acknowledges and responds to conflicting evidence or viewpoints;

(g) evaluate the advantages and disadvantages of using different mediums (e.g., print or digital text, video, multimedia) to present a particular topic or idea;

(h) delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient; recognize when irrelevant evidence is introduced; and include texts by and about American Indians;

(i) analyze a case in which two or more texts provide conflicting information on the same topic; identify where the texts disagree on matters of fact or interpretation; and include texts by and about American Indians; and

(j) by the end of the year, read and comprehend literary nonfiction at the high end of the Grades 6-8 text complexity band independently and proficiently.

(10) Reading standards for informational text for a student at the Grade 9-10 level are:

(a) cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text;

(b) determine a central idea of a text and analyze its development over the course of the text, including how it emerges and is shaped and refined by specific details and provide an objective summary of the text;

(c) analyze how the author unfolds an analysis or series of ideas or events, including the order in which the points are made, how they are introduced and developed, and the connections that are drawn between them;

(d) determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings and analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper, or how American Indian treaty language differs from everyday speech);

(e) analyze in detail how an author's ideas or claims are developed and refined by particular sentences, paragraphs, or larger portions of a text (e.g., a section or chapter);

(f) determine an author's point of view or purpose in a text, including texts by and about Montana American Indians, and analyze how an author uses rhetoric to advance that point of view or purpose;

(g) analyze various accounts of a subject told in different mediums, (e.g., a person's life story in both print and multimedia, paying specific attention to cultural nuances) determining which details are emphasized in each account;

(h) delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient and identify false statements and fallacious reasoning;

(i) analyze seminal U.S. documents of historical and literary significance (e.g., Washington's Farewell Address, the Gettysburg Address, Roosevelt's Four Freedoms speech, King's "Letter from Birmingham Jail," Onondaga Chief Canassatego's address "On Colonizing Education"), including how they address related themes and concepts; and

(j) by the end of Grade 9, read and comprehend literary nonfiction in the Grades 9-10 text complexity band proficiently, with scaffolding as needed at the high end of the range. By the end of Grade 10, read and comprehend literary nonfiction at the high end of the Grades 9-10 text complexity band independently and proficiently.

(11) Reading standards for informational text for a student at the Grade 11-12 level are:

(b) determine two or more central ideas of a text and analyze their development over the course of the text, including how they interact and build on one another to provide a complex analysis and provide an objective summary of the text;

(c) analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, cultures, or events interact and develop over the course of the text;

(d) determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings and analyze how an author uses and refines the meaning of a key term or terms over the course of a text (e.g., how Madison defines "faction" in Federalist No. 10; how the use of "sovereignty" in official documents impacts legal and political relationship);

(e) analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including whether the structure makes points clear, convincing, and engaging;

(f) determine an author's point of view or purpose in a text, including texts by and about Montana American Indians, in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text;

(g) integrate and evaluate multiple sources of information presented in different media or formats (e.g., visually, quantitatively) as well as in words in order to address a question or solve a problem;

(h) delineate and evaluate the reasoning in seminal U.S. texts and those that dealt with American Indians, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses, American Indian policies);

(i) analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, Lincoln's Second Inaugural Address, American Indian treaties, and Iroquois Confederacy) for their themes, purposes, and rhetorical features; and

(j) by the end of Grade 11, read and comprehend literary nonfiction in the Grades 11-CCR text complexity band proficiently, with scaffolding as needed at the high end of the range. By the end of Grade 12, read and comprehend literary nonfiction at the high end of the Grades 11-CCR text complexity band independently and proficiently.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.407 Reading Standards: Foundational Skills

(1) Reading standards foundational skills for a student at the kindergarten level are:

(a) demonstrate understanding of the organization and basic features of print;

(i) follow words from left to right, top to bottom, and page by page;

(ii) recognize that spoken words are represented in written language by specific sequences of letters;

(iii) understand that words are separated by spaces in print; and

(iv) recognize and name all upper- and lowercase letters of the alphabet;

(b) demonstrate understanding of spoken words, syllables, and sounds (phonemes);

(i) recognize and produce rhyming words;

(ii) count, pronounce, blend, and segment syllables in spoken words;

(iii) blend and segment onsets and rimes of single-syllable spoken words;

(iv) isolate and pronounce the initial, medial vowel, and final sounds (phonemes) in three-phoneme (consonant-vowel-consonant, or CVC) words (this does not include CVCs ending with /l/, /r/, or /x/); and

(v) add or substitute individual sounds (phonemes) in simple, one-syllable words to make new words;

(i) demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sounds for each consonant;

(ii) associate the long and short sounds with common spellings (graphemes) for the five major vowels;

(iii) read common high-frequency words by sight (e.g., the, of, to, you, she, my, is, are, do, does); and

(iv) distinguish between similarly spelled words by identifying the sounds of the letters that differ; and

(d) read emergent-reader texts with purpose and understanding.

(2) Reading standards: foundational skills for a student at the Grade 1 level are:

(a) demonstrate understanding of the organization and basic features of print;

(i) recognize the distinguishing features of a sentence (e.g., first word, capitalization, ending punctuation);

(b) demonstrate understanding of spoken words, syllables, and sounds (phonemes);

(i) distinguish long from short vowel sounds in spoken single-syllable words;

(ii) orally produce single-syllable words by blending sounds (phonemes), including consonant blends;

(iii) isolate and pronounce initial, medial vowel, and final sounds (phonemes) in spoken single-syllable words; and

(iv) segment spoken single-syllable words into their complete sequence of individual sounds (phonemes);

(i) know the spelling-sound correspondences for common consonant digraphs;

(ii) decode regularly spelled one-syllable words;

(iii) know final -e and common vowel team conventions for representing long vowel sounds;

(iv) use knowledge that every syllable must have a vowel sound to determine the number of syllables in a printed word;

(v) decode two-syllable words following basic patterns by breaking the words into syllables;

(vi) read words with inflectional endings; and

(vii) recognize and read grade-appropriate irregularly spelled words;

(d) read with sufficient accuracy and fluency to support comprehension;

(i) read on-level text with purpose and understanding;

(ii) read on-level text orally with accuracy, appropriate rate, and expression on successive readings; and

(iii) use context to confirm or self-correct word recognition and understanding, rereading as necessary.

(3) Reading standards: foundational skills for a student at the Grade 2 level are:

(a) know and apply grade-level phonics and word analysis skills in decoding words;

(i) distinguish long and short vowels when reading regularly spelled one-syllable words;

(ii) know spelling-sound correspondences for additional common vowel teams;

(iii) decode regularly spelled two-syllable words with long vowels;

(iv) decode words with common prefixes and suffixes;

(v) identify words with inconsistent but common spelling-sound correspondences; and

(vi) recognize and read grade-appropriate irregularly spelled words;

(b) read with sufficient accuracy and fluency to support comprehension;

(i) read on-level text with purpose and understanding;

(ii) read on-level text orally with accuracy, appropriate rate, and expression on successive readings; and

(iii) use context to confirm or self-correct word recognition and understanding, rereading as necessary.

(4) Reading standards: foundational skills for a student at the Grade 3 level are:

(a) know and apply grade-level phonics and word analysis skills in decoding words;

(i) identify and know the meaning of the most common prefixes and derivational suffixes;

(ii) decode words with common Latin suffixes;

(iii) decode multisyllable words; and

(iv) read grade-appropriate irregularly spelled words;

(b) read with sufficient accuracy and fluency to support comprehension;

(i) read on-level text with purpose and understanding;

(ii) read on-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings; and

(iii) use context to confirm or self-correct word recognition and understanding, rereading as necessary.

(5) Reading standards: foundational skills for a student at the Grade 4 level are:

(a) know and apply grade-level phonics and word analysis skills in decoding words;

(i) use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context;

(b) read with sufficient accuracy and fluency to support comprehension;

(i) read on-level text with purpose and understanding;

(ii) read on-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings; and

(iii) use context to confirm or self-correct word recognition and understanding, rereading as necessary.

(6) Reading standards: foundational skills for students at the Grade 5 level are:

(a) know and apply grade-level phonics and word analysis skills in decoding words;

(b) read with sufficient accuracy and fluency to support comprehension;

(i) read on-level text with purpose and understanding;

(ii) read on-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings; and

(iii) use context to confirm or self-correct word recognition and understanding, rereading as necessary.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.408 Writing Standards

(1) Writing standards for a student at the kindergarten level are:

(a) use a combination of drawing, dictating, and writing to compose opinion pieces in which they tell a reader the topic or the name of the book they are writing about and state an opinion or preference about the topic or book (e.g., My favorite book is . . .);

(b) use a combination of drawing, dictating, and writing to compose informative/explanatory texts in which they name what they are writing about and supply some information about the topic;

(c) use a combination of drawing, dictating, and writing to narrate a single event or several loosely linked events; tell about the events in the order in which they occurred; and provide a reaction to what happened;

(d) with guidance and support from adults, respond to questions and suggestions from peers and add details to strengthen writing as needed;

(e) with guidance and support from adults, explore a variety of digital tools to produce and publish writing, including in collaboration with peers;

(f) participate in shared research and writing projects (e.g., explore a number of books by a favorite author and express opinions about them and include sources by and about American Indians); and

(g) with guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question and include sources by and about American Indians.

(2) Writing standards for a student at the Grade 1 level are:

(a) write opinion pieces in which they introduce the topic or name the book they are writing about, state an opinion, supply a reason for the opinion, and provide some sense of closure;

(b) write informative/explanatory texts in which they name a topic, supply some facts about the topic, and provide some sense of closure;

(c) write narratives in which they recount two or more appropriately sequenced events, include some details regarding what happened, use temporal words to signal event order, and provide some sense of closure;

(d) with guidance and support from adults, focus on a topic, respond to questions and suggestions from peers, and add details to strengthen writing as needed;

(e) with guidance and support from adults, use a variety of digital tools to produce and publish writing, including in collaboration with peers;

(f) participate in shared research and writing projects (e.g., explore a number of "how-to" books on a given topic and use them to write a sequence of instructions and include sources by and about American Indians); and

(g) with guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question, including sources by and about American Indians.

(3) Writing standards for a student at the Grade 2 level are:

(a) write opinion pieces in which they introduce the topic or book they are writing about, state an opinion, supply reasons that support the opinion, use linking words (e.g., because, and, also) to connect opinion and reasons, and provide a concluding statement or section;

(b) write informative/explanatory texts in which they introduce a topic, use facts and definitions to develop points, and provide a concluding statement or section;

(c) write narratives in which they recount a well-elaborated event or short sequence of events; include details to describe actions, thoughts, and feelings; use temporal words to signal event order; and provide a sense of closure;

(d) with guidance and support from adults and peers, focus on a topic and strengthen writing as needed by revising and editing;

(e) with guidance and support from adults, use a variety of digital tools to produce and publish writing, including in collaboration with peers;

(f) participate in shared research and writing projects (e.g., read a number of books on a single topic to produce a report; record science observations) and include sources by and about American Indians; and

(g) recall information from experiences or gather information from provided sources to answer a question, including sources by and about American Indians.

(4) Writing standards for a student at the Grade 3 level are:

(a) write opinion pieces on topics or texts supporting a point of view with reasons;

(i) introduce the topic or text they are writing about, state an opinion, and create an organizational structure that lists reasons;

(ii) provide reasons that support the opinion;

(iii) use linking words and phrases (e.g., because, therefore, since, for example) to connect opinion and reasons; and

(iv) provide a concluding statement or section;

(b) write informative/explanatory texts to examine a topic and convey ideas and information clearly;

(i) introduce a topic and group related information together and include illustrations when useful to aid comprehension;

(ii) develop the topic with facts, definitions, and details;

(iii) use linking words and phrases (e.g., also, another, and, more, but) to connect ideas within categories of information; and

(iv) provide a concluding statement or section;

(c) write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences;

(i) establish a situation and introduce a narrator and/or characters and organize an event sequence that unfolds naturally;

(ii) use dialogue and descriptions of actions, thoughts, and feelings to develop experiences and events or show the response of characters to situations;

(iii) use temporal words and phrases to signal event order; and

(iv) provide a sense of closure;

(d) with guidance and support from adults, produce writing in which the development and organization are appropriate to task and purpose (Grade-specific expectations for writing types are defined in standards (a) through (c) above.);

(e) with guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing (Editing for conventions should demonstrate command of language standards (a) through (c) up to and including Grade 3.);

(f) with guidance and support from adults, use technology to produce and publish writing (using keyboarding skills) as well as to interact and collaborate with others;

(g) conduct short research projects that build knowledge about a topic and include sources by and about American Indians;

(h) recall information from experiences or gather information from print and digital sources; take brief notes on sources, sort evidence into provided categories; and include sources by and about American Indians; and

(i) write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

(5) Writing standards for a student at the Grade 4 level are:

(a) write opinion pieces on topics or texts supporting a point of view with reasons and information;

(i) introduce a topic or text clearly, state an opinion, and create an organizational structure in which related ideas are grouped to support the writer's purpose;

(ii) provide reasons that are supported by facts and details;

(iii) link opinion and reasons using words and phrases (e.g., for instance, in order to, in addition); and

(iv) provide a concluding statement or section related to the opinion presented;

(b) write informative/explanatory texts to examine a topic and convey ideas and information clearly;

(i) introduce a topic clearly and group related information in paragraphs and sections and include formatting (e.g., headings), illustrations, and multimedia when useful to aiding comprehension;

(ii) develop the topic with facts, definitions, concrete details, quotations, or other information and examples related to the topic;

(iii) link ideas within categories of information using words and phrases (e.g., another, for example, also, because);

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic; and

(v) provide a concluding statement or section related to the information or explanation presented;

(c) write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences;

(i) orient the reader by establishing a situation and introducing a narrator and/or characters and organize an event sequence that unfolds naturally;

(ii) use dialogue and description to develop experiences and events or show the responses of characters to situations;

(iii) use a variety of transitional words and phrases to manage the sequence of events;

(iv) use concrete words and phrases and sensory details to convey experiences and events precisely; and

(v) provide a conclusion that follows from the narrated experiences or events;

(d) produce clear and coherent writing in which the development and organization are appropriate to task, purpose, and audience (Grade-specific expectations for writing types are defined in standards (a) through (c) above.);

(f) with some guidance and support from adults, use technology, including the internet, to produce and publish writing as well as to interact and collaborate with others and demonstrate sufficient command of keyboarding skills to type a minimum of one page in a single sitting;

(g) conduct short research projects that build knowledge through investigation of different aspects of a topic and include topics and/or sources by and about American Indians;

(h) recall relevant information from experiences or gather relevant information from print and digital sources; take notes and categorize information; and provide a list of sources;

(i) draw evidence from literary or informational texts to support analysis, reflection, and research;

(i) apply Grade 4 reading standards to literature (e.g., "Describe in depth a character, setting, or event in a story or drama, drawing on specific details in the text [e.g., a character's thoughts, words, or actions]."); and

(ii) apply Grade 4 reading standards to informational texts (e.g., "Explain how an author uses reasons and evidence to support particular points in a text"); and

(j) write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

(6) Writing standards for a student at the Grade 5 level are:

(a) write opinion pieces on topics or texts supporting a point of view with reasons and information;

(i) introduce a topic or text clearly, state an opinion, and create an organizational structure in which ideas are logically grouped to support the writer's purpose;

(ii) provide logically ordered reasons that are supported by facts and details;

(iii) link opinion and reasons using words, phrases, and clauses (e.g., consequently, specifically); and

(iv) provide a concluding statement or section related to the opinion presented;

(b) write informative/explanatory texts to examine a topic and convey ideas and information clearly;

(i) introduce a topic clearly, provide a general observation and focus, and group related information logically and include formatting (e.g., headings), illustrations, and multimedia when useful to aiding comprehension;

(ii) develop the topic with facts, definitions, concrete details, quotations, or other information and examples related to the topic;

(iii) link ideas within and across categories of information using words, phrases, and clauses (e.g., in contrast, especially);

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic; and

(v) provide a concluding statement or section related to the information or explanation presented;

(c) write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences;

(i) orient the reader by establishing a situation and introducing a narrator and/or characters and organize an event sequence that unfolds naturally;

(ii) use narrative techniques, such as dialogue, description, and pacing, to develop experiences and events or show the responses of characters to situations;

(iii) use a variety of transitional words, phrases, and clauses to manage the sequence of events;

(iv) use concrete words and phrases and sensory details to convey experiences and events precisely; and

(v) provide a conclusion that follows from the narrated experiences or events;

(e) with guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach (Editing for conventions should demonstrate command of language standards (a) through (c) above up to and including Grade 5.);

(g) conduct short research projects that use several sources to build knowledge through investigation of different aspects of a topic and include sources and/or topics by and about American Indians;

(h) recall relevant information from experiences or gather relevant information from print and digital sources; summarize or paraphrase information in notes and finished work; and provide a list of sources;

(i) draw evidence from literary or informational texts to support analysis, reflection, and research;

(i) apply Grade 5 reading standards to literature (e.g., "and contrast two or more characters, settings, or events in a story or a drama, drawing on specific details in the text [e.g., how characters interact]"); and

(ii) apply Grade 5 reading standards to informational texts (e.g., "Explain how an author uses reasons and evidence to support particular points in a text, identifying which reasons and evidence support which point[s]"); and

(7) Writing standards for a student at the Grade 6 level are:

(a) write arguments to support claims with clear reasons and relevant evidence;

(i) introduce claim(s) and organize the reasons and evidence clearly;

(ii) support claim(s) with clear reasons and relevant evidence, using credible sources, including oral sources, and demonstrating an understanding of the topic or text;

(iii) use words, phrases, and clauses to clarify the relationships among claim(s) and reasons;

(iv) establish and maintain a formal style; and

(v) provide a concluding statement or section that follows from the argument presented;

(b) write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content;

(i) introduce a topic; organize ideas, concepts, and information, using strategies such as definition, classification, comparison/contrast, and cause/effect and include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension;

(ii) develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples;

(iii) use appropriate transitions to clarify the relationships among ideas and concepts;

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic;

(v) establish and maintain a formal style; and

(vi) provide a concluding statement or section that follows from the information or explanation presented;

(c) write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences;

(i) engage and orient the reader by establishing a context and introducing a narrator and/or characters and organize an event sequence that unfolds naturally and logically;

(ii) use narrative techniques, such as dialogue, pacing, and description, to develop experiences, events, and/or characters;

(iii) use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another;

(iv) use precise words and phrases, relevant descriptive details, and sensory language to convey experiences and events; and

(v) provide a conclusion that follows from the narrated experiences or events;

(d) produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience (Grade-specific expectations for writing types are defined in standards (a) through (c) above.);

(e) with some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach (Editing for conventions should demonstrate command of language standards (a) through (c) up to and including Grade 6.);

(f) use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others and demonstrate sufficient command of keyboarding skills to type a minimum of three pages in a single sitting;

(g) conduct short research projects to answer a question, drawing on several sources and refocusing the inquiry when appropriate and include sources and/or topics by and about American Indians;

(h) gather relevant information from multiple oral, print, and digital sources; assess the credibility of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and providing basic bibliographic information for sources;

(i) draw evidence from literary or informational texts to support analysis, reflection, and research;

(i) apply Grade 6 reading standards to literature (e.g., "Compare and contrast texts in different forms or genres [e.g., stories and poems; historical novels and fantasy stories] in terms of their approaches to similar themes and topics"); and

(ii) apply Grade 6 reading standards to literary nonfiction (e.g., "Trace and evaluate the argument and specific claims in a text, distinguishing claims that are supported by reasons and evidence from claims that are not"); and

(8) Writing standards for a student at the Grade 7 level are:

(a) write arguments to support claims with clear reasons and relevant evidence;

(i) introduce claim(s), acknowledge alternate or opposing claims, and organize the reasons and evidence logically;

(ii) support claim(s) with logical reasoning and relevant evidence, using accurate, credible sources, including oral sources, and demonstrating an understanding of the topic or text;

(iii) use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), reasons, and evidence;

(iv) establish and maintain a formal style; and

(v) provide a concluding statement or section that follows from and supports the argument presented;

(b) write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content;

(i) introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information using strategies such as definition, classification, comparison/contrast, and cause/effect and include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension;

(ii) develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples;

(iii) use appropriate transitions to create cohesion and clarify the relationships among ideas and concepts;

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic;

(v) establish and maintain a formal style; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented;

(c) write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences;

(i) engage and orient the reader by establishing a context, point of view, and introducing a narrator and/or characters and organize an event sequence that unfolds naturally and logically;

(ii) use narrative techniques, such as dialogue, pacing, and description to develop experiences, events, and/or characters;

(iii) use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another;

(iv) use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events; and

(v) provide a conclusion that follows from and reflects on the narrated experiences or events;

(e) with some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach and focusing on how well purpose and audience have been addressed (Editing for conventions should demonstrate command of Language standards(a) through (c) up to and including Grade 7.);

(f) use technology, including the internet, to produce and publish writing and link to and cite sources as well as to interact and collaborate with others, including linking to and citing sources;

(g) conduct short research projects to answer a question, drawing on several sources and generating additional related, focused questions for further research and investigation and include sources and/or topics by and about American Indians;

(h) gather relevant information from multiple print and digital sources using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation;

(i) draw evidence from literary or informational texts to support analysis, reflection, and research;

(i) apply Grade 7 reading standards to literature (e.g., "Compare and contrast a fictional portrayal of a time, place, or character and a historical account of the same period as a means of understanding how authors of fiction use or alter history"); and

(ii) apply Grade 7 reading standards to literary nonfiction (e.g. "Trace and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims"); and

(9) Writing standards for a student at the Grade 8 level are:

(a) write arguments to support claims with clear reasons and relevant evidence;

(i) introduce claim(s), acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically;

(ii) support claim(s) with logical reasoning and relevant evidence using accurate, credible sources, including oral sources, and demonstrating an understanding of the topic or text;

(iii) use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), counterclaims, reasons, and evidence;

(iv) establish and maintain a formal style; and

(v) provide a concluding statement or section that follows from and supports the argument presented;

(b) write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content;

(i) introduce a topic clearly previewing what is to follow; organize ideas, concepts, and information into broader categories; and include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension;

(ii) develop the topic with relevant, well-chosen facts, definitions, concrete details, quotations, or other information and examples;

(iii) use appropriate and varied transitions to create cohesion and clarify the relationships among ideas and concepts;

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic;

(v) establish and maintain a formal style; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented;

(c) write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences;

(i) engage and orient the reader by establishing a context, point of view, and introducing a narrator and/or characters and organize an event sequence that unfolds naturally and logically;

(ii) use narrative techniques, such as dialogue, pacing, description, and reflection, to develop experiences, events, and/or characters;

(iii) use a variety of transition words, phrases, and clauses to convey sequence, signal shifts from one time frame or setting to another, and show the relationships among experiences and events;

(iv) use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events; and

(v) provide a conclusion that follows from and reflects on the narrated experiences or events;

(e) with some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on how well purpose and audience have been addressed (Editing for conventions should demonstrate command of language standards (a) through (c) up to and including Grade 8.);

(f) use technology, including the internet, to produce and publish writing and present the relationships between information and ideas efficiently as well as to interact and collaborate with others;

(g) conduct short research projects to answer a question (including a self-generated question), drawing on several sources and generating additional related, focused questions that allow for multiple avenues of exploration and include sources and/or topics by and about American Indians;

(h) gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation;

(i) draw evidence from literary or informational texts to support analysis, reflection, and research;

(i) apply Grade 8 reading standards to literature (e.g., "Analyze how a modern work of fiction draws on themes, patterns of events, or character types from myths, traditional stories, or religious works such as the Bible, including describing how the material is rendered new"); and

(ii) apply Grade 8 reading standards to literary nonfiction (e.g., "Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient and recognize when irrelevant evidence is introduced"); and

(10) Writing standards for a student at the Grade 9-10 level are:

(a) write arguments to support claims in an analysis of substantive topics or text, including culturally diverse topics or texts, using valid reasoning and relevant and sufficient evidence;

(i) introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence;

(ii) develop claim(s) and counterclaims fairly, supplying evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience's knowledge level and concerns;

(iii) use words, phrases, and clauses to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, reasons and evidence, and claim(s) and counterclaims;

(iv) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(v) provide a concluding statement or section that follows from and supports the argument presented;

(b) write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content;

(i) introduce a topic; organize complex ideas, concepts, and information to make important connections and distinctions; and include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aid comprehension;

(ii) develop the topic with well-chosen, relevant, and sufficient facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience's knowledge of the topic;

(iii) use appropriate and varied transitions to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts;

(iv) use precise language and domain-specific vocabulary to manage the complexity of the topic;

(v) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic);

(c) write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences;

(i) engage and orient the reader by setting out a problem, situation, or observation; establishing one or multiple point(s) of view; introducing a narrator and/or characters; and create a smooth progression of experiences or events;

(ii) use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters;

(iii) use a variety of techniques to sequence events so that they build on one another to create a coherent whole;

(iv) use precise words and phrases, telling details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters; and

(v) provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative;

(e) develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience (Editing for conventions should demonstrate command of language standards (a) through (c) up to and including Grades 9-10.);

(f) use technology, including the internet, to produce, publish, and update individual or shared writing products, taking advantage of technology's capacity to link to other information and to display information flexibly and dynamically;

(g) conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; and synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation;

(h) gather relevant information from multiple authoritative print and digital sources using advanced searches effectively; assess the usefulness of each source in answering the research question; and integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation;

(i) draw evidence from literary or informational texts, including American Indian texts, to support analysis, reflection, and research;

(i) apply Grades 9-10 reading standards to literature (e.g., "Analyze how an author draws on and transforms source material in a specific work [e.g., how Shakespeare treats a theme or topic from Ovid or the Bible or how a later author draws on a play by Shakespeare]" and as in James Welch's Fools Crow, the author retells the Pikuni traditional story, "Star Boy"); and

(ii) apply Grades 9-10 reading standards to literary nonfiction (e.g., "Delineate and evaluate the argument and specific claims in a text; assessing whether the reasoning is valid and the evidence is relevant and sufficient; and identify false statements and fallacious reasoning"); and

(j) write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

(11) Writing standards for a student at the Grade 11-12 level are:

(a) write arguments to support claims in an analysis of substantive topics or texts, including culturally diverse topics or texts, using valid reasoning and relevant and sufficient evidence;

(i) introduce precise, knowledgeable claim(s); establish the significance of the claim(s); distinguish the claim(s) from alternate or opposing claims; and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence;

(ii) develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience's knowledge level, concerns, values, and possible biases;

(iii) use words, phrases, and clauses as well as varied syntax to link the major sections of the text; create cohesion; and clarify the relationships between claim(s) and reasons, reasons and evidence, and claim(s) and counterclaims;

(iv) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(v) provide a concluding statement or section that follows from and supports the argument presented;

(b) write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content;

(i) introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; and include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aid comprehension;

(ii) develop the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience's knowledge of the topic;

(iii) use appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts;

(iv) use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic;

(v) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic);

(c) write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences;

(i) engage and orient the reader by setting out a problem, situation, or observation and its significance; establish one or multiple point(s) of view; introduce a narrator and/or characters; and create a smooth progression of experiences or events;

(ii) use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters;

(iii) use a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome (e.g., a sense of mystery, suspense, growth, or resolution);

(iv) use precise words and phrases, telling details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters; and

(v) provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative;

(f) use technology, including the internet, to produce, publish, and update individual or shared writing products in response to ongoing feedback and include new arguments or information;

(g) conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, and demonstrate understanding of the subject under investigation;

(h) gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; and integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation;

(i) draw evidence from literary or informational texts, including those by and about American Indians, to support analysis, reflection, and research;

(i) apply Grades 11-12 reading standards to literature (e.g., "Demonstrate knowledge of eighteenth-, nineteenth- and early-twentieth-century foundational works of American literature, including how two or more texts from the same period treat similar themes or topics"); and

(ii) apply Grades 11-12 reading standards to literary nonfiction (e.g., "Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning [e.g., in U.S. Supreme Court Case majority opinions and dissents] and the premises, purposes, and arguments in works of public advocacy [e.g., The Federalist, presidential addresses, American Indian Policies]"); and

(j) write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.409 Speaking and Listening Standards

(1) Speaking and listening standards for a student at the kindergarten level are:

(a) participate in collaborative conversations with diverse partners about kindergarten topics and texts with peers and adults in small and larger groups;

(i) follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion); and

(ii) continue a conversation through multiple exchanges;

(b) confirm understanding of a text read aloud or information presented orally or through other media by asking and answering questions about key details and requesting clarification if something is not understood;

(d) describe familiar people, places, things, and events and, with prompting and support, provide additional detail;

(e) add drawings or other visual displays to descriptions as desired to provide additional detail; and

(f) speak audibly and express thoughts, feelings, and ideas clearly.

(2) Speaking and listening standards for a student at the Grade 1 level are:

(a) participate in collaborative conversations with diverse partners about Grade 1 topics and texts with peers and adults in small and larger groups;

(i) follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion);

(ii) build on others' talk in conversations by responding to the comments of others through multiple exchanges; and

(iii) ask questions to clear up any confusion about the topics and texts under discussion;

(b) ask and answer questions about key details in a text read aloud or information presented orally or through other media;

(c) ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood;

(d) describe people, places, things, and events with relevant details, expressing ideas and feelings clearly;

(e) add drawings or other visual displays to descriptions when appropriate to clarify ideas, thoughts, and feelings; and

(f) produce complete sentences when appropriate to task and situation (See Grade 1 Language standards (a) and (c) for specific expectations.);

(3) Speaking and listening standards for a student at the Grade 2 level are:

(a) participate in collaborative conversations with diverse partners about Grade 2 topics and texts with peers and adults in small and larger groups;

(i) follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care, and speaking one at a time about the topics and texts under discussion);

(ii) build on others' talk in conversations by linking their comments to the remarks of others; and

(iii) ask for clarification and further explanation as needed about the topics and texts under discussion;

(b) recount or describe key ideas or details from a text read aloud or information presented orally or through other media;

(c) ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue;

(d) tell a story or recount an experience with appropriate facts and relevant, descriptive details, speaking audibly in coherent sentences;

(e) create audio recordings of stories or poems and add drawings or other visual displays to stories or recounts of experiences when appropriate to clarify ideas, thoughts, and feelings; and

(f) produce complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

(4) Speaking and listening standards for a student at the Grade 3 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grade 3 topics and texts, building on others' ideas and expressing their own clearly;

(i) come to discussions prepared, having read or studied required material and explicitly draw on that preparation and other information known about the topic to explore ideas under discussion;

(ii) follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care and speaking one at a time about the topics and texts under discussion);

(iii) ask questions to check understanding of information presented, stay on topic, and link their comments to the remarks of others; and

(iv) explain their own ideas and understanding in light of the discussion;

(b) determine the main ideas and supporting details of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally;

(d) report on a topic or text, tell a story, or recount an experience with appropriate facts and relevant, descriptive details; speak clearly at an understandable pace; and include sources by and about American Indians;

(e) create engaging audio recordings of stories or poems that demonstrate fluid reading at an understandable pace and add visual displays when appropriate to emphasize or enhance certain facts or details; and

(f) speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification. (See Grade 3 language standards (a) and (c) for specific expectations.)

(5) Speaking and listening standards for a student at the Grade 4 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grade 4 topics and texts, building on others' ideas and expressing their own clearly;

(i) come to discussions prepared, having read or studied required material and explicitly draw on that preparation and other information known about the topic to explore ideas under discussion;

(ii) follow agreed-upon rules for discussions and carry out assigned roles;

(iii) pose and respond to specific questions to clarify or follow up on information, and make comments that contribute to the discussion and link to the remarks of others; and

(iv) review the key ideas expressed and explain their own ideas and understanding in light of the discussion;

(b) paraphrase portions of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally;

(d) report on a topic or text, tell a story, or recount an experience in an organized manner, using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace; and include sources by and about American Indians;

(e) add audio recordings and visual displays to presentations when appropriate to enhance the development of main ideas or themes; and

(f) differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion) and use formal English when appropriate to task and situation. (See Grade 4 language standard (a) for specific expectations.)

(6) Speaking and listening standards for a student at the Grade 5 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grade 5 topics and texts, building on others' ideas and expressing their own clearly;

(i) come to discussions prepared, having read or studied required material and explicitly draw on that preparation and other information known about the topic to explore ideas under discussion;

(ii) follow agreed-upon rules for discussions and carry out assigned roles;

(iii) pose and respond to specific questions by making comments that contribute to the discussion and elaborate on the remarks of others; and

(iv) review the key ideas expressed and draw conclusions in light of information and knowledge gained from the discussions;

(b) summarize a written text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally;

(d) report on a topic or text or present an opinion, sequencing ideas logically and using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace; and include sources by and about American Indians;

(e) include multimedia components (e.g., graphics, sound) and visual displays in presentations when appropriate to enhance the development of main ideas or themes; and

(f) adapt speech to a variety of contexts and tasks, using formal English when appropriate to task and situation. (See Grade 5 language standards (a) and (c) for specific expectations.)

(7) Speaking and listening standards for a student at the Grade 6 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grade 6 topics, texts, and issues, building on others' ideas and expressing their own clearly;

(i) come to discussions prepared, having read or studied required material and explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion;

(ii) follow rules for collegial discussions, set specific goals and deadlines, and define individual roles as needed;

(iii) pose and respond to specific questions with elaboration and detail by making comments that contribute to the topic, text, or issue under discussion; and

(iv) review the key ideas expressed and demonstrate understanding of multiple perspectives through reflection and paraphrasing;

(b) interpret information presented in diverse media and formats (e.g., visually, quantitatively, orally) and explain how it contributes to a topic, text, or issue under study;

(c) delineate a speaker's argument and specific claims, distinguishing claims that are supported by reasons and evidence from claims that are not;

(d) present claims and findings, sequencing ideas logically and using pertinent descriptions, facts, and details to accentuate main ideas or themes and use appropriate eye contact, adequate volume, and clear pronunciation;

(e) include multimedia components (e.g., graphics, images, music, sound) and visual displays in presentations to clarify information; and

(f) adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See Grade 6 language standards (a) and (c) for specific expectations.)

(8) Speaking and listening standards for a student at the Grade 7 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grade 7 topics, texts, and issues, building on others' ideas and expressing their own clearly;

(i) come to discussions prepared, having read or researched material under study and explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion;

(ii) follow rules for collegial discussions, track progress toward specific goals and deadlines, and define individual roles as needed;

(iii) pose questions that elicit elaboration and respond to others' questions and comments with relevant observations and ideas that bring the discussion back on topic as needed; and

(iv) acknowledge new information expressed by others and, when warranted, modify their own views;

(b) analyze the main ideas and supporting details presented in diverse media and formats (e.g., visually, quantitatively, orally) and explain how the ideas clarify a topic, text, or issue under study;

(c) delineate a speaker's argument and specific claims, evaluating the soundness of the reasoning and the relevance and sufficiency of the evidence;

(d) present claims and findings, emphasizing salient points in a focused, coherent manner with pertinent descriptions, facts, details, and examples and use appropriate eye contact, adequate volume, and clear pronunciation;

(e) include multimedia components and visual displays in presentations to clarify claims and findings and emphasize salient points; and

(f) adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See Grade 7 language standards (a) and (c) for specific expectations.)

(9) Speaking and listening standards for a student at the Grade 8 level are:

(a) engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 8 topics, texts, and issues, building on others' ideas and expressing their own clearly;

(ii) follow rules for collegial discussions and decision-making, track progress toward specific goals and deadlines, and define individual roles as needed;

(iii) pose questions that connect the ideas of several speakers and respond to others' questions and comments with relevant evidence, observations, and ideas; and

(iv) acknowledge new information expressed by others, and, when warranted, qualify or justify their own views in light of the evidence presented;

(b) analyze the purpose of information presented in diverse media and formats (e.g., visually, quantitatively, orally) and evaluate the motives (e.g., social, commercial, political) behind its presentation;

(c) delineate a speaker's argument and specific claims, evaluating the soundness of the reasoning and relevance and sufficiency of the evidence and identifying when irrelevant evidence is introduced;

(d) present claims and findings, emphasizing salient points in a focused, coherent manner with relevant evidence, sound valid reasoning, and well-chosen details and use appropriate eye contact, adequate volume, and clear pronunciation;

(e) integrate multimedia and visual displays into presentations to clarify information, strengthen claims and evidence, and add interest; and

(f) adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See Grade 8 language standards (a) and (c) for specific expectations.)

(10) Speaking and listening standards for a student at the Grade 9-10 level are:

(a) initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grades 9-10 topics, texts, and issues, building on others' ideas and expressing their own clearly and persuasively;

(i) come to discussions prepared, having read and researched material under study and explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas;

(ii) work with peers to set rules for collegial discussions and decision-making (e.g., informal consensus, taking votes on key issues, presentation of alternate views), clear goals and deadlines, and individual roles as needed;

(iii) propel conversations by posing and responding to questions that relate the current discussion to broader themes or larger ideas; actively incorporate others into the discussion; and clarify, verify, or challenge ideas and conclusions; and

(iv) respond thoughtfully to diverse perspectives, with specific attention to culture; summarize points of agreement and disagreement; when warranted, qualify or justify their own views and understanding; and make new connections in light of the evidence and reasoning presented;

(b) integrate multiple sources of information presented in diverse media or formats (e.g., visually, quantitatively, orally) evaluating the credibility and accuracy of each source;

(c) evaluate a speaker's point of view, reasoning, and use of evidence and rhetoric, including culturally diverse contexts, identifying any fallacious reasoning or exaggerated or distorted evidence;

(d) present information, findings, and supporting evidence clearly, concisely, and logically such that listeners can follow the line of reasoning and the organization, development, substance, and style are appropriate to purpose, audience, and task;

(e) make strategic use of digital media (e.g., textual, graphical, audio, visual, and interactive elements) in presentations to enhance understanding of findings, reasoning, and evidence and to add interest; and

(f) adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See Grades 9-10 language standards (a) and (c) for specific expectations.)

(11) Speaking and listening standards for a student at the Grade 11-12 level are:

(a) initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on Grades 11-12 topics, texts, and issues, building on others' ideas and expressing their own clearly and persuasively;

(ii) work with peers to promote civil, democratic discussions and decision-making, set clear goals and deadlines, and establish individual roles as needed;

(iii) propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives; and

(iv) respond thoughtfully to diverse perspectives, with specific attention to culture; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task;

(b) integrate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, orally) in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data;

(c) evaluate a speaker's point of view, reasoning, and use of evidence and rhetoric, including culturally diverse contexts, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used;

(d) present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks;

(f) adapt speech to a variety of contexts and tasks, demonstrating a command of formal English when indicated or appropriate. (See Grades 11-12 language standards (a) and (c) for specific expectations.)

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.410 Language Standards

(1) Language standards for a student at the kindergarten level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) print many upper- and lowercase letters;

(ii) use frequently occurring nouns and verbs;

(iii) form regular plural nouns orally by adding /s/ or /es/ (e.g., dog, dogs; wish, wishes);

(iv) understand and use question words (interrogatives) (e.g., who, what, where, when, why, how);

(v) use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, with); and

(vi) produce and expand complete sentences in shared language activities;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) capitalize the first word in a sentence and the pronoun "I";

(ii) recognize and name end punctuation;

(iii) write a letter or letters for most consonant and short-vowel sounds (phonemes); and

(iv) spell simple words phonetically, drawing on knowledge of sound-letter relationships;

(c) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on kindergarten reading and content;

(i) identify new meanings for familiar words and apply them accurately (e.g., knowing duck is a bird and learning the verb to duck); and

(ii) use the most frequently occurring inflections and affixes (e.g., -ed, -s, re-, un-, pre-, -ful, -less) as a clue to the meaning of an unknown word;

(d) with guidance and support from adults, explore word relationships and nuances in word meanings;

(i) sort common objects into categories (e.g., shapes, foods) to gain a sense of the concepts the categories represent;

(ii) demonstrate understanding of frequently occurring verbs and adjectives by relating them to their opposites (antonyms);

(iii) identify real-life connections between words and their use (e.g., note places at school that are colorful); and

(iv) distinguish shades of meaning among verbs describing the same general action (e.g., walk, march, strut, prance) by acting out the meanings; and

(e) use words and phrases acquired through conversations, reading and being read to, and responding to texts.

(2) Language standards for a student at the Grade 1 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) print all upper- and lowercase letters;

(ii) use common, proper, and possessive nouns;

(iii) use singular and plural nouns with matching verbs in basic sentences (e.g., He hops; We hop);

(iv) use personal, possessive, and indefinite pronouns (e.g., I, me, my; they, them, their; anyone, everything);

(v) use verbs to convey a sense of past, present, and future (e.g., Yesterday I walked home; Today I walk home; Tomorrow I will walk home);

(vi) use frequently occurring adjectives;

(vii) use frequently occurring conjunctions (e.g., and, but, or, so, because);

(viii) use determiners (e.g., articles, demonstratives);

(ix) use frequently occurring prepositions (e.g., during, beyond, toward); and

(x) produce and expand complete simple and compound declarative, interrogative, imperative, and exclamatory sentences in response to prompts;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) capitalize dates and names of people;

(ii) use end punctuation for sentences;

(iii) use commas in dates and to separate single words in a series;

(iv) use conventional spelling for words with common spelling patterns and for frequently occurring irregular words; and

(v) spell untaught words phonetically, drawing on phonemic awareness and spelling conventions;

(c) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 1 reading and content, choosing flexibly from an array of strategies;

(i) use sentence-level context as a clue to the meaning of a word or phrase;

(ii) use frequently occurring affixes as a clue to the meaning of a word; and

(iii) identify frequently occurring root words (e.g., look) and their inflectional forms (e.g., looks, looked, looking);

(d) with guidance and support from adults, demonstrate understanding of word relationships and nuances in word meanings;

(i) sort words into categories (e.g., colors, clothing) to gain a sense of the concepts the categories represent;

(ii) define words by category and by one or more key attributes (e.g., a duck is a bird that swims; a tiger is a large cat with stripes);

(iii) identify real-life connections between words and their use (e.g., note places at home that are cozy); and

(iv) distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, scowl) and adjectives differing in intensity (e.g., large, gigantic) by defining or choosing them or by acting out the meanings; and

(e) use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using frequently occurring conjunctions to signal simple relationships (e.g., because).

(3) Language standards for a student at the Grade 2 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) use collective nouns (e.g., group);

(ii) form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, fish);

(iii) use reflexive pronouns (e.g., myself, ourselves);

(iv) form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, told);

(v) use adjectives and adverbs and choose between them depending on what is to be modified; and

(vi) produce, expand, and rearrange complete simple and compound sentences (e.g., the boy watched the movie; the little boy watched the movie; the action movie was watched by the little boy);

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) capitalize holidays, product names, and geographic names;

(ii) use commas in greetings and closings of letters;

(iii) use an apostrophe to form contractions and frequently occurring possessives;

(iv) generalize learned spelling patterns when writing words (e.g., cage → badge; boy → boil); and

(v) consult reference materials, including beginning dictionaries, as needed to check and correct spellings;

(i) compare formal and informal uses of English;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 2 reading and content, choosing flexibly from an array of strategies;

(i) use sentence-level context as a clue to the meaning of a word or phrase;

(ii) determine the meaning of the new word formed when a known prefix is added to a known word (e.g., happy/unhappy, tell/retell);

(iii) use a known root word as a clue to the meaning of an unknown word with the same root (e.g., addition, additional);

(iv) use knowledge of the meaning of individual words to predict the meaning of compound words (e.g., birdhouse, lighthouse, housefly; bookshelf, notebook, bookmark); and

(v) use glossaries and beginning dictionaries, both print and digital, to determine or clarify the meaning of words and phrases;

(e) demonstrate understanding of word relationships and nuances in word meanings;

(i) identify real-life connections between words and their use (e.g., describe foods that are spicy or juicy); and

(ii) distinguish shades of meaning among closely related verbs (e.g., toss, throw, hurl) and closely related adjectives (e.g., thin, slender, skinny, scrawny); and

(f) use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using adjectives and adverbs to describe (e.g., when other kids are happy that makes me happy).

(4) Language standards for a student at the Grade 3 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) explain the function of nouns, pronouns, verbs, adjectives, and adverbs in general and their functions in particular sentences;

(ii) form and use regular and irregular plural nouns;

(iii) use abstract nouns (e.g., childhood);

(iv) form and use regular and irregular verbs;

(v) form and use the simple (e.g., I walked; I walk; I will walk) verb tenses;

(vi) ensure subject-verb and pronoun-antecedent agreement;

(vii) form and use comparative and superlative adjectives and adverbs, and choose between them depending on what is to be modified;

(viii) use coordinating and subordinating conjunctions; and

(ix) produce simple, compound, and complex sentences;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) capitalize appropriate words in titles;

(ii) use commas in addresses;

(iii) use commas and quotation marks in dialogue;

(iv) form and use possessives;

(v) use conventional spelling for high-frequency and other studied words and for adding suffixes to base words (e.g., sitting, smiled, cries, happiness);

(vi) use spelling patterns and generalizations (e.g., word families, position-based spellings, syllable patterns, ending rules, meaningful word parts) in writing words; and

(vii) consult reference materials, including beginning dictionaries, as needed to check and correct spellings;

(i) choose words and phrases for effect; and

(ii) recognize and observe differences between the conventions of spoken and written standard English;

(d) determine or clarify the meaning of unknown and multiple-meaning word and phrases based on Grade 3 reading and content, choosing flexibly from a range of strategies;

(i) use sentence-level context as a clue to the meaning of a word or phrase;

(ii) determine the meaning of the new word formed when a known affix is added to a known word (e.g., agreeable/disagreeable, comfortable/uncomfortable, care/careless, heat/preheat);

(iii) use a known root word as a clue to the meaning of an unknown word with the same root (e.g., company, companion); and

(iv) use glossaries or beginning dictionaries, both print and digital, to determine or clarify the precise meaning of key words and phrases;

(e) demonstrate understanding of word relationships and nuances in word meanings;

(i) distinguish the literal and nonliteral meanings of words and phrases in context (e.g., take steps);

(ii) identify real-life connections between words and their use (e.g., describe people who are friendly or helpful); and

(iii) distinguish shades of meaning among related words that describe states of mind or degrees of certainty (e.g., knew, believed, suspected, heard, wondered); and

(f) acquire and use accurately grade-appropriate conversational, general academic, and domain-specific words and phrases, including those that signal spatial and temporal relationships (e.g., after dinner that night we went looking for them).

(5) Language standards for a student at the Grade 4 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) use relative pronouns (who, whose, whom, which, that) and relative adverbs (where, when, why);

(ii) form and use the progressive (e.g., I was walking; I am walking; I will be walking) verb tenses;

(iii) use modal auxiliaries (e.g., can, may, must) to convey various conditions;

(iv) order adjectives within sentences according to conventional patterns (e.g., a small red bag rather than a red small bag);

(v) form and use prepositional phrases;

(vi) produce complete sentences, recognizing and correcting inappropriate fragments and run-ons; and

(vii) correctly use frequently confused words (e.g., to, too, two; there, their);

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use correct capitalization;

(ii) use commas and quotation marks to mark direct speech and quotations from a text;

(iii) use a comma before a coordinating conjunction in a compound sentence; and

(iv) spell grade-appropriate words correctly, consulting references as needed;

(i) choose words and phrases to convey ideas precisely;

(ii) choose punctuation for effect; and

(iii) differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion);

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 4 reading and content, choosing flexibly from a range of strategies;

(i) use context (e.g., definitions, examples, or restatements in text) as a clue to the meaning of a word or phrase;

(ii) use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., telegraph, photograph, autograph); and

(iii) consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases;

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) explain the meaning of simple similes and metaphors (e.g., as pretty as a picture) in context;

(ii) recognize and explain the meaning of common idioms, adages, and proverbs; and

(iii) demonstrate understanding of words by relating them to their opposites (antonyms) and to words with similar but not identical meanings (synonyms); and

(f) acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, stammered) and that are basic to a particular topic (e.g., wildlife, conservation, and endangered when discussing animal preservation).

(6) Language standards for a student at the Grade 5 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) explain the function of conjunctions, prepositions, and interjections in general and their function in particular sentences;

(ii) form and use the perfect (e.g., I had walked; I have walked; I will have walked) verb tenses;

(iii) use verb tense to convey various times, sequences, states, and conditions;

(iv) recognize and correct inappropriate shifts in verb tense; and

(v) use correlative conjunctions (e.g., either/or, neither/nor);

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use punctuation to separate items in a series;

(ii) use a comma to separate an introductory element from the rest of the sentence;

(iii) use a comma to set off the words yes and no (e.g., Yes, thank you), to set off a tag question from the rest of the sentence (e.g., It's true, isn't it?), and to indicate direct address (e.g., Is that you, Steve?);

(iv) use underlining, quotation marks, or italics to indicate titles of works; and

(v) spell grade-appropriate words correctly, consulting references as needed;

(i) expand, combine, and reduce sentences for meaning, reader/listener interest, and style; and

(ii) compare and contrast the varieties of English (e.g., dialects, registers) used in stories, dramas, or poems;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 5 reading and content, choosing flexibly from a range of strategies;

(i) use context (e.g., cause/effect relationships and comparisons in text) as a clue to the meaning of a word or phrase;

(ii) use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., photograph, photosynthesis); and

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figurative language, including similes and metaphors, in context;

(ii) recognize and explain the meaning of common idioms, adages, and proverbs; and

(iii) use the relationship between particular words (e.g., synonyms, antonyms, homographs) to better understand each of the words; and

(f) acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal contrast, addition, and other logical relationships (e.g., however, although, nevertheless, similarly, moreover, in addition).

(7) Language standards for a student at the Grade 6 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) ensure that pronouns are in the proper case (subjective, objective, possessive);

(ii) use intensive pronouns (e.g., myself, ourselves);

(iii) recognize and correct inappropriate shifts in pronoun number and person;

(iv) recognize and correct vague pronouns (i.e., ones with unclear or ambiguous antecedents); and

(v) recognize variations from standard English in their own and others' writing and speaking, and identify and use strategies to improve expression in conventional language;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use punctuation (commas, parentheses, dashes) to set off nonrestrictive/ parenthetical elements; and

(ii) spell correctly;

(i) vary sentence patterns for meaning, reader/listener interest, and style; and

(ii) maintain consistency in style and tone;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 6 reading and content, choosing flexibly from a range of strategies;

(i) use context (e.g., the overall meaning of a sentence or paragraph; a word's position or function in a sentence) as a clue to the meaning of a word or phrase;

(ii) use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., audience, auditory, audible);

(iii) consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech; and

(iv) verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary);

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figures of speech (e.g., personification) in context;

(ii) use the relationship between particular words (e.g., cause/effect, part/whole, item/category) to better understand each of the words;

(iii) distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., stingy, scrimping, economical, unwasteful, thrifty); and

(iv) recognize the influence time, culture, gender and social relationships have upon word meaning; and

(f) acquire and use accurately grade-appropriate general academic and domain-specific words and phrases and gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

(8) Language standards for a student at the Grade 7 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) explain the function of phrases and clauses in general and their function in specific sentences;

(ii) choose among simple, compound, complex, and compound-complex sentences to signal differing relationships among ideas; and

(iii) place phrases and clauses within a sentence, recognizing and correcting misplaced and dangling modifiers;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use a comma to separate coordinate adjectives (e.g., It was a fascinating, enjoyable movie, but not, He wore an old[,] green shirt); and

(ii) spell correctly;

(i) choose language that expresses ideas precisely and concisely, recognizing and eliminating wordiness and redundancy;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grade 7 reading and content, choosing flexibly from a range of strategies;

(i) use context (e.g., the overall meaning of a sentence or paragraph; a word's position or function in a sentence) as a clue to the meaning of a word or phrase;

(ii) use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., belligerent, bellicose, rebel);

(iii) consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech; and

(iv) verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary);

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figures of speech (e.g., literary, biblical, and mythological allusions) in context;

(ii) use the relationship between particular words (e.g., synonym, antonym, analogy) to better understand each of the words;

(iii) distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., refined, respectful, polite, diplomatic, condescending); and

(iv) recognize the influence time, culture, gender, and social relationships have upon word meaning; and

(9) Language standards for a student at the Grade 8 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) explain the function of verbals (gerunds, participles, infinitives) in general and their function in particular sentences;

(ii) form and use verbs in the active and passive voice;

(iii) form and use verbs in the indicative, imperative, interrogative, conditional, and subjunctive mood; and

(iv) recognize and correct inappropriate shifts in verb voice and mood;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use punctuation (comma, ellipsis, dash) to indicate a pause or break;

(ii) use an ellipsis to indicate an omission; and

(iii) spell correctly;

(i) use verbs in the active and passive voice and in the conditional and subjunctive mood to achieve particular effects (e.g., emphasizing the actor or the action; expressing uncertainty; or describing a state contrary to fact);

(d) determine or clarify the meaning of unknown and multiple-meaning words or phrases based on Grade 8 reading and content, choosing flexibly from a range of strategies;

(i) use context (e.g., the overall meaning of a sentence or paragraph; a word's position; or function in a sentence) as a clue to the meaning of a word or phrase;

(ii) use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., precede, recede, secede);

(iv) verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary);

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figures of speech (e.g. verbal irony, puns) in context;

(ii) use the relationship between particular words to better understand each of the words;

(iii) distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., bullheaded, willful, firm, persistent, resolute); and

(iv) recognize the influence time, culture, gender, and social relationships have upon word meaning; and

(10) Language standards for a student at the Grade 9-10 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) use parallel structure; and

(ii) use various types of phrases (noun, verb, adjectival, adverbial, participial, prepositional, absolute) and clauses (independent, dependent; noun, relative, adverbial) to convey specific meanings and add variety and interest to writing or presentations;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) use a semicolon (and perhaps a conjunctive adverb) to link two or more closely related independent clauses;

(ii) use a colon to introduce a list or quotation; and

(iii) spell correctly;

(c) apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening;

(i) write and edit work so that it conforms to the guidelines in a style manual (e.g., MLA Handbook, Turabian's Manual for Writers) appropriate for the discipline and writing type;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grades 9-10 reading and content, choosing flexibly from a range of strategies, recognizing the role culture plays in the development of language;

(i) use context (e.g., the overall meaning of a sentence, paragraph, or text; a word's position or function in a sentence) as a clue to the meaning of a word or phrase;

(ii) identify and correctly use patterns of word changes that indicate different meanings or parts of speech (e.g., analyze, analysis, analytical; advocate, advocacy);

(iv) verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary);

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figures of speech (e.g., euphemism, oxymoron) in context and analyze their role in the text; and

(ii) analyze nuances in the meaning of words with similar denotations; and

(f) acquire and use accurately general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college and career readiness level and demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

(11) Language standards for a student at the Grade 11-12 level are:

(a) demonstrate command of the conventions of standard English grammar and usage when writing or speaking;

(i) apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested; and

(ii) resolve issues of complex or contested usage, consulting references (e.g., Merriam-Webster's Dictionary of English Usage, Garner's Modern American Usage) as needed;

(b) demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing;

(i) observe hyphenation conventions; and

(ii) spell correctly;

(c) apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening;

(i) vary syntax for effect, consulting references (e.g., Tufte's Artful Sentences) for guidance as needed and apply an understanding of syntax to the study of complex texts when reading;

(d) determine or clarify the meaning of unknown and multiple-meaning words and phrases based on Grades 11-12 reading and content, choosing flexibly from a range of strategies and recognizing the role culture plays in the development of language;

(i) use context (e.g., the overall meaning of a sentence, paragraph, or text; a word's position or function in a sentence) as a clue to the meaning of a word or phrase;

(ii) identify and correctly use patterns of word changes that indicate different meanings or parts of speech (e.g., conceive, conception, conceivable);

(iv) verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary);

(e) demonstrate understanding of figurative language, word relationships, and nuances in word meanings;

(i) interpret figures of speech (e.g., hyperbole, paradox) in context and analyze their role in the text; and

(ii) analyze nuances in the meaning of words with similar denotations; and

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.411 Reading Standards for Literacy in History/ Social Studies

(1) Reading standards for literacy in history/social studies for a student at the Grade 6-8 level are:

(a) cite specific textual evidence to support analysis of primary and secondary sources;

(b) determine the central ideas or information of a primary or secondary source and provide an accurate summary of the source distinct from prior knowledge or opinions;

(c) identify key steps in a text's description of a process related to history/social studies (e.g., how a bill becomes law, how interest rates are raised or lowered);

(d) determine the meaning of words and phrases as they are used in a text, including vocabulary specific to domains related to history/social studies;

(e) describe how a text presents information (e.g., sequentially, comparatively, causally);

(f) identify aspects of a text, including those by and about American Indians, that reveal an author's point of view or purpose (e.g., loaded language, inclusion or avoidance of particular facts);

(g) integrate visual information (e.g., in charts, graphs, photographs, videos, or maps) with other information in print and digital texts;

(h) distinguish among fact, opinion, and reasoned judgment in a text, including texts by and about American Indians;

(i) analyze the relationship between a primary and secondary source on the same topic, including sources by and about American Indians; and

(j) by the end of Grade 8, read and comprehend history/social studies texts in the Grades 6-8 text complexity band independently and proficiently.

(2) Reading standards for literacy in history/social studies for a student at the Grade 9-10 level are:

(a) cite specific textual evidence to support analysis of primary and secondary sources, attending to such features as the date and origin of the information;

(b) determine the central ideas or information of a primary or secondary source and provide an accurate summary of how key events or ideas develop over the course of the text;

(c) analyze in detail a series of events described in a text and determine whether earlier events caused later ones or simply preceded them;

(d) determine the meaning of words and phrases as they are used in a text, including vocabulary describing political, social, cultural, or economic aspects of history/social studies;

(e) analyze how a text uses structure to emphasize key points or advance an explanation or analysis;

(f) compare the point of view of two or more authors, incorporating American Indian authors, for how they treat the same or similar topics, including which details they include and emphasize in their respective accounts;

(g) integrate quantitative or technical analysis (e.g., charts, research data) with qualitative analysis in print or digital text;

(h) assess the extent to which the reasoning and evidence in a text support the author's claims; include texts by and about American Indians;

(i) compare and contrast treatments of the same topic in several primary and secondary sources, including American Indian sources; and

(j) by the end of Grade 10, read and comprehend history/social studies texts in the Grades 9-10 text complexity band independently and proficiently.

(3) Reading standards for literacy in history/social studies for a student at the Grade 11-12 level are:

(a) cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole;

(b) determine the central ideas or information of a primary or secondary source and provide an accurate summary that makes clear the relationships among the key details and ideas;

(c) evaluate various explanations for actions or events and determine which explanation best accords with textual evidence, acknowledging where the text leaves matters uncertain;

(d) determine the meaning of words and phrases as they are used in a text, including analyzing how an author uses and refines the meaning of a key term over the course of a text (e.g., how Madison defines faction in Federalist No. 10 and how the use of "sovereignty" in official documents impacts political and legal relationships);

(e) analyze in detail how a complex primary source is structured, including how key sentences, paragraphs, and larger portions of the text contribute to the whole;

(f) evaluate authors', incorporating American Indian authors, differing points of view on the same historical event or issue by assessing the authors' claims, reasoning, and evidence;

(g) integrate and evaluate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, as well as in words) in order to address a question or solve a problem;

(h) evaluate an author's premises, claims, and evidence by corroborating or challenging them with other information, including texts by and about American Indians;

(i) integrate information from diverse sources, including American Indian sources, both primary and secondary, into a coherent understanding of an idea or event, noting discrepancies among sources; and

(j) by the end of Grade 12, read and comprehend history/social studies texts in the Grades 11-CCR text complexity band independently and proficiently.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.412 Reading Standards for Literacy in Science and Technical Subjects

(1) Reading standards for literacy in science and technical subjects for a student at the Grade 6-8 level are:

(a) cite specific textual evidence to support analysis of science and technical texts;

(b) determine the central ideas or conclusions of a text and provide an accurate summary of the text distinct from prior knowledge or opinions;

(c) follow precisely a multistep procedure when carrying out experiments, taking measurements, or performing technical tasks;

(d) determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to Grades 6-8 texts and topics;

(e) analyze the structure an author uses to organize a text, including how the major sections contribute to the whole and to an understanding of the topic;

(f) analyze the author's purpose in providing an explanation, describing a procedure, or discussing an experiment in a text;

(g) integrate quantitative or technical information expressed in words in a text with a version of that information expressed visually (e.g., in a flowchart, diagram, model, graph, or table);

(h) distinguish among facts, reasoned judgment based on research findings, and speculation in a text; include texts by and about American Indians;

(i) compare and contrast the information gained from experiments, simulations, video, or multimedia sources with that gained from reading a text on the same topic; and

(j) by the end of Grade 8, read and comprehend science/technical texts in the Grades 6-8 text complexity band independently and proficiently.

(2) Reading standards for literacy in science and technical subjects for a student at the Grade 9-10 level are:

(a) cite specific textual evidence to support analysis of science and technical texts, attending to the precise details of explanations or descriptions;

(b) determine the central ideas or conclusions of a text; trace the text's explanation or depiction of a complex process, phenomenon, or concept; and provide an accurate summary of the text;

(c) follow precisely a complex multistep procedure when carrying out experiments, taking measurements, or performing technical tasks, attending to special cases or exceptions defined in the text;

(d) determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to Grades 9-10 texts and topics;

(e) analyze the structure of the relationships among concepts in a text, including relationships among key terms (e.g., force, friction, reaction force, energy);

(f) analyze the author's purpose in providing an explanation, describing a procedure, or discussing an experiment in a text, defining the question the author seeks to address;

(g) translate quantitative or technical information expressed in words in a text into visual form (e.g., a table or chart) and translate information expressed visually or mathematically (e.g., in an equation) into words;

(h) assess the extent to which the reasoning and evidence in a text support the author's claim or a recommendation for solving scientific or technical problems;

(i) compare and contrast findings presented in a text to those from other sources (including their own experiments, and knowledge derived from American Indian cultures), noting when the findings support or contradict previous explanations or accounts; and

(j) by the end of Grade 10, read and comprehend science/technical texts in the Grades 9-10 text complexity band independently and proficiently.

(3) Reading standards for literacy in science and technical subjects for a student at the Grade 11-12 level are:

(a) cite specific textual evidence to support analysis of science and technical texts, attending to important distinctions the author makes and to any gaps or inconsistencies in the account;

(b) determine the central ideas or conclusions of a text and summarize complex concepts, processes, or information presented in a text by paraphrasing them in simpler but still accurate terms;

(c) follow precisely a complex multistep procedure when carrying out experiments, taking measurements, or performing technical tasks and analyze the specific results based on explanations in the text;

(d) determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to Grades 11-12 texts and topics;

(e) analyze how the text structures information or ideas into categories or hierarchies, demonstrating understanding of the information or ideas;

(f) analyze the author's purpose in providing an explanation, describing a procedure, or discussing an experiment in a text, identifying important issues that remain unresolved;

(g) integrate and evaluate multiple sources of information presented in diverse formats and media (e.g., quantitative data, video, multimedia, Montana tribal resources) in order to address a question or solve a problem;

(h) evaluate the hypotheses, data, analysis, and conclusions in a science or technical text, verifying the data when possible and corroborating or challenging conclusions with other sources of information, including those from American Indians;

(i) synthesize information from a range of sources (e.g., texts, experiments, simulations, and knowledge derived from American Indian cultures) into a coherent understanding of a process, phenomenon, or concept, resolving conflicting information when possible; and

(j) by the end of Grade 12, read and comprehend science/technical texts in the Grades 11-CCR text complexity band independently and proficiently.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Mont. Admin. R. 10.53.413 Writing Standards for Literacy in History/Social Studies, Science, and Technical Subjects

(1) Writing standards for literacy in history/social studies, science, and technical subjects for a student at the Grade 6-8 level are:

(a) write arguments focused on discipline-specific content;

(i) introduce claim(s) about a topic or issue, acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically;

(ii) support claim(s) with logical reasoning and relevant, accurate data and evidence that demonstrate an understanding of the topic or text, using credible sources;

(iii) use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), counterclaims, reasons, and evidence;

(iv) establish and maintain a formal style; and

(v) provide a concluding statement or section that follows from and supports the argument presented;

(b) write informative/explanatory texts, including the narration of historical events, scientific procedures/ experiments, or technical processes;

(i) introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information into broader categories as appropriate to achieving purpose; and include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension;

(ii) develop the topic with relevant, well-chosen facts, definitions, concrete details, quotations, or other information and examples;

(iii) use appropriate and varied transitions to create cohesion and clarify the relationships among ideas and concepts;

(iv) use precise language and domain-specific vocabulary to inform about or explain the topic;

(v) establish and maintain a formal style and objective tone; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented;

(c) produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience;

(d) with some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on how well purpose and audience have been addressed;

(e) use technology, including the internet, to produce and publish writing and present the relationships between information and ideas clearly and efficiently;

(f) conduct short research projects to answer a question (including a self-generated question), drawing on several sources and generating additional related, focused questions that allow for multiple avenues of exploration;

(g) gather relevant information from multiple oral, print, and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation;

(h) draw evidence from informational texts to support analysis, reflection, and research, including texts by and about American Indians; and

(i) write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

(2) Writing standards for literacy in history/social studies, science, and technical subjects for a student at the Grade 9-10 level are:

(a) write arguments focused on discipline-specific content;

(i) introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among the claim(s), counterclaims, reasons, and evidence;

(ii) develop claim(s) and counterclaims fairly, supplying data and evidence for each while pointing out the strengths and limitations of both claim(s) and counterclaims in a discipline-appropriate form and in a manner that anticipates the audience's knowledge level and concerns;

(iv) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(v) provide a concluding statement or section that follows from or supports the argument presented;

(b) write informative/explanatory texts, including the narration of historical events, scientific procedures/experiments, or technical processes;

(i) introduce a topic and organize ideas, concepts, and information to make important connections and distinctions; include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aid comprehension;

(iii) use varied transitions and sentence structures to link the major sections of the text, create cohesion, and clarify the relationships among ideas and concepts;

(iv) use precise language and domain-specific vocabulary to manage the complexity of the topic and convey a style appropriate to the discipline and context as well as to the expertise of likely readers;

(v) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(vi) provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic);

(c) produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience;

(d) develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience;

(e) use technology, including the internet, to produce, publish, and update individual or shared writing products, taking advantage of technology's capacity to link to other information and display information flexibly and dynamically;

(f) conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; and synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation;

(g) gather relevant information from multiple authoritative oral, print, and digital sources, using advanced searches effectively; assess the usefulness of each source in answering the research question; and integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation;

(h) draw evidence from informational texts to support analysis, reflection, and research, including texts by and about American Indians; and

(3) Writing standards for literacy in history/social studies, science, and technical subjects for a student at the Grade 11-12 level are:

(a) Write arguments focused on discipline-specific content;

(i) introduce precise, knowledgeable claim(s), establish the significance of the claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that logically sequences the claim(s), counterclaims, reasons, and evidence;

(ii) develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant data and evidence for each while pointing out the strengths and limitations of both claim(s) and counterclaims in a discipline-appropriate form that anticipates the audience's knowledge level, concerns, values, and possible biases;

(iii) use words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, reasons and evidence, and claim(s) and counterclaims;

(iv) establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing; and

(v) provide a concluding statement or section that follows from or supports the argument presented;

(b) write informative/explanatory texts, including the narration of historical events, scientific procedures/experiments, or technical processes;

(i) introduce a topic and organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole and include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aiding comprehension;

(iii) use varied transitions and sentence structures to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts;

(iv) use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic; convey a knowledgeable stance in a style that responds to the discipline and context as well as to the expertise of likely readers; and

(v) provide a concluding statement or section that follows from and supports the information or explanation provided (e.g., articulating implications or the significance of the topic);

(c) produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience;

(d) develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience;

(e) use technology, including the internet, to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information;

(f) conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation;

(g) gather relevant information from multiple authoritative oral, print, and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the specific task, purpose, and audience; and integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation;

(h) draw evidence from informational texts to support analysis, reflection, and research, including texts by and about American Indians; and

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2520, Eff. 11/26/11.

Subchapter 10.53.5 Mathematics Content Standards

Mont. Admin. R. 10.53.501 Standards for Mathematical Practice for Grades K-12

(1) Mathematical practice standard 1 is to problem solve and persevere. Mathematically proficient students:

(a) make conjectures, plan, and follow solution strategies;

(b) evaluate their progress and accuracy;

(d) persevere in seeking solutions, and value alternative approaches.

(2) Mathematical practice standard 2 is to abstract and generalize. Mathematically proficient students are able to decontextualize and symbolically represent both mathematical and non-mathematical situations to search for and analyze regularities, patterns, and structures.

(3) Mathematical practice standard 3 is to justify and prove. Mathematically proficient students create, evaluate, justify, and refute mathematical claims in developmentally and mathematically appropriate ways.

(4) Mathematical practice standard 4 is to model with mathematics. Mathematically proficient students:

(a) make sense of a scenario;

(b) identify a problem to be solved and mathematize it; and

(5) Mathematical practice standard 5 is to represent. Mathematically proficient students:

(a) recognize, use, create, interpret, and translate representations using appropriate methods and tools; and

(b) understand multiple ways of representing mathematical ideas and how they are related.

(6) Mathematical practice standard 6 is to collaborate mathematically. Mathematically proficient students engage in mathematics as a social enterprise through discussion and collaborative inquiry where ideas are offered, debated, connected, and built upon toward solutions, shared understanding, and appreciation of other perspectives.

(7) Mathematical practice standard 7 is to culturally connect. Mathematically proficient students:

(a) recognize cultural connections and contributions to mathematics; and

(b) appreciate the role of mathematics in various cultural contexts, including those of tribally specific Montana Indigenous Peoples.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.502 Montana Kindergarten Mathematics Content Standards

(1) Mathematics counting and cardinality standards for kindergarten are to:

(a) flexibly count to 100 by ones and by tens;

(b) count beginning from a given number within the known sequence;

(d) understand the relationship between numbers and quantities and connect counting to cardinality by recognizing that each successive number name refers to a quantity that is one larger within a normal counting sequence;

(e) count to answer "how many?" in a variety of arrangements and, given a number, produce a set within 20;

(f) identify whether the number of objects in one group is greater than, less than, or equal to the number of objects in another group; and

(g) compare two numbers between 1 and 10 presented as written numerals.

(2) Mathematics operations and algebraic thinking content standards for kindergarten are to:

(a) represent addition and subtraction in multiple ways;

(b) solve addition and subtraction problems in context within 10. This standard should incorporate cultural context relating to Montana Indigenous People and local communities;

(d) for any number from 1 to 9, find the number that makes 10 when added to the given number;

(e) flexibly, accurately add and subtract within 5; and

(f) recognize the characteristics of the commutative property in addition.

(3) Mathematics number and operations in base ten content standard for kindergarten is to:

(a) compose and decompose numbers from 11-19 into ten ones and further ones, in multiple ways and record each composition or decomposition by a drawing or an equation.

(4) Mathematics measurement and data content standards for kindergarten are to:

(a) describe several measurable attributes of a single object;

(b) directly compare two objects with a measurable attribute in common using comparative language;

(c) classify, count, and sort objects. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) describe attributes and identify the names of coins; and

(e) explain time in days, months, years, and seasons.

(5) Mathematics geometry content standards for kindergarten are to:

(a) describe the relative positions of objects, in their environment. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) correctly name shapes regardless of their orientations or overall size;

(d) analyze and compare two- and three-dimensional shapes using informal language and other attributes;

(e) model shapes in the environment. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(f) compose simple shapes to form larger shapes.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.503 Montana Grade 1 Mathematics Content Standards

(1) Mathematics operations and algebraic thinking content standards for Grade 1 are to:

(a) use addition and subtraction within 20 to solve problems of all types. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) solve problems in context, that call for addition of three whole numbers with a sum less than or equal to 20 in context of all types. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) understand subtraction as an unknown-addend problem;

(e) relate counting to addition and subtraction;

(f) flexibly, accurately, and efficiently add and subtract within 10;

(g) use multiple strategies to add and subtract within 20;

(h) understand the meaning of the equal sign and determine if equations are true or false; and

(i) determine the unknown number in an addition or subtraction equation relating to three numbers.

(2) Mathematics number and operations in base ten content standards for Grade 1 are to:

(a) flexibly count, read, write, and represent numbers to 120;

(b) understand that ten is a unit composed of ten ones and that a two-digit number represents tens and ones;

(d) build a foundation for addition within 100 by:

(i) adding two-digit to one-digit numbers; and

(ii) adding multiples of 10 to two-digit numbers;

(e) using place value, given a two-digit number, find 10 more or 10 less than the number; and

(f) subtract multiples of 10 from a two-digit number.

(3) Mathematics measurement and data content standards for Grade 1 are to:

(a) order three objects by length and compare the lengths of two objects indirectly by using a third object. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) express the length of an object as a whole number of length units; understand that the measurement of an object is the number of same-size length units that span it with no gaps or overlaps;

(d) identify the value of coins; and

(e) organize, represent, and interpret data with up to three categories by:

(i) asking and answering questions about the total number of data points;

(ii) identifying how many are in each category; and

(iii) analyzing differences between categories.

(4) Mathematics geometry content standards for Grade 1 are to:

(a) distinguish between defining attributes versus nondefining attributes;

(b) build and draw shapes to possess defining attributes;

(d) partition circles and rectangles into two and four equal shares; describe the shares using the words: halves, fourths, and quarters.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.504 Montana Grade 2 Mathematics Content Standards

(1) Mathematics operations and algebraic thinking content standards for Grade 2 are to:

(a) use addition and subtraction within 100 to solve one- and two-step problems in context involving all problem types. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) flexibly, accurately, and efficiently add and subtract within 20 using mental strategies;

(d) use addition to find the total number of objects arranged in rectangular arrays.

(2) Mathematics number and operations in base ten content standards for Grade 2 are to:

(a) understand one hundred is a unit composed of ten tens and that three-digit numbers represent amounts of hundreds, tens, and ones;

(b) skip-count by 5s, 10s, and 100s;

(d) compare two three-digit numbers using >, =, and < symbols;

(e) flexibly, accurately, and efficiently add and subtract within 100 using multiple strategies;

(f) add up to four two-digit numbers using multiple strategies;

(g) add and subtract within 1000 using multiple strategies;

(h) using place value, add or subtract 10 or 100 from a given number; and

(i) understand and make connections between different strategies for addition and subtraction.

(3) Mathematics measurement and data content standards for Grade 2 are to:

(a) measure the length of an object by selecting and using appropriate tools;

(b) understand the relationship between unit sizes and number of units by measuring a single object using two different units of common measurement;

(d) measure to determine how much longer one object is than another, expressing the length difference in terms of a standard length unit;

(e) use addition and subtraction within 100 to solve problems in context involving lengths that are given in the same units. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(f) represent whole numbers as lengths from 0 and represent sums and differences within 100 on a number line;

(g) tell and write time from analog and digital clocks to the nearest five minutes using a.m. and p.m.;

(h) solve problems in context involving dollar bills, quarters, dimes, nickels, and pennies, using $ and ¢ symbols appropriately;

(i) generate measurement data and present the data in multiple ways. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(j) organize, represent, and interpret data with up to four categories. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(k) solve addition and subtraction problems of all types using data presented.

(4) Mathematics geometry content standards for Grade 2 are to:

(a) recognize and draw shapes having specified attributes;

(b) partition a rectangle into rows and columns of same size squares and find the total number; and

(c) partition circles and rectangles into equal shares, recognize that equal shares need not have the same shape, and express the shares in two-halves, three-thirds, and four-fourths.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.505 Montana Grade 3 Mathematics Content Standards

(1) Mathematics operations and algebraic thinking content standards for Grade 3 are to:

(a) understand products of whole numbers as the total number found by multiplying a number of groups by the number of objects per group;

(b) understand whole-number quotients of whole numbers:

(i) as the number of objects in each group with the total quantity divided equally into a number of shares; and

(ii) as the number of shares when a total number of objects is partitioned into equal-sized groups;

(c) use multiplication and division within 100 to solve problems in context in situations involving equal groups, arrays, and measurement quantities;

(d) determine the unknown whole number in a multiplication or division equation relating three whole numbers;

(e) apply the commutative property of multiplication, associative property of multiplication, and distributive property of multiplication over addition on whole numbers as strategies to multiply;

(f) use division as an unknown factor problem;

(g) flexibly, accurately, and efficiently multiply and divide within 100, using strategies such as the relationship between multiplication and division or properties of operations;

(h) solve two step problems in context using the four operations; represent these problems using equations with a letter standing for the unknown quantity; and assess the reasonableness of answers using mental computation and estimation strategies. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(i) identify arithmetic patterns and explain them using properties of operations.

(2) Mathematics number and operations in base ten content standards for Grade 3 are to:

(a) use place value understanding to round whole numbers to the nearest 10 or 100;

(b) flexibly, accurately, and efficiently add and subtract within 1000 using strategies and algorithms based on place value, properties of operations, and/or the relationship between addition and subtraction; and

(c) multiply one-digit whole numbers by multiples of 10 in the range 10-90 using strategies based on place value and properties of operations.

(3) Mathematics number and operations fractions content standards for Grade 3 are to:

(a) understand a fraction 1/b as the quantity formed by 1 part when a whole is partitioned into b equal parts and understand a fraction a/b as the quantity formed by a parts of size 1/b;

(b) understand a fraction as a number on the number line by:

(i) representing a unit fraction on a number line; and

(ii) representing a fraction as multiple copies of a unit fraction on a number line; and

(iii) representing fractions on a number line;

(i) understanding two fractions as equivalent if they are the same size or the same point on a number line;

(ii) recognizing and generating simple equivalent fractions; and by demonstrating or justifying why the fractions are equivalent;

(iii) writing whole numbers as fractions,recognizing fractions that are equivalent to whole numbers, and locating them on the number line;

(iv) comparing two fractions with the same numerator or the same denominator by reasoning about their size and recognizing that comparisons are valid only when the two fractions refer to the same whole; and

(v) recording the results of fraction comparisons with the symbols >, =, or < and justifying the conclusions.

(4) Mathematics measurement and data content standards for Grade 3 are to:

(a) tell and write time on an analog and digital clock to the nearest minute and measure time intervals in minutes and solve problems in context involving addition and subtraction of time intervals in minutes;

(b) measure and estimate liquid volumes and masses of objects using customary and metric units by adding, subtracting, multiplying, and dividing to solve one step problems in context that involve masses or volumes that are given in the same units;

(c) draw a scaled picture graph and a scaled bar graph to represent a data set with several categories; solve one- and two-step "how many more" and "how many less" problems using information presented in scaled bar graphs. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) generate measurement data by measuring lengths using rulers marked with halves and fourths of an inch and show the data by making a line plot where the horizontal scale is marked off in appropriate units;

(e) recognize area as an attribute of plane figures and understand concepts of area measurement by:

(i) understanding that a square with side length 1 unit, called "a unit square," is said to have "one square unit" of area and can be used to measure area; and

(ii) understanding that a plane figure which can be covered without gaps or overlaps by n unit squares is said to have an area of n square units;

(f) measure areas by counting unit squares;

(g) relate area to the operations of multiplication and addition by:

(i) finding the area of a rectangle with whole-number side lengths by tiling it, and showing that the area is the same as would be found by multiplying the side lengths;

(ii) multiplying side lengths to find areas of rectangles with whole-number side lengths while solving problems in context and representing whole-number products as rectangular areas;

(iii) using tiling and area models to represent the distributive property in finding area of a rectangle with whole-number side lengths a and b + c is the sum of a × b and a × c;

(iv) recognizing area as additive; finding areas of straight-line figures by decomposing them into nonoverlapping rectangles and adding the areas of the nonoverlapping parts. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(h) solve problems in context involving perimeters of polygons, including finding the perimeter given the side lengths, finding an unknown side length, and exhibiting rectangles with the same perimeter and different areas or with the same area and different perimeters.

(5) Mathematics geometry content standards for Grade 3 are to:

(a) understand that shapes in different categories may share attributes and that the shared attributes can define a larger category; recognize rhombuses, rectangles, and squares as examples of quadrilaterals; and draw examples of quadrilaterals that do not belong to any of these subcategories; and

(b) partition shapes into parts with equal areas; express the area of each part as a unit fraction of the whole.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.506 Montana Grade 4 Mathematics Content Standards

(1) Mathematics operations and algebraic thinking content standards for Grade 4 are to:

(a) interpret a multiplication equation as a multiplicative comparison, and represent verbal statements of multiplicative comparisons as multiplication equations;

(b) multiply or divide to solve problems in context that involve multiplicative comparison and multiplicative comparison from additive comparison;

(c) solve multistep problems in context with whole numbers and having whole-number answers using the four operations, including problems in which remainders must be interpreted; represent these problems using equations with a letter standing for the unknown quantity; and assess the reasonableness of answers using mental computation and estimation strategies. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) find all factor pairs for a whole number in the range 1-100; recognize that a whole number is a multiple of each of its factors; determine whether a given whole number in the range 1-1000 is a multiple of a given one-digit number; and determine whether a given whole number in the range 1-100 is prime or composite; and

(e) analyze a number or shape pattern that follows a given rule; identify and explain informally features of the pattern that were not explicit in the rule itself; generate terms in the resulting sequence and observe the pattern.

(2) Mathematics number and operations in base ten content standards for Grade 4 are to:

(a) recognize that in a multi-digit whole number, each place represents ten times the place to its right;

(b) read and write multi-digit whole numbers using standard form, word form, and expanded form and compare two multi-digit numbers based on the value of the digits in each place, using >, =, and < symbols;

(d) accurately and efficiently add and subtract multi-digit whole numbers using the standard algorithm;

(e) multiply a whole number of up to four digits by a one-digit whole number; multiply two two-digit numbers, flexibly using strategies based on place value and the properties of operations; and illustrate and explain the calculation by using equations, rectangular arrays, and/or area models; and

(f) find whole number quotients and remainders with up to four-digit dividends and one-digit divisors, flexibly using strategies based on place value, the properties of operations, and/or the relationship between multiplication and division and illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

(3) Mathematics number and operations in fractions content standards for Grade 4 are to:

(a) explain why a fraction a/b is equivalent to a fraction (n × a)/(n × b) by using visual fraction models and use this principle to recognize and generate equivalent fractions;

(b) compare two fractions with different numerators and different denominators, by creating common denominators or numerators, or by comparing to a benchmark fraction; recognize that comparisons are valid only when the two fractions refer to the same whole; record the results of comparisons with symbols >, =, or <; and justify the conclusions;

(i) understanding addition and subtraction of fractions as joining and separating parts referring to the same whole;

(ii) decomposing a fraction into a sum of fractions with the same denominator in more than one way, recording each decomposition by an equation;

(iii) adding and subtracting mixed numbers with like denominators, by replacing each mixed number with an equivalent improper fraction, or other efficient strategies; and

(iv) solving problems in context that involve addition and subtraction of fractions referring to the same whole and having like denominators. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) apply and extend previous understandings of multiplication to multiply a fraction by a whole number by:

(i) understanding a fraction a/b as a multiple of 1/b, and recording the conclusion by the equation a/b = a*(1/b);

(ii) understanding a multiple of a/b as a multiple of 1/b, using this to multiply a fraction by a whole number, and recognizing n × (a/b) = (n × a)/b; and

(iii) solving problems in context involving multiplication of a fraction by a whole number. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(e) express a fraction with denominator 10 as an equivalent fraction with denominator 100, and use this technique to add two fractions with respective denominators 10 and 100;

(f) use decimal notation for fractions with denominators 10 or 100; and

(g) compare two decimals to hundredths by reasoning about their size; recognize that comparisons are valid only when the two decimals refer to the same whole; record the results of comparisons with the symbols >, =, or <; and justify the conclusions.

(4) Mathematics measurement and data content standards for Grade 4 are to:

(a) know relative sizes of units within one system of measurement and within the system, express measurements of a larger unit in terms of a smaller unit;

(b) use the four operations to solve problems in context using distances, intervals of time, liquid volumes, masses of objects, and money, including problems with simple fractions or decimals and problems that require expressing measurements given in a larger unit in terms of a smaller unit, represent measurement quantities using diagrams that feature a measurement scale. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) make a line plot to display a data set of measurements in fractions of a unit and solve problems involving addition and subtraction of fractions by using information presented in line plots;

(e) recognize angles as geometric shapes that are formed wherever two rays share a common endpoint and understand concepts of angle measurement by:

(i) understanding that an angle is formed by two rays with a common endpoint at the center of a circle that measures a total of 360 degrees, and a single-degree unit measure is equal to 1/360th of the circle; and

(ii) understanding that an angle that turns through n one-degree angles is said to have an angle measure of n degrees;

(f) measure angles in whole-number degrees using a protractor and sketch angles of specified measure; and

(g) recognize angle measure as additive; when an angle is decomposed into nonoverlapping parts, the angle measure of the whole is the sum of the angle measurers of the parts; solve addition and subtraction problems to find unknown angles on a diagram including problems in context.

(5) Mathematics geometry content standards for Grade 4 are to:

(a) draw points, lines, line segments, rays, angles (right, acute, obtuse), and perpendicular and parallel lines and identify these in two-dimensional figures;

(b) classify two-dimensional figures based on the presence or absence of parallel or perpendicular lines or the presence or absence of angles of a specified size; recognize right triangles as a category; and identify right triangles; and

(c) recognize a line of symmetry for a two-dimensional figure as a line across the figure such that the figure can be folded along the line into matching parts, identify line-symmetric figures, and draw lines of symmetry. This standard should incorporate designs and cultural context relating to Montana Indigenous Peoples and local communities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.507 Montana Grade 5 Mathematics Content Standards

(1) Mathematics operations and algebraic thinking content standards for Grade 5 are to:

(a) use parentheses, brackets, or braces in numerical expressions and evaluate expressions with these symbols using the order of operations;

(b) write simple expressions that record calculations with numbers and interpret numerical expressions without evaluating them; and

(c) generate two numerical patterns using given rules and complete an input-output table for the data; identify apparent relationships between corresponding terms; form ordered pairs from the values in the input-output table and graph them on a coordinate plane.

(2) Mathematics number and operations in base ten content standards for Grade 5 are to:

(a) recognize that in a multi-digit number, a digit in one place represents 10 times as much as it represents in the place to its right and 1/10 of what it represents in the place to its left;

(b) explain patterns in the number of zeros of the product when multiplying a number by powers of 10; explain patterns in the placement of the decimal point when a decimal is multiplied or divided by a power of 10; and use whole-number exponents to denote powers of 10;

(i) reading and writing decimals to thousandths using standard form, word form, and expanded form; and

(ii) comparing two decimals to thousandths based on meanings of the digits in each place using >, =, and < symbols;

(d) use place value understandings to round decimals to any place;

(e) accurately and efficiently multiply multi-digit whole numbers using the standard algorithm;

(f) flexibly, accurately, and efficiently find whole-number quotients of whole numbers with up to four-digit dividends and two-digit divisors using strategies based on place value, the properties of operations, and/or the relationship between multiplication and division and illustrate and explain the calculation by using equations, rectangular arrays, and/or area models; and

(g) add, subtract, multiply, and divide decimals to hundredths using concrete models or drawings. This standard should incorporate designs and cultural context relating to Montana Indigenous Peoples and local communities.

(3) Mathematics number and operations – fractions content standards for Grade 5 are to:

(a) add and subtract fractions with unlike denominators (including mixed numbers) by replacing given fractions with equivalent fractions;

(b) solve problems in context that involve addition and subtraction of fractions referring to the same whole, including cases of unlike denominators, and use benchmark fractions and number sense of fractions to estimate mentally and assess the reasonableness of answers;

(c) interpret a fraction as division of the numerator by the denominator (a/b = a ÷ b) and solve problems in context that involve division of whole numbers leading to answers in the form of fractions or mixed numbers;

(d) apply and extend previous understandings of multiplication to multiply a fraction or whole number by a fraction by:

(i) expressing the product (a/b) × q as “a” parts of a partition of q into b equal parts; equivalently, as the result of a sequence of operations a × q ÷ b; and

(ii) finding the area of a rectangle with fractional side lengths by tiling it with unit squares of the appropriate unit fraction side lengths; showing that the area is the same as would be found by multiplying the side lengths; multiplying fractional side lengths to find areas of rectangles; and representing fraction products as rectangular areas;

(e) interpret multiplication as scaling (resizing), by:

(i) comparing the size of a product to the size of one factor on the basis of the size of the other factor without performing the indicated multiplication; and

(ii) explaining why multiplying a given number by a fraction greater than 1 results in a product greater than the given number; explaining why multiplying a given number by a fraction less than 1 results in a product smaller than the given number; and relating the principle of fraction equivalence a/b = (n × a)/(n × b) to the effect of multiplying a/b by 1;

(f) solve problems in context that involve multiplication of fractions and mixed numbers. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(g) apply and extend previous understandings of division to divide unit fractions by whole numbers and whole numbers by unit fractions by:

(i) expressing division of a unit fraction by a nonzero whole number and compute such quotients;

(ii) expressing division of a whole number by a unit fraction and compute such quotients; and

(iii) solving problems in context involving division of unit fractions by nonzero whole numbers and division of whole numbers by unit fractions. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(4) Mathematics measurement and data content standards for Grade 5 are to:

(a) convert among different-sized standard measurement units within a given measurement system and use these conversions in solving multi-step problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) make a line plot to display a data set of measurements in fractions of a unit and use operations on fractions to solve problems involving information presented in line plots;

(i) understanding that a cube with side length 1 unit, called a "unit cube," is said to have "one cubic unit" of volume and can be used to measure volume; and

(ii) understanding that a solid figure which can be packed without gaps or overlaps using n unit cubes is said to have a volume of n cubic units;

(d) measure volumes by counting unit cubes, using cubic cm, cubic in, cubic ft, and non-standard units;

(e) relate volume to the operations of multiplication and addition and volume problems including problems in context by:

(i) finding the volume of a right rectangular prism with whole-number side lengths by packing it with unit cubes and showing that the volume is the same as would be found by multiplying the edge lengths, equivalently by multiplying the height by the area of the base and representing the product of three whole numbers using the associative property of multiplication;

(ii) applying the formulas V = l × w × h and V = B × h for rectangular prisms to find volumes of right rectangular prisms with whole-number edge lengths, including problems in context; and

(iii) recognizing volume as additive and finding volumes of solid figures composed of two nonoverlapping right rectangular prisms by adding the volumes of the nonoverlapping parts, applying this technique to solve problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(5) Mathematics geometry content standards for Grade 5 are to:

(a) use a pair of perpendicular number lines, called axes, to define a coordinate system with the intersection of the lines at the origin arranged to coincide with the 0 on each line and a given point in the plane located by using an ordered pair of numbers, called its coordinates; understand that the x-coordinate, the first number, indicates how far to travel from the origin in the direction of the x-axis and the y-coordinate, the second number, indicates how far to travel in the direction of the y-axis;

(b) represent problems including problems in context by graphing points in the first quadrant of the coordinate plane and interpret coordinate values of points in the context of the situation. This standard should incorporate designs and cultural context relating to Montana Indigenous Peoples and local communities;

(c) understand that attributes belonging to a category of two-dimensional figures also belong to all subcategories of that category; and

(d) classify two-dimensional figures in a hierarchy based on properties.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.508 Montana Grade 6 Mathematics Content Standards

(1) Mathematics ratios and proportional relationship content standards for Grade 6 are to:

(a) understand the concept of a ratio and use ratio language to describe a ratio relationship between two quantities;

(b) understand the concept of a unit rate a/b associated with a ratio a:b with b ≠ 0, and use rate language in the context of a ratio relationship; and

(c) use ratio and rate reasoning to solve proportional problems in context about unit rates, percentages (as a rate per 100), and/or measurement units using tables or equations. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(2) Mathematics number system content standards for Grade 6 are to:

(a) represent, interpret, and compute quotients of fractions and solve problems in context involving division of fractions by fractions;

(b) accurately and efficiently divide multi-digit numbers using the standard algorithm;

(c) accurately and efficiently add, subtract, multiply, and divide multi-digit decimals using the standard algorithm for each operation;

(d) find the greatest common factor of two whole numbers less than or equal to 100 and the least common multiple of two whole numbers less than or equal to 12; use the distributive property to express a sum of two whole numbers 1-100 with a common factor as a multiple of a sum of two whole numbers with no common factor;

(e) understand that positive and negative numbers are used together to describe quantities having opposite directions or values and use positive and negative numbers to represent quantities in problems in context, explaining the meaning of 0 in each situation;

(f) understand a rational number as a point on the number line and extend number line diagrams and coordinate axes by:

(i) recognizing opposite signs of numbers as indicating locations on opposite sides of 0 on the number line; recognizing that the opposite of the opposite of a number is the number itself, and that 0 is its own opposite;

(ii) understanding signs of numbers in ordered pairs as indicating locations in quadrants of the coordinate plane and recognizing that when two ordered pairs differ only by signs, the locations of the points are related by reflections across one or both axes; and

(iii) finding and positioning integers and other rational numbers on a horizontal or vertical number line diagram and finding and positioning pairs of integers and other rational numbers on a coordinate plane;

(g) understand ordering and absolute value of rational numbers by:

(i) interpreting statements of inequality as statements about the relative position of two numbers on a number line diagram;

(ii) writing, interpreting, and explaining statements of order for rational numbers in problems in context;

(iii) understanding the absolute value of a rational number as its distance from 0 on the number line and interpreting absolute value as magnitude for a positive or negative quantity in problems in context; and

(iv) distinguishing comparisons of absolute value from statements about order;

(h) graph points in all four quadrants of the coordinate plane and include the use of coordinates and absolute value to find distances between points with the same first coordinate or the same second coordinate. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(3) Mathematics expressions and equations content standards for Grade 6 are to:

(a) write and evaluate numerical expressions involving whole-number bases and exponents;

(b) write, read, and evaluate expressions with variables by:

(i) writing expressions that record operations with numbers and with variables;

(ii) identifying parts of an expression using mathematical terms (sum, product, difference, quotient, term, factor, coefficient, variable) and writing expressions that represent verbal descriptions of problems in context; and

(iii) evaluating expressions at specific values of their variables including expressions that arise from formulas, performing arithmetic operations, including those involving whole-number exponents, and using the order of operations;

(c) apply the properties of operations including the distributive property, to generate equivalent expressions and determine when two expressions are equivalent;

(d) understand how to solve an equation or inequality as a process by using substitution to determine whether a given number in a specified set makes an equation or inequality true;

(e) write expressions when solving problems in context and understand that a variable can represent an unknown number, or any number in a specified set;

(f) solve problems including problems in context by writing and solving equations of the form x + p = q and px = q for cases in which p, q, and x are all nonnegative rational numbers;

(g) write an inequality of the form x > c or x < c to represent a constraint or condition in problems including problems in context; graph and describe solutions of such inequalities on number line diagrams; and

(h) use variables to represent two quantities that change in relationship to one another analyze the relationship between the dependent and independent variables using graphs and tables, and write an equation to express one quantity in terms of the other; this standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(4) Mathematics geometry content standards for Grade 6 are to:

(a) find the area of triangles, quadrilaterals, and other polygons by composing them into rectangles or decomposing them into triangles and other shapes. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) find the volume of a right rectangular prism with fractional edge lengths by filling it with unit cubes of the appropriate unit fraction edge lengths and connect and apply the formulas V = l w h and V = B h to find volumes of right rectangular prisms with fractional edge lengths to solve problems in context;

(c) draw polygons in the coordinate plane given coordinates for the vertices, find the length of a horizontal or vertical side and apply these techniques to problems in context; and

(d) represent three-dimensional figures using nets made up of rectangles and triangles and use the nets to find the surface area of these figures in problems including problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(5) Mathematics statistics and probability content standards for Grade 6 are to:

(a) recognize a statistical question as one that anticipates variability in the data related to the question and accounts for it in the answers;

(b) understand that a set of data collected to answer a statistical question has a distribution that can be described by its center, spread, and overall shape. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(c) recognize that measures of central tendency for a numerical data set summarizes all of its values with a single number, while a measure of variation describes how its values vary with a single number;

(d) display numerical data in plots on a number line, including dot plots, histograms, and box plots and describe any overall pattern and any striking deviations from the overall pattern with reference to the context which the data were gathered; and

(e) characterize numerical data sets from a sample in relation to their context, such as by:

(i) reporting the number of observations;

(ii) describing the nature of the attribute under investigation, including how it was measured and its units of measurement; and

(iii) finding quantitative measures of central tendency (mode, median, and/or mean) and variability (interquartile range and/or mean absolute deviation), for numerical data sets and relating the choice of measures of central tendency and variability to the shape of the data distribution and the context in which the data were gathered.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.509 Montana Grade 7 Mathematics Content Standards

(1) Mathematics ratios and proportional relationship content standards for Grade 7 are to:

(a) compute unit rates associated with ratios of fractions, measured in like or different units;

(b) recognize and represent proportional relationships between quantities, using tables, graphs, and equations by:

(i) deciding whether a table represents quantities in a proportional relationship, by testing for equivalent ratios and deciding whether a graph represents quantities in a proportional relationship if the graph is a straight line through the origin; and

(ii) identifying the constant of proportionality (unit rate) in tables, graphs, and equations, of proportional relationships;

(c) use proportional relationships to solve multi-step ratio and percent problems, including problems in context that involve simple interest, tax, markups and markdowns, gratuities and commissions, fees, and percent increase and decrease, percent error. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(2) Mathematics number system content standards for Grade 7 are to:

(a) add and subtract rational numbers, represent addition and subtraction on a horizontal or vertical number line diagram, and understand subtraction as adding the additive inverse p – q = p + (-q);

(b) multiply and divide rational numbers and use operations of rational numbers to solve problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(c) write any rational number as a fraction, decimal, and percent using long division and know that the decimal form of a rational number terminates or repeats.

(3) Mathematics expressions and equations content standards for Grade 7 are to:

(a) use properties of operations to add, subtract, factor, and expand linear expressions with rational coefficients and generate equivalent expressions;

(b) understand that rewriting an expression in different forms in a problem in context can show how the quantities in it are related;

(c) write and solve one- and two-step equations including problems in context with rational numbers, convert between forms as appropriate, and assess the reasonableness of answers; and

(d) use variables to represent quantities and construct simple equations and inequalities to solve problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) solving, accurately and efficiently, problems in context leading to equations of the form px + q = r and p(x + q) = r, where p, q, and r are specific rational numbers, comparing an algebraic solution to an arithmetic solution, and identifying the sequence of the operations used in each approach; and

(ii) solving problems in context leading to inequalities of the form px + q > r or px + q < r, where p, q, and r are specific rational numbers, graphing the solution set of the inequality, and interpreting the solution in context.

(4) Mathematics geometry content standards for Grade 7 are to:

(a) solve problems involving scale drawings of geometric figures, including computing actual lengths and areas from a scale drawing and reproducing a scale drawing at a different scale;

(b) draw (freehand, with ruler and protractor, and with technology) geometric shapes with given conditions; focus on constructing triangles from three measures of angles or sides, noticing when the conditions determine a unique triangle, more than one triangle, or no triangle;

(c) know and use the formulas for the area and circumference of a circle and give an informal derivation of the relationship between the circumference and area of a circle. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) use facts about supplementary, complementary, vertical, and adjacent angles in a multi-step problem to write and solve simple equations for an unknown angle in a figure; and

(e) solve geometrical problems including problems in context that involve area, volume, and surface area of two- and three-dimensional objects composed of triangles, quadrilaterals, polygons, cubes, and right prisms. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(5) Mathematics statistics and probability content standards for Grade 7 are to:

(a) understand statistics can be used to gain information about a population by examining a representative sample of the population;

(b) use data, from a random sample to draw inferences about a population with an unknown characteristic of interest and generate or simulate multiple samples of the same size to gauge the variation in estimates or predictions. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) use measures of central tendency and measures of variability for numerical data from random samples to draw comparative inferences about two populations;

(e) understand that the probability of a chance event is a number between 0 and 1 that expresses the likelihood of the event occurring;

(f) find the experimental probability of a chance event by collecting data on the chance process that produces it and observing its long-run relative frequency. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(g) develop a theoretical probability model and use it to find probabilities of events, compare theoretical and experimental probabilities, and explain possible sources of discrepancy, if any exist; and

(h) represent sample spaces for compound events, identify the desired outcomes in the sample spaces, and find probabilities of events using organized lists, tables, tree diagrams, and simulations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.510 Montana Grade 8 Mathematics Content Standards

(1) Mathematics number system content standards for Grade 8 are to:

(a) know real numbers are made up of rational and irrational numbers, understand informally that every number has a decimal expansion and convert a decimal expansion which repeats eventually into a rational number; and

(b) use rational approximations of irrational numbers to compare the value of irrational numbers, locate them approximately on a number line diagram, and estimate the value of expressions.

(2) Mathematics expressions and equations content standards for Grade 8 are to:

(a) know and apply the properties of integer exponents to generate equivalent numerical expressions;

(b) use square root and cube root symbols to represent solutions to equations of the form x 2 = p and x 3 = p, where p is a positive rational number; evaluate square roots of small perfect squares and cube roots of small perfect cubes;

(c) represent very large or very small quantities, using scientific notation, limited to a single digit times an integer power of ten;

(d) perform operations with numbers expressed in scientific notation;

(e) graph proportional relationships, interpreting the unit rate as the slope of the graph and compare two different proportional relationships as tables, graphs, and equations;

(f) use similar triangles to explain why the slope m is the same between any two distinct points on a nonvertical line in the coordinate plane and derive the equation y = mx for a line through the origin and the equation y = mx + b for a line intercepting the vertical axis at b;

(g) solve linear equations in one variable by:

(i) giving examples of linear equations in one variable with one solution, infinitely many solutions, or no solutions and showing which of these possibilities is the case by successively transforming the given equation into simpler forms, until an equivalent equation of the form x = a, a = a, or a = b results (where a and b are different numbers); and

(ii) solving linear equations with rational number coefficients, including equations whose solutions require expanding expressions using the distributive property and collecting like terms; and

(h) analyze and solve pairs of simultaneous linear equations by:

(i) understanding that solutions to a system of two linear equations in two variables correspond to points of intersection of their graphs, because points of intersection satisfy both equations simultaneously;

(ii) solving systems of two linear equations in two variables algebraically, estimating solutions by graphing the equations, and solving simple cases by inspection; and

(iii) solving problems in context that lead to two linear equations in two variables. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

(3) Mathematics functions content standards for Grade 8 are to:

(a) understand that a function is a rule that assigns to each input exactly one output and the graph of a function is the set of ordered pairs (x,y) each consisting of an input, x, and the corresponding output, y;

(b) compare properties of two functions using tables, graphs, and equations;

(c) interpret the equation y = mx + b as defining a linear function whose graph is a straight line with slope m passing through the point (0, b);

(d) given linear data relating two quantities, construct a linear function that models the data; and interpret the rate of change and initial value of a linear function in terms of the situation it models; and

(e) given the graph of a function, describe qualitatively the functional relationship between quantities and given a verbal description of a functional relationship, sketch a graph that exhibits the qualitative features of a function.

(4) Mathematics geometry content standards for Grade 8 are to:

(a) verify experimentally the properties of rotations, reflections, and translations and understand that these are rigid transformations, lines are taken to lines, line segments to line segments of the same length, angles are taken to angles of the same measure, and parallel lines are taken to parallel lines. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(b) understand that a two-dimensional figure is congruent to another if the second can be obtained by a sequence of rigid transformations and given two congruent figures, describe a sequence that exhibits the congruence between them;

(c) describe the effect of dilations, translations, rotations, and reflections on two-dimensional figures using coordinates. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) understand that a two-dimensional figure is similar to another if the second can be obtained from the first by a sequence of rotations, reflections, translations, and dilations and given two similar two-dimensional figures, describe a sequence that exhibits the similarity between them;

(e) use informal arguments to establish facts about the angle sum and exterior angle of triangles, about the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles;

(f) explain a proof of the Pythagorean Theorem and its converse;

(g) apply the Pythagorean Theorem to determine unknown side lengths in right triangle problems, including problems in context in two and three dimensions. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(h) apply the Pythagorean Theorem to find the distance between two points in a coordinate system; and

(i) know, use, and apply the formulas for the volumes of cones, cylinders, and spheres to solve problems, including problems in context.

(5) Mathematics statistics and probability content standards for Grade 8 are to:

(a) construct and interpret scatter plots for bivariate measurement data to investigate patterns of association between two quantities and describe patterns such as clustering, outliers, positive or negative association, linear association, and nonlinear association;

(b) know that straight lines are widely used to model relationships between two quantitative variables and for scatter plots that suggest a linear association, informally fit a straight line and informally assess the model fit by judging the closeness of the data points to the line;

(c) use the equation of a linear model to solve problems in the context of bivariate measurement data and interpret the slope and intercept;

(d) construct and interpret frequencies and relative frequencies for bivariate categorical data in a two-way table to investigate patterns of association. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.511 Definitions

(1) The Montana High School Math Standards are broken into two groups, Core and Core Plus. Together these standards cover all essential concepts for high school. These terms are defined in the following manner:

(a) Core standards: foundational standards that all Montana students should know, understand, and be able to do upon graduation of high school; and

(b) Core Plus: additional standards that all Montana students can pursue to prepare for postsecondary education and careers.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2011 MAR p. 2522, Eff. 11/26/11; AMD, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.518 Core Numeric Reasoning Standards

(1) The real number system content standards for high school are to:

(a) use reasoning to establish properties of integer exponents, including scientific notation;

(b) represent and perform operations within very large and very small numbers using scientific notation; and

(c) define, manipulate, interpret, and compare real numbers presented through different representations, including both rational and irrational numbers and apply comparisons in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.519 Core Algebraic and Functional Reasoning Standards

(1) The functions content standards for high school are to:

(a) interpret parts of an expression, such as terms, factors, and coefficients;

(b) understand the definition of a function and distinguish between functions and relations;

(c) represent functions using tables, graphs with appropriate scales and labels, equations, and verbal situations, while using technology strategically, by:

(i) understanding that different representations highlight different aspects of functions, and choosing the representation that is appropriate for the context; and

(ii) comparing properties of two functions, including when each is represented in a different way;

(d) use function notation, evaluate functions, and interpret statements that use function notation in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(e) identify the domain and range of a function, including considering the constraints imposed by context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(f) understand that a graph of an equation in two variables is the set of all of its solutions plotted in a coordinate plane;

(g) understand that expressions can be rewritten in equivalent forms to make different characteristics or features visible; and

(h) rearrange literal equations to highlight quantities of interest.

(2) The linear functions content standards for high school are to:

(a) understand that linear functions have a constant rate of change;

(b) understand slope as a rate of change and y-intercept as initial value;

(c) represent linear functions using tables, graphs, equations, and verbal situations, while using technology strategically. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) identifying the rate of change and initial value in each representation;

(ii) converting between representations; and

(iii) writing equations for a line perpendicular or parallel to a given line that passes through a given point;

(d) understand that linear equations can be represented in multiple forms and the specific features of each form by:

(i) choosing the form strategically when writing an equation based on given information and intended use;

(ii) converting between slope-intercept, point-slope, and standard form symbolically;

(iii) understanding the relationship between slope-intercept form, the rate of change, and the initial value;

(iv) understanding the relationship between point-slope form, the rate of change, and a given point; and

(v) understanding the relationship between standard form and the x- and y-intercepts;

(e) understand that a solution to a system of equations is a coordinate pair that makes both equations true; and

(f) solve systems of linear equations by graphing, substitution, and elimination, including systems with zero, one, or infinite solutions, while using technology and representations strategically.

(3) The quadratic functions and expressions content standards for high school are to:

(a) understand that quadratic functions do not have a constant rate of change but have a constant second difference over equal intervals and identify the constant second difference in tables;

(b) represent quadratic functions using tables, graphs, equations, and verbal situations, while using technology strategically. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(c) understand that quadratic expressions can be represented in multiple forms and the specific features of each form by:

(i) choosing the form strategically when writing an expression based on given information and intended use;

(ii) converting between factored, standard, and vertex form symbolically and using representations;

(iii) understanding the relationship between factored form and the zeros of the function; and

(iv) understanding the relationship between vertex form and the vertex of the function;

(d) solve quadratic equations by factoring, graphing, completing the square, using inverse operations, and the quadratic formula; use technology and representations strategically.

(4) The exponential functions and expressions content standards for high school are to:

(a) understand that exponential functions have a constant common ratio over equal intervals, and identify the common ratio in tables and equations;

(b) understand a as the initial value and b as the growth/decay factor for an exponential function written in standard form, y=a*b^x;

(d) represent exponential functions using tables, graphs, equations, and verbal situations; using technology strategically. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(e) solve exponential equations graphically, while using technology strategically.

(5) The modeling with functions content standards for high school are to:

(a) model situations in context, with linear, quadratic, and exponential functions. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) determining if a set of data is best modeled by a linear function, quadratic function, exponential function, or none, and explaining why; and

(ii) understanding that there are contexts where solutions may not lie on the curve;

(b) interpret the coefficients in a linear, quadratic, and exponential model in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(c) choose and interpret measurement units in formulas, graphs, and data displays to understand problems and to guide problem-solving in modeling situations. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities; and

(d) choose a level of accuracy appropriate to limitations on measurement when reporting quantities in modeling situations. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.520 Core Data Reasoning and Probability Standards

(1) The quantitative literacy content standards for high school are to:

(a) distinguish between quantitative and categorical data and use representations and analysis techniques that are appropriate for each type;

(b) ask a statistical question to determine whether there appears to be an association between two variables, design and carry out an investigation, and write a persuasive argument based on the results of the investigation; and

(2) The visualizing, summarizing, and interpreting data content standards for high school are to:

(a) use technology to organize data, including very large data sets, into a useful and manageable structure;

(b) represent the distribution of univariate quantitative data with plots on the real number line, choosing a format most appropriate to the data set, and representing the distribution of bivariate quantitative data with a scatter plot;

(c) understand that standard deviation measures the variability of a data distribution, and calculate standard deviation using technology;

(d) interpret differences in the shape, center, and spread of quantitative data distributions, in context, accounting for possible effects of outliers on measures of central tendency and variability;

(e) compare and contrast two or more quantitative data distributions, using shape, center, and spread in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(f) analyze the relationship between two quantitative data distributions in context that have a linear association. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) using technology strategically, represent two quantitative data distributions on scatter plots;

(ii) describing verbally how the variables are related;

(iii) using technology to find the least-squares regression line (line of best) fit for two quantitative variables;

(iv) understanding that the line of best fit minimizes the square of the residuals; and

(v) understanding correlation as a measure of linear association and using technology, compute the correlation coefficient of a linear relationship;

(g) analyze the relationship between two categorical variables in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) summarizing categorical data for two categories in two-way frequency tables and visual representations;

(ii) interpreting relative frequencies for categorical data in context; and

(iii) identifying possible associations and trends in categorical data.

(3) The probability content standards for high school are to:

(a) understand the concept of a sample space and describe events as subsets of a sample space; and

(b) understand the concepts of conditional probability and independence in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) determining whether two events, A and B, are independent by using two-way tables, tree diagrams, and/or Venn diagrams, and interpreting the answer in context; and

(ii) computing the conditional probability of event A given event B by using two-way tables, tree diagrams, and/or Venn diagrams, and interpreting the answer in context.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.521 Core Geometric Reasoning Standards

(1) The transformations content standards for high school are to:

(a) represent transformations in the plane using a variety of methods;

(b) define the congruence of two and show that two figures are congruent by finding a sequence of rigid motions that maps one figure to the other by:

(i) using the definition of congruence in terms of rigid motions to show that two triangles are congruent if, and only if, corresponding pairs of sides and corresponding pairs of angles are congruent; and

(ii) verifying that two triangles are congruent if, but not only if, the following groups of corresponding parts are congruent: angle-side-angle (ASA), side-angle-side (SAS), and side-side-side (SSS);

(i) verifying that two triangles are similar if, and only if, corresponding pairs of sides are proportional and corresponding pairs of angles are congruent; and

(ii) using the properties of similarity transformations to establish the angle-angle (AA) criterion for two triangles to be similar.

(2) The geometric arguments, reasoning, and proof content standards for high school are to:

(a) investigate, conjecture, prove theorems, and communicate the proofs in a variety of ways by:

(i) proving theorems about lines and angles; theorems include: vertical angles are congruent; when a transversal crosses parallel lines alternate interior angles are congruent and corresponding angles are congruent; and the points on the perpendicular bisector of a line segment are those equidistant from the segment's endpoints;

(ii) proving theorems about triangles; theorems include: the sum of the measures of the interior angles of a triangle is 180˚; the Pythagorean Theorem; the base angles of isosceles triangles are congruent; and a line parallel to one side of a triangle divides the other two sides proportionally;

(iii) proving theorems about parallelograms and other quadrilaterals; theorems include: necessary and sufficient conditions for rectangles, parallelograms, rhombi, and kites; and

(iv) proving theorems about circles; theorems include: the relationship between central, inscribed, and circumscribed angles; inscribed angles on a diameter are right angles; and the radius of a circle is perpendicular to the tangent where the radius intersects the circle.

(3) The measurement, problem solving, and geometric modeling content standards for high school are to:

(a) use the Pythagorean Theorem to calculate distance in the coordinate plane;

(b) derive the equation of a circle of a given center and radius using the Pythagorean Theorem;

(i) deriving and applying the trigonometric ratios in special right triangles; and

(ii) using trigonometric ratios and the Pythagorean Theorem to solve right triangles;

(d) use geometric shapes, their measures, and their properties to model objects and use those models to solve problems in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) modeling and solving problems with 2D shapes by using the perimeter and area of polygons, circles, and composite shapes with portions removed;

(ii) modeling and solving problems with 3D solids by using surface area and volume of solids, including composite solids and solids with portions removed; and

(iii) deriving and applying the relationships between the lengths, perimeters, areas, and volumes of similar figures in relation to their scale factor.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.522 Core Plus Number and Quantity Standards

(1) The numeric reasoning content standards for high school are to:

(a) extend the properties of exponents to rational exponents, including converting between exponential and radical form; and

(b) understand there is a complex number i such that i² = -1, and every complex number has the form a + bi with a and b as real numbers by:

(i) adding, subtracting, multiplying, and dividing complex numbers; and

(ii) finding the conjugate of a complex number.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.523 Core Plus Algebraic and Functional Reasoning Standards

(1) The functions, expressions, and inequalities content standards for high school are to:

(a) identify the effect on the graph of replacing f(x) by f(x) + k, k f(x), f(k x), and f(x + k) for specific values of k (both positive and negative); and

(b) understand the relationship between a function and its inverse.

(2) The polynomial functions content standards for high school are to:

(a) understand polynomials are created by multiplying linear factors;

(b) understand that polynomial expressions can be represented in both factored and standard form, and the specific features of each form by:

(i) choosing the form strategically based on given information and intended use when writing an expression;

(ii) converting between factored and standard form symbolically and using representations (e.g., area model); and

(iii) interpreting the relationship between the factored form of the expression and the zeros of the function;

(c) graph polynomial functions with and without the use of technology, by identifying zeros, relative maxima and minima, and end behavior; and

(d) solve quadratic equations that have complex solutions, and understand why the solutions form a conjugate pair.

(3) The exponential and logarithmic functions content standards for high school are to:

(a) understand logarithmic functions as the inverse of exponential functions;

(b) understand why e is defined as the natural base;

(i) expressing exponential functions in the form f(x)=ab^{x and f(x)=Pe}(rt); and

(ii) expressing logarithmic functions in base 10 and base e;

(d) graph logarithmic and exponential functions with and without the use of technology by identifying intercepts, asymptotes, and end behavior; and

(e) solve exponential and logarithmic equations using inverse operations with and without the use of technology.

(4) The trigonometric functions content standards for high school are to:

(a) understand how the unit circle in the coordinate plane enables the extension of trigonometric functions to all real numbers by:

(i) defining the sine and cosine functions in terms of the unit circle; and

(ii) defining the tangent, cotangent, secant, and cosecant functions in terms of sine and cosine;

(b) understand and use the radian measure of an angle, and convert between degree and radian measures;

(i) graphing sine and cosine functions, identifying period, midline, and amplitude; and

(ii) graphing tangent functions, identifying period and asymptotes;

(d) solve trigonometric equations with and without the use of technology; and

(e) apply the Law of Sines and the Law of Cosines to find unknown measurements in non-right triangles.

(5) The modeling content standards for high school are to:

(a) model situations in context with polynomial, exponential, logarithmic, and trigonometric functions. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities by:

(i) determining if a set of data is best modeled by a polynomial, exponential, logarithmic, or trigonometric function or none, and explaining why; and

(ii) understanding that there are contexts where solutions may not lie on the curve;

(b) interpret the coefficients in a polynomial, exponential, logarithmic, and trigonometric model in context. This standard should incorporate cultural context relating to Montana Indigenous Peoples and local communities;

(d) choose a level of accuracy appropriate to limitations on measurement when reporting quantities in modeling situations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Mont. Admin. R. 10.53.524 Core Plus Data and Reasoning Standards

(1) The normal distribution content standards for high school are to:

(a) determine if a data set is normally distributed;

(b) use technology to find the mean and standard deviation of a normally distributed data set and apply the empirical rule to estimate population percentages; and

(c) estimate areas under a normal curve to solve problems in context, using calculators, spreadsheets, and tables as appropriate.

(2) The experimental design content standards for high school are to:

(a) describe the purposes of and differences among sample surveys, experiments, and observational studies and explain how randomization relates to each;

(b) describe differences between randomly selecting samples and randomly assigning subjects to experimental treatment groups in terms of inferences drawn regarding a population versus regarding cause and effect by:

(i) explaining the consequences, due to uncontrolled variables, of non-randomized assignment of subjects to groups in experiments; and

(ii) evaluating where bias, including sampling, response, or nonresponse bias, may occur in surveys, and whether results are representative of the population of interest;

(c) evaluate the effect of sample size on the expected variability in the sampling distribution of a sample statistic by:

(i) simulating a sampling distribution of sample means from a population with a known distribution, observing the effect of the sample size on the variability; and

(ii) demonstrating that the standard deviation of each simulated sampling distribution is the known standard deviation of the population divided by the square root of the sample size.

(3) The statistical inference using simulation content standards for high school are to:

(a) distinguish between a statistic and a parameter and use statistical processes to make inferences about population parameters based on statistics from random samples from that population;

(b) estimate a population parameter from a representative sample by:

(i) understanding why the sample statistic is the best estimate for the associated population parameter;

(ii) understanding that sampling variability introduces uncertainty in the estimate, and account for the uncertainty with a confidence interval by:

(A) using resampling with replacement from an observed sample to produce a sampling distribution;

(B) verifying that a sampling distribution is centered at the population mean and approximately normal if the sample size is large enough;

(C) verifying that 95% of sample means are within two standard deviations of the sampling distribution from the population mean; and

(D) creating and interpreting a 95% confidence interval based on an observed mean from a sampling distribution;

(i) interpreting the difference or ratio between the group means as the observed effect between the groups; and

(ii) understanding that an observed effect may be due to randomization and using a randomization test (repeatedly reshuffling the observed data into new groups) to determine the probability that an observed effect is due to randomization alone.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, Notice No. 10-53-141, Eff. 7/1/26.

Subchapter 10.53.6 Arts Content Standards

Mont. Admin. R. 10.53.601 Arts Content Standards

(1) The content areas covered by the arts standards include:

(a) visual arts;

(b) media arts;

(d) music; and

(e) dance.

(2) When a district incorporates or integrates arts content into district curriculum or offers an elective course in the arts, the following content standards apply.

(3) At each grade level a student will be able to:

(a) generate and conceptualize artistic ideas and work;

(b) organize and develop artistic ideas and work;

(d) select, analyze, and interpret artistic work for presentation;

(e) develop and refine artistic techniques and work for presentation;

(f) convey meaning through the presentation of artistic work;

(g) perceive and analyze artistic work;

(h) construct meaningful interpretations of artistic works;

(i) apply criteria to evaluate artistic work;

(j) synthesize and relate knowledge and personal experiences to create art; and

(k) relate artistic ideas and works with societal, cultural, and historical context to deepen understanding, including traditional and contemporary artistic ideas and works by American Indians.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.602 Arts Content Standards for Kindergarten

(1) The media arts content standards for kindergarten are that each student will:

(a) explore ideas for media artworks using play and experimentation;

(b) explore ideas to form models for media arts productions;

(d) choose varied art forms and other content in media artwork;

(e) identify skills and roles used to create media arts presentations;

(f) share reactions to the presentation of media artworks;

(g) recognize messages in media artworks;

(h) identify a variety of media artworks;

(i) identify qualities and possible changes in media artworks;

(j) use personal experiences and choices in making media artworks; and

(k) share ideas relating media artworks to everyday life.

(2) The visual arts content standards for kindergarten are that each student will:

(a) engage in creative play with art materials;

(b) create artworks or designs that represent natural and constructed objects;

(d) choose art objects for a personal portfolio and display;

(e) explain the purpose of a portfolio or collection;

(f) explain the purpose of an art museum;

(g) identify uses of artwork within one's personal environment;

(h) identify subject matter and details in artworks;

(i) explain reasons for selecting a preferred artwork;

(j) create art that tells a story about a personal experience; and

(k) identify a purpose of an artwork.

(3) The theatre arts content standards for kindergarten are that each student will:

(a) identify ways in which movement may be used to create or retell a story;

(b) express original ideas in guided creative drama;

(d) use facial expressions to communicate character and emotions in guided creative drama;

(e) identify various design elements in guided creative drama;

(f) use voice and sound in guided creative drama;

(g) describe a response to characters in guided creative drama;

(h) describe a setting in creative drama;

(i) identify design elements in guided creative drama;

(j) identify similarities between characters and oneself in guided creative drama; and

(k) identify similarities and differences in stories from multiple cultures.

(4) The music content standards for kindergarten are that each student will:

(a) explore and experience musical concepts;

(b) demonstrate a musical idea;

(d) identify expressive qualities in musical selections;

(e) rehearse to improve performances;

(f) perform music with expression;

(g) discuss preferences in musical selections;

(h) discuss expressive qualities of music;

(i) identify preferences in evaluating music;

(j) identify emotions when experiencing music; and

(k) identify connections between music, arts, and daily life in a variety of contexts.

(5) The dance content standards for kindergarten are that each student will:

(a) respond in movement to a variety of sounds;

(b) explore dances with beginning, middle, and end;

(d) explore different movement qualities;

(e) coordinate dance movements with other dancers;

(f) identify production elements of a dance for and with others;

(g) identify a movement that repeats in a dance;

(h) observe movement and describe it;

(i) identify criteria to describe movement in dance;

(j) identify an emotion expressed in a dance; and

(k) replicate movement in dances.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.603 Arts Content Standards for First Grade

(1) The media arts content standards for first grade are that each student will:

(a) express ideas for media artworks through traditional and nontraditional media;

(b) express ideas to form plans and models for media arts productions and products;

(d) combine art forms and media content to form media artworks;

(e) demonstrate skills and roles in media arts presentations;

(f) discuss the presentation of media artworks and identify reactions;

(g) identify components and messages in media artworks;

(h) describe the meanings of a variety of media artworks;

(i) identify qualities of media artworks considering audience;

(j) use personal experiences, interests, and models in creating media artworks; and

(k) discuss uses of media artworks in everyday life.

(2) The visual arts content standards for first grade are that each student will:

(a) engage and collaborate in creative investigation of art materials;

(b) create artwork that identifies uses of everyday objects;

(d) explain why objects, artifacts, and artwork are valued differently by different audiences;

(e) identify how artwork should be prepared for a presentation;

(f) identify the roles and responsibilities of people who visit and work in museums;

(g) select and describe artworks that illustrate daily life comparing different images that represent the same subject;

(h) describe characteristics of artworks;

(i) classify artwork based on reasons for preferences;

(j) identify reasons to create art outside of school; and

(k) describe the reasons that people from different places and times create artwork.

(3) The theatre arts content standards for first grade are that each student will:

(a) identify ways in which gestures and movement may be used to create or retell a story;

(b) contribute to the development of a sequential plot in guided creative drama;

(d) use body, face, gesture, and voice to communicate character and emotions in guided creative drama;

(e) experiment with design elements in creative drama;

(f) use movement and gesture to communicate emotions in guided creative drama;

(g) discuss an emotional response to guided creative drama;

(h) discuss how setting can influence character actions in creative drama;

(i) describe design elements in guided creative drama;

(j) describe similarities between characters and oneself in a guided creative drama; and

(k) describe similarities and differences in stories from multiple cultures.

(4) The music content standards for first grade are that each student will:

(a) create musical ideas for a purpose;

(b) identify expressive intent of musical ideas;

(d) describe the purpose of a variety of musical selections;

(e) rehearse to revise musical performances;

(f) perform music for a purpose;

(g) identify influences in making musical selections;

(h) identify expressive qualities of music;

(i) describe preferences while evaluating music;

(j) describe emotions when experiencing music; and

(k) describe connections between music, arts, and daily life in a variety of contexts.

(5) The dance content standards for first grade are that each student will:

(a) experiment with movement inspired by a variety of sounds;

(b) improvise a dance with beginning, middle, and end;

(d) identify movement qualities using simple dance vocabulary;

(e) demonstrate a range of movements while coordinating with other dancers;

(f) use production elements in a dance for and with others;

(g) identify a movement that repeats in a dance to make a pattern;

(h) discuss selected movements from a dance using dance vocabulary;

(i) use criteria to identify and demonstrate movements in dance;

(j) identify the movements in a dance that relate to a familiar experience; and

(k) demonstrate and describe movements in dances.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.604 Arts Content Standards for Second Grade

(1) The media arts content standards for second grade are that each student will:

(a) use resources to generate creative ideas for media artworks;

(b) use ideas to create plans and models for media arts productions;

(d) combine a variety of art and media content into unified media artworks;

(e) use experimentation skills and various roles in creating media arts presentations;

(f) identify and describe the experience of presenting media artworks;

(g) describe the components and messages in media artworks;

(h) define the purposes and meanings of media artworks;

(i) discuss the effectiveness of and improvements for media artworks;

(j) create media artworks and discuss their meaning and purpose; and

(k) identify how media artworks and ideas relate to everyday life and culture.

(2) The visual arts content standards for second grade are that each student will:

(a) discover multiple approaches and solutions to an art or design problem;

(b) demonstrate personal interest in an artwork or design using various materials, tools, and everyday objects;

(d) categorize artwork based on a theme or concept for an exhibit;

(e) describe different materials or artistic techniques for preparing artwork for presentation;

(f) describe how exhibited art, in a variety of venues, contributes to communities;

(g) describe aesthetic characteristics of the natural world and constructed environments based on expressive properties;

(h) describe the mood suggested by an artwork;

(i) use art vocabulary to express preferences about artwork;

(j) create artworks about events in home, school, or community life; and

(k) discuss cultural uses of artwork from different times and places.

(3) The theatre arts content standards for second grade are that each student will:

(a) identify ways in which voice and sounds may be used to create or retell a story;

(b) develop dialogue in creative drama;

(d) alter voice and body to expand and articulate character in creative drama experiences;

(e) identify the basic design elements in creative drama experiences;

(f) contribute original ideas or choices to group creative drama experiences;

(g) describe the artistic choices made in creative drama experiences;

(h) describe how setting influences character actions and consequences in creative drama;

(i) discuss design elements in guided creative drama;

(j) compare character experiences to personal experiences in creative drama; and

(k) compare similarities and differences in stories from multiple cultures through creative drama experiences.

(4) The music content standards for second grade are that each student will:

(a) explore rhythmic musical ideas for a purpose;

(b) discuss the expressive intent of patterns and ideas for music;

(d) identify expressive qualities and the purpose of musical selections;

(e) evaluate the expressiveness of musical performances;

(f) perform music with expression and technical accuracy;

(g) explain responses to musical selections;

(h) explain how expressive qualities support intent in music;

(i) discuss personal preferences in evaluating musical selections;

(j) discuss emotions when experiencing music; and

(k) describe musical expressions in terms of patterns and connections to daily life.

(5) The dance content standards for second grade are that each student will:

(a) explore movement inspired by a variety of sources;

(b) create a dance sequence with a beginning, middle, and end;

(d) correlate movement to music;

(e) coordinate body movements and alignment with other dancers;

(f) integrate basic production elements to perform a dance sequence for and with others;

(g) identify movements in a dance that develop a pattern;

(h) identify meaning and intent from the movement in a dance;

(i) use criteria to describe dance movements from a specific genre;

(j) create and perform a dance that expresses personal meaning; and

(k) discuss dances and the relationship between the types of movement and the dancers.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.605 Arts Content Standards for Third Grade

(1) The media arts content standards for third grade are that each student will:

(a) develop ideas for media artworks using a variety of tools, methods, and materials;

(b) make plans and models for media arts productions;

(d) integrate varied art forms and media content into media artworks;

(e) exhibit a variety of skills and roles to create new content in media arts presentations;

(f) discuss ways to improve media artworks presentations;

(g) describe how messages are created by components in media artworks;

(h) discuss the purposes and meanings of media artworks;

(i) identify basic criteria to evaluate media artworks;

(j) demonstrate how media artworks influence popular media; and

(k) explain how media artworks and ideas can influence everyday life.

(2) The visual arts content standards for third grade are that each student will:

(a) apply knowledge of available resources to enhance personal ideas through the art-making process;

(b) create artwork using a variety of artistic processes and materials;

(d) research and discuss the possibilities and limitations of physical and digital spaces for exhibiting artwork;

(e) prepare artworks for presentation;

(f) explain how and where different cultures record and illustrate stories and history of life through art;

(g) identify processes an artist uses to create artwork;

(h) discuss the use of media to create subject matter, form, and mood in artwork;

(i) evaluate artwork based on criteria;

(j) develop artwork based on observations and details of surroundings; and

(k) compare how responses to art change based on knowledge of the artwork's cultural and historical context.

(3) The theatre arts content standards for third grade are that each student will:

(a) experiment with character choices in creative drama;

(b) devise original ideas for a creative drama experience;

(d) determine how movement and voice are incorporated into creative drama experiences;

(e) describe design elements in a creative drama experience;

(f) rehearse and discuss reflections about a drama experience;

(g) discuss artistic choices and how they shape reactions to drama and theatre works;

(h) discuss ways to develop a character for a creative drama;

(i) compare design elements in creative drama;

(j) discuss personal experiences and knowledge to make connections to community and culture in creative drama; and

(k) describe how stories are adapted from literature to become drama or theatre works.

(4) The music content standards for third grade are that each student will:

(a) identify the connection between rhythmic and melodic ideas;

(b) identify expressive intent of selected musical ideas;

(d) discuss how intent is conveyed through expressive qualities;

(e) evaluate the effectiveness of musical performances;

(f) perform music for a purpose with expression and technical accuracy;

(g) evaluate responses to musical selections;

(h) describe how expressive qualities determine intent in music;

(i) identify criteria to evaluate musical performances;

(j) explain emotions experienced when creating, performing, and responding to music;

(k) discuss patterns and connections between music, arts, and daily life.

(5) The dance content standards for third grade are that each student will:

(a) experiment with movement using a variety of sources;

(b) identify movement patterns and sequences;

(d) choose specific movements to express intent in a dance sequence;

(e) identify technical dance skills that coordinate with other dancers;

(f) create production elements for a dance performance;

(g) discuss a movement pattern that creates a dance sequence;

(h) explain how specific movements relate to the main idea of a dance;

(i) use criteria to identify characteristic movements in dances from a variety of genres;

(j) create movement based on an event or issue; and

(k) explain what the movements of a dance may communicate about culture.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.606 Arts Content Standards for Fourth Grade

(1) The media arts content standards for fourth grade are that each student will:

(a) develop original media artworks using a variety of creative methods;

(b) discuss, test, and assemble models for media arts productions;

(d) demonstrate how a variety of forms and content can be mixed and coordinated into media artworks;

(e) apply a variety of skills and knowledge to solve problems while creating media arts presentations;

(f) explain results of and improvements for presenting media artworks;

(g) explain how various forms, methods, and styles influence the message of a media artwork;

(h) explain reactions to a variety of media artworks considering their purpose and context;

(i) apply basic criteria to evaluate and improve media artworks and production processes;

(j) examine how media artworks affect meanings, situations, and cultural experiences in popular media; and

(k) demonstrate how media artworks and ideas relate to everyday life and culture.

(2) The visual arts content standards for fourth grade are that each student will:

(a) collaborate on multiple approaches to a creative art or design problem and develop a plan from concept to completion for an artwork;

(b) apply research to art-making for the purpose of communicating about constructed environments;

(d) describe how past, present, and emerging technologies impact the preservation and presentation of artwork;

(e) analyze considerations for presenting and protecting artworks;

(f) compare purposes of art museums, art galleries, and other venues with the types of experiences they provide;

(g) compare components of visual imagery;

(h) analyze subject matter, form, and use of media in artwork;

(i) apply criteria to analyze artworks;

(j) create artworks that reflect community cultural traditions; and

(k) interpret artworks through observation and information about context.

(3) The theatre arts content standards for fourth grade are that each student will:

(a) design technical elements that support the story and drama experiences;

(b) develop original ideas for characters and plot in a theatre performance;

(d) make physical and vocal choices to develop a character in a drama experience;

(e) discuss the use of technical elements to enhance a drama experience;

(f) perform small-group drama and theatre works to an audience;

(g) identify artistic choices made through participation in and observation of drama and theatre works;

(h) compare character qualities in drama or theatre works;

(i) propose criteria to evaluate drama and theatre works;

(j) identify the ways drama and theatre work reflect the perspectives of a community or culture; and

(k) discuss cross-cultural approaches to storytelling in drama and theatre works.

(4) The music content standards for fourth grade are that each student will:

(a) explain the connection between rhythmic, melodic, and harmonic ideas;

(b) organize musical ideas for an express purpose;

(d) identify the structure and elements in music selected for performance;

(e) evaluate accuracy and expressiveness of musical performances;

(f) perform music with expression, technical accuracy, and interpretation;

(g) explain connections to responses, musical structure, and elements;

(h) explain how expressive qualities help performers interpret music;

(i) use established criteria to evaluate musical works and performances;

(j) convey personal emotions using elements of music; and

(k) demonstrate understanding of the connection between music and its historical and cultural context.

(5) The dance content standards for fourth grade are that each student will:

(a) use elements of dance to create a series of movements;

(b) plan a dance sequence with a variety of movement patterns and structures;

(d) demonstrate shapes and expand the range of movements in a dance sequence;

(e) demonstrate technical dance skills that coordinate with other dancers;

(f) use a variety of production elements to create a formal dance performance space;

(g) compare movement patterns within a genre or style;

(h) identify intent of a dance by relating the movements, ideas, and context using dance vocabulary;

(i) discuss and demonstrate the movement characteristics of a dance;

(j) explain how the main idea of a dance is similar to or different from personal experience; and

(k) describe how specific movements of a dance relate to culture and time period.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.607 Arts Content Standards for Fifth Grade

(1) The media arts content standards for fifth grade are that each student will:

(a) demonstrate original ideas and innovations for media artworks using personal and community experiences;

(b) develop, present, and test ideas, plans, models, and proposals for media arts productions;

(c) determine how elements and components can be altered for clear communication and intentional effects in media artwork;

(d) create media artworks through the integration of multiple contents and forms;

(e) perform a variety of roles while solving problems to create media art presentations;

(f) compare results of and improvements for presenting media artworks;

(g) differentiate how message and meaning are created by components in media artworks;

(h) compare personal and group interpretations of a variety of media artworks considering their intention and context;

(i) apply criteria to evaluate media artworks and production processes, considering context and practicing constructive feedback;

(j) demonstrate how media artworks affect meanings, situations, and cultural experiences; and

(k) research how media artworks and ideas relate to personal, social, and community life and culture.

(2) The visual arts content standards for fifth grade are that each student will:

(a) combine diverse concepts and artistic methods to choose an approach and create an artwork;

(b) create artworks that document places or objects of personal significance;

(d) explain the role of a curator;

(e) discuss responsible and effective use of materials and techniques for preparing, presenting, and preserving artwork;

(f) cite evidence to explain how an exhibition presents ideas and provides information about a specific concept or topic;

(g) compare personal interpretations of artwork to others' interpretations;

(h) analyze use of structure, context, and visual elements to convey ideas and mood in artworks;

(i) evaluate artworks based on styles, genres, and media;

(j) apply formal and conceptual knowledge of art and design to make artwork; and

(k) identify how artworks are used to inform or change beliefs, values, or behaviors of an individual or society.

(3) The theatre arts content standards for fifth grade are that each student will:

(a) implement design ideas that support the story in a drama or theatre work;

(b) participate in specific responsibilities required to present a drama or theatre work informally to an audience;

(d) experiment with physical and vocal choices to create meaning in drama and theatre works;

(e) demonstrate the use of technical elements in drama and theatre works;

(f) present drama and theatre works informally for an audience;

(g) explain personal reactions to artistic choices made in drama and theatre works;

(h) explain how cultural perspectives influence personal responses to characters in drama and theatre works;

(i) implement criteria to evaluate drama and theatre works;

(j) explain how drama and theatre work connects one to a community or culture; and

(k) investigate historical, global, and cultural issues in drama and theatre works.

(4) The music content standards for fifth grade are that each student will:

(a) improvise rhythmic, melodic, and harmonic ideas for a specific purpose;

(b) develop musical ideas for an express purpose;

(d) compare the structure and elements of music in works selected for performance;

(e) evaluate the accuracy, effectiveness, and expressiveness of musical performances;

(f) perform music with expression, technical accuracy, and interpretation that conveys the composer's intent;

(g) cite evidence that connects musical selections to specific experiences;

(h) describe how performers interpret expressive intent in music;

(i) use established criteria to evaluate the quality of musical works and performances;

(j) demonstrate how a musical experience forms an emotional, physical, and cultural connection; and

(k) compare connections between music and historical and cultural context.

(5) The dance content standards for fifth grade are that each student will:

(a) use elements of dance to create a movement series;

(b) create a dance sequence that communicates an idea;

(d) perform dance sequences using a variety of rhythms;

(e) execute a series of dance sequences using technical dance skills;

(f) collaborate to adapt dance to performance venues;

(g) analyze characteristics of diverse dance genres and styles;

(h) explain how movement can communicate meaning and intent in a dance using dance vocabulary;

(i) use criteria to compare characteristic movements in dances from a variety of genres and styles;

(j) analyze dances with contrasting themes; and

(k) describe how specific movements or qualities of a dance communicate the ideas and perspectives of culture.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.608 Arts Content Standards for Sixth Through Eighth Grades

(1) The media arts content standards for sixth through eighth grades are that each student will:

(a) produce ideas, goals, and solutions for original media artworks;

(b) analyze ideas, plans, prototypes, and creative processes for media arts productions;

(c) improve the technical quality of media artworks by selecting expressive and stylistic elements to reflect an understanding of purpose, audience, and place;

(d) integrate multiple content areas and forms into media artwork productions that convey perspectives, themes, and narratives;

(e) demonstrate a range of skills and roles in creating and performing media arts presentations;

(f) analyze results of and improvements for presenting media artworks;

(g) evaluate the qualities of and relationships between the components and style in media artworks;

(h) compare and contrast the intent of a variety of media artworks and how they impact understanding of one's own culture and other cultures;

(i) compare and contrast media artworks and production processes to context and artistic goals;

(j) analyze how media artworks expand meaning and knowledge, create cultural experiences, and influence local and global events; and

(k) compare how media artworks and ideas relate to various contexts, purposes, and values.

(2) The visual arts content standards for sixth through eighth grade are that each student will:

(a) design project steps and criteria to reach an identified goal and investigate personally relevant content for art-making;

(b) demonstrate awareness of issues and ethics of appropriation as they create artworks and design;

(d) compare similarities and differences associated with preserving and presenting two-dimensional, three-dimensional, and digital artwork;

(e) evaluate methods for preparing and presenting artwork based on criteria;

(f) explain and cite evidence about how exhibits reflect history and values of a community;

(g) explain how a person's aesthetic choices are influenced by culture and environment;

(h) collaborate to interpret artworks;

(i) develop criteria to evaluate artwork;

(j) use art to express ideas and current interests; and

(k) distinguish different ways that artworks represent, establish, reinforce, and reflect group identity.

(3) The theatre arts content standards for sixth through eighth grades are that each student will:

(a) develop a character in a drama or theatre work;

(b) demonstrate leadership and collaboration when developing a drama or theatre work;

(d) identify the essential events in a story or script that make up the dramatic structure;

(e) analyze how technical elements enhance drama and theatre works;

(f) perform a rehearsed drama or theatre work for an audience;

(g) evaluate the artistic choices in drama and theatre works;

(h) analyze how cultural perspectives influence the evaluation of drama and theatre work;

(i) evaluate drama and theatre works using supporting evidence;

(j) research how cultural perspectives, community ideas, and personal beliefs impact a drama or theatre work; and

(k) use different forms of drama and theatre work to examine contemporary, social, cultural, or global issues.

(4) The music content standards for sixth through eighth grades, when a district incorporates or integrates music into district curriculum or offers an elective course in general music, performance-based classes, music technology, or music theory, are that each student will:

(a) generate rhythmic, melodic, and harmonic phrases and harmonic accompaniments;

(b) select musical ideas for arrangements, songs, and compositions;

(d) evaluate the structure of contrasting pieces of music selected for performance;

(e) rehearse and determine when music is ready to perform;

(f) perform music with technical accuracy, expression, and culturally respectful practices to convey the composer's intent;

(g) compare connections between musical selections for a specific purpose;

(h) compare how composers and performers interpret expressive qualities of music to create performances;

(i) develop criteria to evaluate musical works and performances;

(j) evaluate how personal connections inform creation, performance, and response to music; and

(k) evaluate connections between music and historical and cultural context.

(5) The dance content standards for sixth through eighth grade are that each student will:

(a) create an original dance;

(b) create an original dance that communicates an idea;

(d) present dance sequences from a variety of genres and styles;

(e) execute and coordinate technical dance skills in performance;

(f) collaborate with others to design and execute a dance production;

(g) explain how the elements of dance are used to communicate intent in a variety of genres or styles;

(h) explain relationships among the elements of dance that support intent;

(i) use criteria to determine what makes an effective performance;

(j) create a movement sequence of two contrasting ideas; and

(k) analyze how dances from a variety of cultures and time periods reveal ideas and perspectives.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-1-501, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Mont. Admin. R. 10.53.609 Arts Content Standards for Ninth Through Twelfth Grades

(1) The media arts content standards for ninth through twelfth grades are that each student will:

(a) integrate ideas, develop artistic goals, and problem solve in media arts creation processes;

(b) apply criteria in developing and refining artistic ideas, plans, prototypes, and production processes;

(d) synthesize various art forms and themes into media artwork productions considering the reaction and interaction of the audience;

(e) demonstrate a progression of skills by fulfilling specific roles in the production of a variety of media arts presentations;

(f) evaluate impact and implement improvements in presenting media artworks considering personal, local, and social impacts;

(g) synthesize the qualities and relationships of the components in a variety of media artworks to create intention and persuasion;

(h) analyze the intent, meanings, and reception of a variety of media artworks, focusing on personal and cultural contexts;

(i) analyze critiques of media artworks and production processes;

(j) demonstrate the use of media artworks to synthesize new meaning and knowledge that reflect and form cultural experiences; and

(k) analyze how media artworks and ideas relate to various contexts, purposes, and values.

(2) The visual arts content standards for ninth through twelfth grades are that each student will:

(a) develop plans for creating art and design works using various materials and methods from traditional and contemporary practices;

(b) create art or design projects in response to contemporary issues that demonstrate an awareness of ethical implications of making and distributing creative works;

(d) curate artifacts and artworks for presentation and preservation;

(e) apply appropriate methods or processes to display artwork in a specific place;

(f) analyze an exhibit or collection's impact on personal awareness of social, cultural, or political beliefs and understandings;

(g) evaluate the effectiveness of an artwork as perceived by a variety of audiences;

(h) defend an interpretation of an artwork or collections of artworks;

(i) analyze a collection of artwork based on sets of criteria;

(j) incorporate knowledge of personal, social, cultural, and historical life to create artworks; and

(k) compare uses of art in a variety of personal, societal, cultural, and historical contexts.

(3) The theatre arts content standards for ninth through twelfth grades are that each student will:

(a) examine the roles of character, story, playwright, theatre tradition, and genre in a drama or theatre work;

(b) analyze the collaborative relationship of the actor, director, and playwright in creating a drama or theatre work;

(d) apply a variety of acting techniques in the rehearsal and performance of drama and theatre works;

(e) apply technical elements to enhance the production of drama and theatre works;

(f) perform a rehearsed scripted drama or theatre work for a specific audience;

(g) synthesize what is seen, felt, and heard in drama and theatre works to develop criteria for personal artistic choices;

(h) analyze how artistic choices are developed from personal experiences in drama and theatre works;

(i) analyze a drama or theatre work using personal aesthetics and artistic criteria;

(j) collaborate on drama or theatre work that examines a critical issue using various perspectives; and

(k) analyze the social, historical, and cultural contexts of drama and theatre works.

(4) The music content standards for ninth through twelfth grades, when a district incorporates or integrates music into district curriculum or offers an elective course in general music, performance-based classes, music technology, or music theory, are that each student will:

(a) analyze rhythmic, melodic, and harmonic phrases and harmonic accompaniments for expressive intent;

(b) assemble and organize sounds or short musical ideas for express purposes;

(d) analyze how the elements of a musical performance relate to style and mood;

(e) analyze ways a performance conveys the elements of music, style, and mood;

(f) analyze musical performances to explain how the elements of music are used to convey intent;

(g) analyze elements of music in selected works for specific responses;

(h) analyze composers' and performers' expressive intent in interpretations of music;

(i) develop criteria to analyze the technical and expressive qualities of music and performances;

(j) analyze how interests, knowledge, and skills relate to intent when creating, performing, and responding to music; and

(k) analyze relationships between music, arts, society, and cultures.

(5) The dance content standards for ninth through twelfth grades are that each student will:

(a) analyze established dance forms to inform their own original dances;

(b) analyze dance patterns and sequences;

(d) present an expanded repertoire of movement and dance compositions;

(e) use technical dance skills to perform in a variety of dance genres;

(f) collaborate with others to produce a dance production that reflects the artistic intent of a dance performance;

(g) compare and contrast movement patterns and the elements of dance in a variety of genres and styles;

(h) analyze and interpret how elements of dance contribute to artistic expression across genres and styles;

(i) analyze the artistic expression of a dance and discuss insights using criteria and genre-specific dance vocabulary;

(j) perform a dance inspired by a topic of interest; and

(k) analyze how dances from a variety of cultures and time periods communicate specific purpose and meaning.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, 20-9-309, MCA
History: NEW, 2016 MAR p. 1387, Eff. 7/1/17.

Subchapter 10.53.7 Health and Physical Education Content Standards

Mont. Admin. R. 10.53.701 Health Content Standards

(1) The content standards for health are that students:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health;

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors;

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks;

(e) demonstrate the ability to use decision-making skills to enhance health and safety;

(f) demonstrate the ability to use goal-setting skills to enhance health;

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks; and

(h) demonstrate the ability to advocate for personal, family, and community health.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.702 Health Standards for Kindergarten

(1) The health standards for kindergarten are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) identifying healthy and unhealthy behaviors;

(ii) identifying characteristics of physical, mental, and emotional health;

(iii) identifying characteristics of family and social health, including those of traditional and contemporary American Indian cultures and practices;

(iv) identifying ways germs are spread;

(v) showing ways to prevent the spread of germs;

(vi) identifying environmental factors that can affect health;

(vii) identifying safety practices at school and in the community;

(viii) identifying common childhood injuries;

(ix) giving examples of health care; and

(x) identifying body parts and their function.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) identifying family practices that promote health; and

(ii) identifying healthy practices at school.

(i) identifying adults who help promote health; and

(ii) identifying school and community health and safety resources.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) identifying feelings and emotions;

(ii) understanding that listening is a respectful and caring behavior;

(iii) using refusal skills in risky situations;

(iv) identifying risky situations; and

(v) identifying dangerous situations.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) giving examples of safe and healthy decisions;

(ii) identifying persons who can assist with safety and health-related decisions;

(iii) identifying ways to solve safety and health-related issues or problems; and

(iv) identifying possible consequences of choices when making safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) identifying healthy habits; and

(ii) identifying ways family members model healthy behaviors.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) identifying healthy behaviors toward self and others;

(ii) identifying personal health practices and behaviors; and

(iii) identifying behaviors that are harmful or risky to health.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) identifying ways to ask others to assist in promoting health;

(ii) identifying positive health choices that can be made by peers and self; and

(iii) identifying health-related messages.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.703 Health Standards for First Grade

(1) The health standards for first grade are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) describing healthy behaviors;

(ii) giving examples of physical, mental, emotional, family, and social health, including those of traditional and contemporary American Indian cultures and practices;

(iii) identifying ways to prevent the spread of germs;

(iv) identifying environmental factors that can affect health;

(v) identifying ways to be safe and healthy at school and in the community;

(vi) identifying common childhood injuries and their treatment;

(vii) identifying reasons for seeing a health care professional; and

(viii) identifying basic body systems such as circulatory, respiratory, cardiovascular, skeletal, muscular, digestive, and nervous systems.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) describing ways a family practices health promotion;

(ii) identifying ways that peers influence behavior;

(iii) identifying ways in which schools promote personal health practices and behaviors; and

(iv) identifying examples from different media sources that influence health.

(i) describing ways adults can help promote health; and

(ii) describing school and community health and safety resources.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) showing how to share feelings in a healthy way;

(ii) describing ways listening is a respectful and caring behavior;

(iii) describing and demonstrating how to use a variety of refusal skills; and

(iv) describing how to get help in a dangerous situation.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) identifying steps in making safe and healthy decisions;

(ii) identifying examples of responsible safety and health-related decisions;

(iii) identifying ways to solve safety and health-related issues or problems; and

(iv) identifying possible consequences of choices when making safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) explaining types of healthy habits; and

(ii) identifying a goal and who can help achieve that goal.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) identifying examples of healthy behaviors toward self and others;

(ii) telling ways to maintain or improve personal health behaviors; and

(iii) explaining harmful or risky behaviors to health.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) expressing how to ask others to assist in promoting health;

(ii) showing how peers can make positive health choices; and

(iii) listing a variety of health-related messages.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.704 Health Standards for Second Grade

(1) The health standards for second grade are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) identifying and explaining how health behaviors affect personal health;

(ii) recognizing that there are multiple dimensions of health, such as physical, mental, and emotional, as well as family and social health, including those of traditional and contemporary American Indian cultures and practices;

(iii) describing some ways to prevent childhood communicable diseases;

(iv) describing common environmental factors that can affect health;

(v) giving examples of how to be safe at school and in the community;

(vi) identifying ways to prevent and treat common childhood injuries;

(vii) describing why it is important to seek health care; and

(viii) identifying basic body systems and their function such as the circulatory, respiratory, cardiovascular, skeletal, muscular, digestive, and nervous systems.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) identifying how family and culture influence personal health practices and behaviors;

(ii) identifying ways that peers influence behavior;

(iii) identifying what the school can do to support personal health practices and behaviors;

(iv) describing how the media can influence health behaviors; and

(v) giving examples of school or community policies that promote health and safety.

(i) identifying trusted adults and professionals who can help promote health; and

(ii) identifying ways to locate school and community health and safety resources.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) identifying healthy ways to express needs, wants, and feelings;

(ii) using listening skills to enhance health;

(iii) exhibiting ways to respond in an unwanted, threatening, or dangerous situation; and

(iv) expressing ways to tell a trusted adult if threatened or harmed.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) identifying situations when a safety and health-related decision is needed;

(ii) differentiating between situations when a safety and health-related decision can be made individually or when assistance is needed;

(iii) describing ways to solve safety and health-related issues or problems; and

(iv) describing possible consequences of choices when making safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) identifying short-term personal health goals and taking action towards achieving goals; and

(ii) identifying who can help when assistance is needed to achieve a personal health goal.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) exhibiting healthy behaviors toward self and others;

(ii) exhibiting healthy practices and behaviors to maintain or improve personal health; and

(iii) discussing behaviors that avoid or reduce health risk.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) making requests to promote health;

(ii) identifying ways to encourage others to make positive health choices; and

(iii) describing health messages and communication techniques.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.705 Health Standards for Third Grade

(1) The health standards for third grade are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) identifying links between healthy choices and personal health;

(ii) defining life skills that improve health and wellness;

(iii) using goal-setting to practice healthy behaviors;

(iv) describing various characteristics of physical, mental, emotional, family, and social health, including those of traditional and contemporary American Indian cultures and practices;

(v) explaining the difference between childhood communicable and non-communicable diseases;

(vi) identifying the potential sources of environmental factors that affect health;

(vii) describing how health can be affected by school and community environments;

(viii) identifying common childhood health problems;

(ix) identifying situations that require health care; and

(x) identifying body systems and their function including circulatory, respiratory, cardiovascular, skeletal, muscular, digestive, and nervous systems.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) describing ways family and culture influence personal health practices and behavior;

(ii) describing ways that peers influence behavior;

(iii) explaining ways the school can support personal health practices and behaviors;

(iv) discussing ways the media can influence thoughts, feelings, and health behaviors;

(v) identifying types of technology that influence personal health; and

(vi) describing ways that school and community policies promote health and safety.

(i) giving examples of valid health information, products, and services; and

(ii) identifying resources available at home, school, tribe, and community that provide valid health information.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) expressing ways to show respect for self and others, including those of traditional and contemporary American Indian cultures and practices;

(ii) identifying verbal and nonverbal refusal skills;

(iii) recognizing conflict and applying nonviolent strategies to manage or resolve conflict; and

(iv) discussing situations when it is necessary to seek assistance for the health and safety of self and others.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) identifying routine safety and health-related situations;

(ii) discussing situations when support is needed in making safety and health-related decisions;

(iii) discussing various options to safety and health-related issues or problems;

(iv) discussing possible consequences of choices when making safety and health-related decisions; and

(v) identifying outcomes for various safety, healthy, and unhealthy decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) describing ways to set personal health goals; and

(ii) explaining how friends, adults, and resources help in achieving a personal health goal.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) describing practices of healthy behaviors toward self and others;

(ii) discussing reasons for responsible personal health behaviors; and

(iii) identifying healthy and unhealthy behaviors.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) sharing accurate information about a health issue;

(ii) encouraging peers to make positive health choices; and

(iii) discussing health-related messages and communication techniques.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.706 Health Standards for Fourth Grade

(1) The health standards for fourth grade are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) identifying life skills that improve health and wellness;

(ii) discussing healthy and unhealthy behaviors and their effect on health;

(iii) identifying personal health-enhancing strategies that encompass substance abuse prevention, nutrition, exercise, injury and disease prevention, and stress management, including traditional and contemporary strategies from American Indian cultures;

(iv) describing risky behaviors and their potential consequences;

(v) discussing various characteristics of physical, mental, emotional, family, and social health, including those of traditional and contemporary American Indian cultures and practices;

(vi) describing how universal precautions and other hygienic practices reduce the risk for contracting disease;

(vii) describing the potential sources of environmental factors that affect health;

(viii) discussing practices for safe school and community environments;

(ix) describing common childhood health problems and potential treatments;

(x) describing when it is important to seek health care; and

(xi) discussing the structure and function of each of the following major systems: circulatory, respiratory, cardiovascular, skeletal, muscular, digestive, and nervous.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) explaining ways family and culture influence personal health practices and behaviors;

(ii) discussing ways that peers influence behavior;

(iii) identifying how the school, tribe, and community can support personal health practices and behaviors;

(iv) discussing why the media influences thoughts, feelings, and health behaviors;

(v) identifying ways technology can influence personal health; and

(vi) discussing ways that school and community policies promote health, safety, and disease prevention.

(i) identifying qualities of valid health information, products, and services; and

(ii) describing resources from home, school, tribe, and community that provide valid health information.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) demonstrating ways to communicate care, consideration, and respect of self and others, including those of traditional and contemporary American Indian cultures and practices;

(ii) identifying reasons to use refusal skills to avoid or reduce health risks;

(iii) identifying strategies to control angry feelings; and

(iv) describing reasons for seeking assistance to enhance the health and safety of self and others.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) discussing options of what to do in potential safety and health-risk situations;

(ii) identifying situations when assistance is needed to make safety and health-related decisions;

(iii) identifying positive alternatives to resolving safety and health-related issues or problems;

(iv) explaining possible consequences of health-related decisions; and

(v) creating a list of positive and negative outcomes related to various safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) discussing reasons for setting personal health goals; and

(ii) discussing personal health goal-setting and the resources that can assist in achieving goals.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) discussing practices of healthy behaviors toward self and others;

(ii) identifying responsible personal health behaviors;

(iii) explaining personal health practices and behaviors that maintain or improve personal health; and

(iv) discussing reasons for healthy behaviors that avoid or reduce health risks.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) discussing accurate information about a health issue;

(ii) discussing ways that encourage others to make positive health choices; and

(iii) comparing and contrasting health messages and communication techniques.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.707 Health Standards for Fifth Grade

(1) The health standards for fifth grade are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) explaining the relationship between healthy behaviors and personal health;

(ii) describing personal health-enhancing strategies that encompass substance abuse prevention, nutrition, exercise, injury and disease prevention and stress management, including traditional and contemporary strategies from American Indian cultures;

(iii) identifying potential consequences of engaging in risky behaviors;

(iv) identifying examples of physical, mental, emotional, family and social health, including those of traditional and contemporary American Indian cultures and practices;

(v) explaining practices used to prevent or reduce the risk of spreading or contracting communicable diseases;

(vi) discussing ways environmental factors affect health;

(vii) describing ways in which safe and healthy school and community environments can promote personal health;

(viii) describing ways to prevent and treat common childhood injuries and health problems;

(ix) giving examples of health care and their benefits, including the unique issues regarding American Indians and health care benefits; and

(x) identifying the basic structure and function of the major human body systems, including growth and development and the reproductive system.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) examining how family and culture influence personal health practices and behaviors;

(ii) identifying how peers can influence healthy and unhealthy behaviors;

(iii) describing how the school, tribe, and community can support personal health practices and behaviors;

(iv) explaining how media influences thoughts, feelings, and health behaviors;

(v) discussing ways that technology can influence personal health; and

(vi) explaining how school, public, and tribal health policies can influence health promotion and disease prevention.

(i) identifying characteristics of valid health information, products, and services; and

(ii) locating resources from home, school, tribe, and community that provide valid health information.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) using effective verbal and nonverbal communication skills to enhance health, including those of traditional and contemporary American Indian cultures and practices;

(ii) using refusal skills that avoid or reduce health risks;

(iii) using nonviolent strategies to manage or resolve conflict; and

(iv) discussing how to ask for assistance to enhance the health and safety of self and others.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) identifying health-related situations that might require thoughtful decisions;

(ii) analyzing when assistance is needed in making safety and health-related decisions;

(iii) comparing and contrasting healthy options to safety and health-related issues or problems;

(iv) predicting the potential outcomes of options when making safety and health-related decisions; and

(v) describing the outcomes of safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) setting a personal health goal and tracking progress toward its achievement; and

(ii) identifying resources to assist in achieving a personal health goal.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) explaining benefits of healthy behaviors toward self and others;

(ii) practicing responsible personal health behaviors;

(iii) using a variety of healthy practices and behaviors to maintain or improve personal health; and

(iv) using a variety of behaviors to avoid or reduce health risks.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) expressing opinions and giving accurate information about health issues;

(ii) practicing and rationalizing reasons for positive health choices; and

(iii) evaluating various health messages and communication techniques.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.708 Health Standards for Sixth Through Eighth Grades

(1) The health standards for sixth through eighth grades are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) discussing the relationship between healthy behaviors and personal health;

(ii) describing the benefits of and barriers to practicing healthy behaviors;

(iii) analyzing behaviors that promote health enhancing strategies for issues such as substance abuse prevention, nutrition, sexual activity, exercise, injury and disease prevention, and stress management, including traditional and contemporary strategies from American Indian cultures;

(iv) analyzing the potential consequences of engaging in risky behaviors;

(v) identifying characteristics of physical, mental, emotional, family, and social health including those of traditional and contemporary American Indian cultures and practices;

(vi) explaining practices used to prevent or reduce the risk of spreading or contracting communicable diseases;

(vii) discussing ways environmental factors affect health;

(viii) analyzing ways in which safe and healthy school and community environments can promote personal health;

(ix) describing ways to reduce or prevent injuries and other adolescent health problems;

(x) explaining how appropriate health care can promote personal health, including the unique issues regarding American Indians and health care benefits;

(xi) defining human body systems, their function, and their interrelationship with one another; and

(xii) identifying basic structures and functions of the male and female reproductive health systems.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) explaining how family and culture influence the health of adolescents;

(ii) explaining how the perception of societal norms influence healthy and unhealthy behaviors;

(iii) explaining the influence of personal values and beliefs on individual health practices and behaviors;

(iv) describing how peers influence healthy and unhealthy behaviors;

(v) explaining how the school, tribe, and community can affect personal health practices and behaviors;

(vi) explaining how messages from media influence health behaviors;

(vii) explaining the influence of technology on personal and family health; and

(viii) comparing and contrasting how school, public, and tribal health policies can influence health promotion and disease prevention.

(i) analyzing the validity of health information, products, and services;

(ii) accessing valid health information from home, school, tribe, and community;

(iii) determining the accessibility of products that enhance health; and

(iv) describing situations that may require professional health services.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) applying effective verbal and nonverbal communication skills to enhance health, including those of traditional and contemporary American Indian cultures and practices;

(ii) using refusal and negotiation skills that avoid or reduce health risks;

(iii) using effective conflict management or resolution strategies; and

(iv) discussing how to ask for assistance to enhance the health and safety of self and others.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) identifying circumstances that can help or hinder safe and healthy decision making;

(ii) determining when safety and health-related situations require the application of a thoughtful decision-making process;

(iii) determining when individual or collaborative decision making is appropriate;

(iv) distinguishing between safe, healthy, and unhealthy alternatives to health-related issues or problems;

(v) predicting the potential short-term and long-term impact of health and safety-related options on self and others; and

(vi) analyzing the outcomes of safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) developing a goal to adopt, maintain, or improve personal health practices;

(ii) assessing personal health practices;

(iii) applying strategies and skills needed to attain a personal health goal; and

(iv) describing how personal health goals can vary with changing abilities, priorities, and responsibilities.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) analyzing healthy practices and behaviors that will maintain or improve the health of self and others;

(ii) explaining the importance of assuming responsibility for personal health behaviors; and

(iii) describing behaviors to avoid or reduce health risks to self and others.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) stating a health-enhancing position on a topic and support it with accurate information;

(ii) describing how to influence and support others to make positive health choices;

(iii) working cooperatively to advocate for healthy individuals, families, tribes, and schools; and

(iv) identifying ways in which health-related messages and communication techniques can be altered for different audiences.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.709 Health Standards for Ninth Through Twelfth Grades

(1) The health standards for ninth through twelfth grades are that each student will be able to:

(a) comprehend concepts related to health promotion and disease prevention to enhance personal health by:

(i) predicting how health behaviors can affect health status;

(ii) comparing and contrasting the benefits of and barriers to practicing a variety of healthy behaviors;

(iii) developing personal health-enhancing strategies for issues such as substance abuse prevention, nutrition, exercise, sexual activity, injury and disease prevention, and stress management, including traditional and contemporary strategies from American Indian cultures;

(iv) comparing and contrasting the potential consequences of engaging in risky behavior;

(v) analyzing the interrelationships of physical, mental, emotional, family and social health or personal health, including those of American Indian cultures and practices;

(vi) comparing and contrasting various ways to prevent communicable diseases;

(vii) analyzing how environmental factors and personal health are interrelated;

(viii) analyzing how genetics and family history can impact personal health;

(ix) comparing and contrasting ways to advocate for safe and healthy school and community environments to promote personal health;

(x) proposing ways to reduce or prevent injuries and health problems;

(xi) analyzing the relationship between access to health care and health status, including the unique issues regarding American Indians and health care benefits resulting from treaty obligations;

(xii) analyzing human body systems, their function, and their interrelationship with one another;

(xiii) explaining the natural body changes of reproductive health;

(xiv) explaining fertilization, conception, and how the baby's sex and inherited traits are determined; and

(xv) comparing and contrasting how physical, mental, social, spiritual, and cultural factors influence attitudes about sexuality.

(b) analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors by:

(i) comparing and contrasting how the family and culture influence the health of individuals;

(ii) explaining how the perception of societal norms influence healthy and unhealthy behaviors, including those of traditional and contemporary American Indian cultures and practices;

(iii) explaining the influence of personal values and beliefs on individual health practices and behaviors;

(iv) explaining how peers influence healthy and unhealthy behaviors;

(v) evaluating how the school, tribe, and community can affect personal health practices and behaviors;

(vi) evaluating the effect of media on personal and family health;

(vii) evaluating the impact of technology on personal, family, and community health; and

(viii) explaining how public health policies and governmental regulations, including tribal, can influence health promotion and disease prevention.

(i) evaluating the validity of health information, products, and services;

(ii) using resources from home, school, tribe, and community that provide valid health information;

(iii) determining the accessibility of products and services that enhance health; and

(iv) determining when professional health services may be required.

(d) demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks by:

(i) using skills for communicating effectively with family, peers, and others to enhance health, including those of traditional and contemporary American Indian cultures and practices;

(ii) using refusal, negotiation, and collaboration skills to enhance health and avoid or reduce health risks;

(iii) using strategies to prevent, manage, or resolve interpersonal conflicts without harming self or others; and

(iv) discussing how to ask for and offer assistance to enhance the health and safety of self and others.

(e) demonstrate the ability to use decision-making skills to enhance health and safety by:

(i) examining barriers that can hinder safe and healthy decision making;

(ii) determining the value of applying a thoughtful decision-making process in safety and health-related situations;

(iii) justifying when individual or collaborative decision making is appropriate;

(iv) generating alternatives to safety and health-related issues or problems;

(v) analyzing the potential short-term and long term impact of health and safety alternatives on self and others; and

(vi) evaluating the effectiveness of safety and health-related decisions.

(f) demonstrate the ability to use goal-setting skills to enhance health by:

(i) developing a plan to attain a personal health goal that addresses strengths, needs, and risks;

(ii) assessing personal health practices and overall health status;

(iii) implementing strategies and monitoring progress in achieving a personal health goal; and

(iv) formulating an effective long-term personal health plan.

(g) demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks by:

(i) discussing ways to advocate for a variety of healthy practices and behaviors that will maintain or improve the health of self and others;

(ii) analyzing the role of individual responsibility for enhancing health; and

(iii) discussing ways to advocate for a variety of behaviors to avoid or reduce health risks to self and others.

(h) demonstrate the ability to advocate for personal, family, and community health by:

(i) using accurate peer and societal norms to formulate a health-enhancing message;

(ii) advocating for behaviors and practices that will support others in making positive health choices;

(iii) working cooperatively as an advocate for improving personal, family, and community health; and

(iv) adapting health messages and communication techniques to target audiences.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.710 Content Standards for Physical Education

(1) The content standards for physical education are that students:

(a) demonstrate competency in a variety of motor skills and movement patterns;

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance;

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness;

(d) exhibit responsible personal and social behavior that respects self and others;

(e) recognize the value of physical activity for health, enjoyment, self-expression, and/or social interaction.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.711 Definitions

(1) For purposes of the physical education content standards contained in this chapter, the following definitions apply:

(a) "Locomotor skills" are defined as skills used to move the body from one place to another including walking, running, skipping, leaping, sliding, galloping, jumping, and hopping.

(b) "Manipulative skills" are defined as skills developed when a person handles some kind of object including throwing, kicking, striking, catching, redirecting an object in flight (such as a volleyball) or continuous control of an object such as a hoop.

(c) "Mature form/pattern" are defined as movement that is performed with ease using critical elements of the motor skill pattern that are smooth, efficient, and repetitive, and can be performed without thinking out each step of the movement.

(d) "Nonlocomotor skills" are defined as skills that are performed in place without appreciable spatial movement and include bending, and stretching, pushing, pulling, raising and lowering, twisting and turning, and shaking.

(e) "Small-sided practice tasks" are defined as games or deliberate tasks utilizing fewer students which are designed to practice particular skills or tasks.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.712 Physical Education Standards for Kindergarten

(1) The physical education standards for kindergarten are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) performing basic locomotor, nonlocomotor, and manipulative skills; and

(ii) performing locomotor skills in response to teacher-led creative dance.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) moving in different pathways, general space with different speeds, and in personal space to a rhythm.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) recognizing that food provides energy for physical activity;

(ii) identifying active play opportunities outside health enhancement class;

(iii) actively participating in health enhancement class;

(iv) recognizing that physical activity causes physical changes; and

(v) practicing warm-ups and cool-downs relative to vigorous physical activity.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) following directions in group settings;

(ii) acknowledging responsibility for behavior when prompted;

(iii) following instruction and direction when prompted;

(iv) recognizing the established protocol for class activities;

(v) sharing equipment and space with others;

(vi) recognizing differences in ideas, cultures, and body types; and

(vii) following teacher directions for safe participation and proper use of equipment with minimal reminders.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) understanding that physical activity is important for good health;

(ii) acknowledging that some physical activities are challenging or difficult; and

(iii) identifying physical activities that result in a positive personal experience while playing with friends.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.713 Physical Education Standards for First Grade

(1) The physical education standards for first grade are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) performing most basic locomotor, nonlocomotor, and manipulative skills using mature patterns;

(ii) combining locomotor and nonlocomotor skills in a teacher-designed dance.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) moving in self-space; and

(ii) differentiating between fast and slow speeds, strong and light force.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) differentiating between healthy and unhealthy foods;

(ii) discussing the benefits of being active and exercising or playing;

(iii) actively engaging in health enhancement class;

(iv) understanding that muscles grow stronger with physical activity; and

(v) identifying warm-up and cool-down activities related to vigorous physical activity.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) accepting personal responsibility by using equipment and space appropriately;

(ii) following the rules or parameters of the learning environment;

(iii) responding appropriately to general feedback from a teacher;

(iv) exhibiting the established protocols for class activities;

(v) working independently with others in a variety of class environments;

(vi) discussing ways to accept others' ideas, cultural diversity, and body types; and

(vii) following teacher directions for safe participation and proper use of equipment without teacher reminders.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) identifying physical activity as a component of good health;

(ii) understanding challenges in physical activities can lead to success; and

(iii) describing positive results gained from participating in physical activities with others.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.714 Physical Education Standards for Second Grade

(1) The physical education standards for second grade are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) performing basic locomotor, nonlocomotor, and manipulative skills in mature patterns; and

(ii) performing rhythmic activity with correct response to simple rhythms.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) identifying games, sports, or dances performed in other cultures; and

(ii) combining locomotor skills in general space to rhythm or beat.

(c) demonstrate the knowledge and skills needed to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) recognizing the balance of good nutrition with physical activity;

(ii) describing physical activities outside health enhancement class;

(iii) actively engaging in health enhancement class in response to instruction and practice;

(iv) identifying physical activities which contribute to developing strength and fitness; and

(v) describing warm-up and cool-down activities related to vigorous physical activity.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) practicing skills with minimal teacher prompting;

(ii) accepting responsibility for class protocols with behavior and performance actions;

(iii) accepting specific corrective feedback from a teacher;

(iv) recognizing the role of rules and etiquette in teacher-designed physical activities;

(v) working independently with others in partner environments;

(vi) recognizing ways to accept others' ideas, cultural diversity, and body types during games and physical activities; and

(vii) working independently and safely in physical activity settings.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) describing the value of "good health balance";

(ii) comparing physical activities that bring confidence and challenges; and

(iii) discussing positive results gained from participating in physical activities with others.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.715 Physical Education Standards for Third Grade

(1) The physical education standards for third grade are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) performing a combination of motor skills in various contexts; and

(ii) performing developmentally appropriate dance steps and movement patterns.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) discussing the origin of a game, sport, or dance, including traditional and contemporary American Indian contributions and cultures; and

(ii) recognizing the concept of open space in movement context.

(c) demonstrate the knowledge and skills needed to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) identifying foods that are beneficial for pre- and post-physical activity;

(ii) charting participation in physical activities outside health enhancement class;

(iii) engaging in the activities of health enhancement class without teacher prompting;

(iv) describing the concept of physical fitness and provide examples of physical activity that enhances fitness; and

(v) recognizing the importance of warm-up and cool-down activities related to vigorous physical activity.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) practicing personal responsibility in teacher-directed activities;

(ii) working independently for extended periods of time;

(iii) accepting and implementing specific corrective teacher feedback;

(iv) recognizing the role of rules and etiquette in physical activity with peers;

(v) supporting and working cooperatively with others;

(vi) discussing ways to accept others' ideas, cultural diversity, and body types during games and physical activity; and

(vii) working independently and safely in physically active settings.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) discussing the relationship between physical activity and good health;

(ii) discussing the challenge that comes from learning a new physical activity; and

(iii) describing the positive social interactions that come when engaged with others in physical activity.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.716 Physical Education Standards for Fourth Grade

(1) The physical education standards for fourth grade are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) using a combination of motor skills to engage in a variety of activities; and

(ii) combining locomotor movement patterns and dance steps used in an original dance.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) discussing the origin of a variety of games, sports, or dances, including traditional and contemporary American Indian contributions and cultures; and

(ii) understanding the concept of open spaces to activities such as combination skills, small-sided practice tasks, gymnastics, and dance environments.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) discussing the importance of hydration and hydration choices relative to physical activities;

(ii) analyzing opportunities for participating in physical activities outside health enhancement class;

(iii) actively engaging in the activities of health enhancement class, both teacher-directed and independent;

(iv) identifying the components of health-related fitness; and

(v) engaging in warm-up and cool-down activities related to cardio-respiratory fitness assessment.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) demonstrating responsible behavior in independent group situations;

(ii) reflecting on personal social behavior in physical activity;

(iii) listening respectfully to corrective feedback from others;

(iv) adhering to rules of etiquette in a variety of physical activities;

(v) recognizing and supporting individual differences in movement performance at all skill levels;

(vi) describing ways to accept others' ideas, cultural diversity, and body types during games and physical activities;

(vii) working safely with peers and equipment in physical activity settings.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) examining the health benefits of participating in physical activity;

(ii) rating the enjoyment of participating in challenging and mastered physical activities; and

(iii) describing and comparing the positive social interactions when engaged in partner, small-group, and large-group physical activities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.717 Physical Education Standards for Fifth Grade

(1) The physical education standards for fifth grade are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) exhibiting competency in fundamental motor skills and selected combinations of skills; and

(ii) combining locomotor skills in cultural as well as creative dances (self and group), including those of traditional and contemporary American Indian cultures, with correct rhythm and pattern.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) recognizing that many different countries and cultures have been the origin of games, sports, and dance, including those of traditional and contemporary American Indian cultures; and

(ii) combining spatial concepts with locomotor and nonlocomotor movements for small groups in gymnastics, dance, and games environments.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) analyzing the impact of food choices related to physical activity, youth sports, and personal health;

(ii) charting and analyzing fitness benefits of physical activity outside health enhancement class;

(iii) actively participating in all activities of health enhancement class;

(iv) differentiating between skill-related and health-related fitness; and

(v) identifying the need for warm-up and cool-down activities related to various physical activities.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) participating in physical activity with responsible interpersonal behavior;

(ii) participating with responsible personal behavior in a variety of physical activity contexts, environments, and facilities;

(iii) giving corrective feedback respectfully to peers;

(iv) critiquing the etiquette involved in rules of various activities;

(v) accepting, recognizing, and actively involving others with both higher and lower skill abilities into physical activities and group projects;

(vi) accepting others' ideas, cultural diversity, and body types by engaging in cooperative and collaborative movement projects; and

(vii) applying safety principles with physical activities.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) comparing the health benefits of participating in selected physical activities;

(ii) expressing, through various media, the enjoyment and challenge of participating in a favorite physical activity; and

(iii) analyzing the social benefits gained from participating in physical activity.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.718 Physical Education Standards for Sixth Through Eighth Grades

(1) The physical education standards for sixth through eighth grades are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) performing, with mature form, locomotor, nonlocomotor, and manipulative skills necessary for participating in games and sports, outdoor pursuits, and individual performance activities; and

(ii) identifying correct rhythm and pattern for a different dance form among folk, social, creative, line, and world dance, including those of traditional and contemporary American Indian cultures.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) researching the history and origin of various games, sports, and dance, including those of traditional and contemporary American Indian cultures;

(ii) using tactics to create open space and close space during small-side play by combining locomotor movements; and

(iii) describing and applying a variety of movement concepts.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) describing the relationship between poor nutrition and health risk factors;

(ii) identifying the five components of health-related fitness and explaining the connections between fitness and overall physical and mental health;

(iii) identifying forms of technology and social media that support a healthy, active lifestyle;

(iv) participating in a variety of self-selected aerobic fitness activities, and lifetime activities outside of health enhancement class;

(v) planning and implementing a program to enhance personal fitness;

(vi) comparing and contrasting health-related fitness components;

(vii) describing the role of stretching and flexibility in injury prevention; and

(viii) explaining how body systems interact with one another during physical activity.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) accepting responsibility for improving one's own levels of physical activity and fitness;

(ii) explaining practices that promote responsible behavior of self and others in a variety of physical activities;

(iii) providing encouragement and feedback to peers without prompting from teacher;

(iv) applying rules and etiquette by acting as an official during modified games, dance, and rhythm;

(v) cooperating with classmates on problem-solving initiatives during adventure activities, large-group initiatives, and game play;

(vi) responding appropriately to participant's ethical and unethical behavior during physical activity by using roles and guidelines for resolving conflicts;

(vii) providing ways to accept others' ideas, cultural diversity, and body types by engaging in cooperative and collaborative movement projects; and

(viii) identifying safety concerns and using physical activity and fitness equipment appropriately.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and/or social interaction by:

(i) identifying the five components of health-related fitness and explaining the connection between fitness and overall physical and mental health;

(ii) developing a plan of action and making appropriate decisions based on that plan when faced with an individual challenge; and

(iii) comparing and contrasting various physical activities for their social benefit.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Mont. Admin. R. 10.53.719 Physical Education Standards for Ninth Through Twelfth Grades

(1) The physical education standards for ninth through twelfth grades are that each student will be able to:

(a) demonstrate competency in a variety of motor skills and movement patterns by:

(i) refining activity-specific movement skills in one or more lifetime activities;

(ii) exhibiting competency in two or more specialized skills in health-related fitness activities; and

(iii) choreographing or participating in a form of dance.

(b) apply knowledge of concepts, principles, strategies, and tactics related to movement and performance by:

(i) identifying and discussing the historical and cultural roles of games, sports, and dance, including those of traditional and contemporary American Indian cultures;

(ii) comparing similarities and differences in various dance forms, including those of traditional and contemporary American Indian cultures and practices;

(iii) using spatial concepts of locomotor and nonlocomotor movements in outdoor pursuits; and

(iv) identifying the stages of learning a motor skill.

(c) demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness by:

(i) creating a healthy snack plan for before, during, and after exercise that addresses nutrition needs for each phase;

(ii) investigating the relationships among physical activity, nutrition, and body composition;

(iii) analyzing and applying technology and social media as tools to support a healthy, active lifestyle;

(iv) analyzing the impact of life choices, economics, motivation, and accessibility on maintaining physical activity in college or career settings;

(v) creating a plan, training for and participating in a community event with a focus on physical activity, including those of American Indian cultural traditions;

(vi) designing and implementing a strength and conditioning program;

(vii) evaluating the importance of stretching and flexibility in lifetime activities;

(viii) identifying the structure of skeletal muscle and fiber types as they relate to muscle development; and

(ix) identifying the different energy systems used in physical activities.

(d) exhibit responsible personal and social behavior that respects self and others by:

(i) accepting differences between personal characteristics and the idealized body images and elite performance levels portrayed in various media;

(ii) advocating for responsible behavior of self and others in a variety of physical activities;

(iii) analyzing the benefits of a variety of feedback techniques;

(iv) examining moral and ethical conduct in specific competitive situations;

(v) assuming a leadership role in a physical activity setting such as coach, referee, or group leader;

(vi) advocating for acceptance of others' ideas, cultural diversity, and body types by engaging in cooperative and collaborative movement projects; and

(vii) applying best practices for participating safely in physical activity, exercise, and dance.

(e) recognize the value of physical activity for health, enjoyment, self-expression, and or social interaction by:

(i) analyzing the health benefits of a self-selected physical activity;

(ii) choosing an appropriate level of challenge to experience success while participating in a self-selected physical activity; and

(iii) evaluating social interactions and supports in a variety of physical activities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1389, Eff. 7/1/17.

Subchapter 10.53.8 Science Content Standards

Mont. Admin. R. 10.53.801 Science Content Standards

(1) The content areas included in the science standards are:

(a) physical science for which students will use crosscutting concepts, science and engineering practices, and technology while investigating how matter and energy exist in a variety of forms and how physical and chemical interactions change matter and energy;

(b) life science for which students will use crosscutting concepts, science and engineering practices, and technology while investigating the characteristics, structures, and functions of living things; the processes and diversity of life; and how living organisms interact with each other and their environments; and

(c) earth and space science for which students will use crosscutting concepts, science and engineering practices, and technology while investigating the composition, history, and processes that shape earth, the solar system, and the universe.

(2) Students will learn science with integration of content area ideas, crosscutting concepts, science and engineering practices, and technology.

(3) Content standards for science ensure integration of the history, contemporary portrayals, and contributions of American Indians, with an emphasis on Montana Indians, for all students, across all content areas. Students will understand that American Indians' use of scientific knowledge and practices are interdisciplinary and are a valid way to learn about the natural world.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.802 Definitions

(1) For purposes of science content standards contained in this subchapter, the following definitions apply:

(a) "Crosscutting concepts" are those that connect learning across the different areas of disciplinary content. They are:

(i) patterns;

(ii) cause and effect;

(iii) scale, proportion, and quantity;

(iv) systems and system models;

(v) energy and matter, flows, cycles, and conservation;

(vi) structure and function; and

(vii) stability and change.

(b) "Science and engineering practices" are methods of inquiry by which ideas are developed and refined. They are:

(i) asking questions as it applies to science and defining problems as it applies to engineering;

(ii) developing and using models;

(iii) planning and carrying out investigations;

(iv) analyzing and interpreting data;

(v) using mathematics and computational thinking;

(vi) constructing explanations as it applies to science and designing solutions as it applies to engineering;

(vii) engaging in argument from evidence; and

(viii) obtaining, evaluating, and communicating information.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.803 Science Content Standards for Kindergarten

(1) Physical science content standards for kindergarten are that each student will:

(a) plan and conduct an investigation to compare the effects of different strengths or different directions of pushes and pulls on the motion of an object;

(b) analyze data to determine whether a design solution works as intended to change the speed or direction of an object with a push or a pull;

(d) use tools and materials to design and build a structure to reduce the warming effect of sunlight on an area.

(2) Life science content standards for kindergarten are that each student will:

(a) use observations to describe patterns of what plants and animals, including humans, need to survive.

(3) Earth and space science content standards for kindergarten are that each student will:

(a) construct an argument supported by evidence for how plants and animals, including humans, can change the environment to meet their needs;

(b) use a model to represent the relationship between the needs of different plants or animals, including humans, and the places they live;

(c) communicate ideas about the impact of humans on the land, water, air, or other living things in the local environment;

(d) use and share observations of local weather conditions to describe patterns over time; and

(e) ask questions to obtain information about the purpose of weather forecasting to predict, prepare for, and respond to weather.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.804 Science Content Standards for First Grade

(1) Physical science content standards for first grade are that each student will:

(a) plan and conduct investigations to provide evidence that vibrating materials can make sound and that sound can cause materials to vibrate;

(b) make observations to construct an evidence-based explanation that objects can be seen only when illuminated;

(c) plan and conduct an investigation to determine the effect of placing objects made with different materials in the path of a beam of light; and

(d) design a solution or build a device that facilitates communication over distance using light or sound.

(2) Life science content standards for first grade are that each student will:

(a) use materials to design a solution to a human problem by mimicking plant and animal structures and functions that help them survive, grow, and meet their needs;

(b) use information from print and other media to identify patterns in behavior of parents and offspring that help offspring survive; and

(3) Earth and space science content standards for first grade are that each student will:

(a) use observations of the sun, moon, and stars to describe patterns that can be predicted; and

(b) make observations at different times of year to relate the amount of daylight to the time of year.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.805 Science Content Standards for Second Grade

(1) Physical science content standards for second grade are that each student will:

(a) plan and conduct an investigation to describe and classify various materials by their observable properties;

(b) conduct an investigation and analyze data to determine which materials have the properties best suited for an intended purpose;

(c) make observations to construct an evidence-based claim of how an object made of a small set of pieces can be disassembled and made into a new object; and

(d) construct an argument with evidence that some changes caused by heating or cooling can be reversed and some cannot.

(2) Life science content standards for second grade are that each student will:

(a) plan and conduct a cause and effect investigation to determine whether plants need sunlight and water to grow;

(b) develop a simple model that mimics the structure and function of an animal in dispersing seeds or pollinating plants; and

(3) Earth and space science content standards for second grade are that each student will:

(a) use information from several sources to provide evidence that earth events can occur quickly or slowly;

(b) construct explanations to compare multiple physical and naturally built designs which impact wind's or water's effect on the shape of the land;

(d) obtain information to identify where water is found on earth and that water can be solid, liquid, or gas.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.806 Science Content Standards for Third Grade

(1) Physical science content standards for third grade are that each student will:

(a) plan and conduct an investigation to provide evidence of the effects of balanced and unbalanced forces on the motion of an object;

(b) observe and record qualitative and quantitative data about an object's motion to provide evidence that a pattern can be used to predict future motion;

(c) ask questions to determine cause and effect relationships of electric or magnetic interactions between two objects not in contact with each other; and

(d) define a simple design problem that can be solved by applying scientific ideas about magnets.

(2) Life science content standards for third grade are that each student will:

(a) construct an argument with evidence that in a particular habitat some organisms can survive well, some survive less well, and some cannot survive at all;

(b) make a claim about the effectiveness of a solution to a problem caused when the environment changes and that the types of plants and animals that live there may change;

(c) construct a cause and effect argument communicating some animals, including humans, form groups and communities that help members survive;

(d) analyze and interpret data from fossils to provide evidence of the organisms and the environments in which they lived long ago;

(e) develop models to describe that organisms have unique and diverse life cycles but all have in common birth, growth, reproduction, and death;

(f) analyze and interpret data to provide evidence that plants and animals have traits inherited from parents and that variation of these traits exists in a group of similar organisms;

(g) use evidence to support the explanation that traits can be influenced by the environment; and

(h) use evidence to construct an explanation for how the variations in characteristics among individuals of the same species may provide advantages in surviving, finding mates, and reproducing.

(3) Earth and space science content standards for third grade are that each student will:

(a) obtain and represent data using tables and graphical displays to describe observed and predicted weather conditions during a particular season;

(b) obtain and combine information to describe climate patterns in different regions of the world; and

(c) make a claim based on information about the merit of a design solution that reduces the impacts of a weather-related hazard.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.807 Science Content Standards for Fourth Grade

(1) Physical science content standards for fourth grade are that each student will:

(a) use evidence to describe the relationship between the speed of an object and the energy of that object;

(b) make observations to provide evidence of transfer of energy from place to place by sound, light, heat, and electric currents;

(d) apply scientific ideas to design, test, and refine a device that converts energy from one form to another;

(e) develop a model of waves to describe patterns in terms of amplitude and wavelength and that waves can cause objects to move;

(f) develop a model communicating that light reflected from objects into the eye allows objects to be seen; and

(g) generate and compare multiple solutions that use patterns to transfer information.

(2) Life science content standards for fourth grade are that each student will:

(a) construct an argument that plants and animals have internal and external structures that function to support survival, growth, behavior, and reproduction; and

(b) use a model to describe that animals receive different types of information through their senses, process the information in their brain, and respond to the information in different ways.

(3) Earth and space science content standards for fourth grade are that each student will:

(a) obtain and combine information from a variety of sources to communicate that energy and fuels are derived from natural resources and their uses affect the environment;

(b) identify evidence from patterns in rock formations and fossils in rock layers to support an explanation for changes in a landscape over time;

(c) make observations or measurements to provide evidence of the effects of weathering or the rate of erosion by water, ice, wind, or vegetation;

(d) analyze and interpret data from maps as evidence to make a claim about patterns of earth's features; and

(e) generate and compare multiple solutions to reduce the impacts of natural earth processes on humans.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.808 Science Content Standards for Fifth Grade

(1) Physical science content standards for fifth grade are that each student will:

(a) develop a model to communicate that matter is made of particles too small to be seen;

(b) measure and graph quantities to provide evidence that the total mass of matter is conserved regardless of the type of change that occurs when heating, cooling, or mixing substances;

(c) observe and record qualitative and quantitative evidence to support identification of materials based on their properties;

(d) conduct an investigation that produces quantitative and qualitative data to analyze whether the mixing of two or more substances results in new substances;

(e) use models to describe that energy in animals' food was once energy from the sun; and

(f) support an argument that the gravitational force exerted by earth on objects is directed toward the center of the earth.

(2) Life science content standards for fifth grade are that each student will:

(a) support an argument that plants get the materials they need for growth chiefly from air and water; and

(b) develop and critique a model to describe the movement of matter among plants, animals, decomposers, and the environment.

(3) Earth and space science content standards for fifth grade are that each student will:

(a) develop a model using an example to describe ways the geosphere, biosphere, hydrosphere, or atmosphere interact;

(b) graph and explain the proportion and quantities of water and fresh water in various natural and human-made reservoirs to provide evidence about the distribution of water on earth;

(c) obtain and combine information from various sources about ways individual communities use science ideas to protect the earth's resources, environment, and systems and describe examples of how American Indians use scientific knowledge and practices to maintain relationships with the natural world;

(d) use evidence or models to support the claim that differences in the apparent brightness of the sun compared to other stars is due to their relative distances from earth; and

(e) graph the daily changes in the length, shape, and direction of shadows; lengths of day and night; and the seasonal appearance of select stars to communicate the patterns of the earth's movement and describe how astronomical knowledge is used by American Indians.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.809 Science Content Standards for Sixth Through Eighth Grades

(1) Physical science content standards for sixth through eighth grades are that each student will:

(a) develop and critique models that describe the atomic composition of simple molecules and extended structures;

(b) analyze and interpret data on the properties of substances before and after the substances interact to determine if a chemical reaction has occurred;

(d) develop a model that predicts and describes changes in particle motion, temperature, and state of a pure substance when thermal energy is added or removed;

(e) develop, use, and critique a model to describe how the total number of atoms does not change in a chemical reaction and thus mass is conserved;

(f) undertake a design project to construct, test, and modify a device that either releases or absorbs thermal energy by chemical processes;

(g) apply Newton's Third Law of Motion to design a solution to a problem involving the motion of two colliding objects;

(h) plan an investigation to provide evidence that the change in an object's motion depends on the sum of the forces on the object and the mass of the object;

(i) ask questions about data to determine the factors affecting electric and magnetic force strengths;

(j) construct and present arguments using evidence to support the claim that gravitational interactions are attractive and depend on the mass of interacting objects;

(k) design and conduct an investigation to provide evidence that fields exist between objects exerting forces on each other even though the objects are not in contact;

(l) construct and interpret graphic displays of data to describe the relationships of kinetic energy to the mass of an object and to the speed of an object;

(m) develop and critique models to describe that when the arrangement of objects interacting at a distance changes, different amounts of potential energy are stored in the system;

(n) apply scientific principles to design, construct, and test a device that minimizes or maximizes thermal energy transfer;

(o) plan an investigation to determine the relationships among the energy transferred, the type of matter, the mass, and the change in the average kinetic energy of the particles as measured by the temperature of the sample;

(p) construct, use, and present arguments to support the claim that when the kinetic energy of an object changes, energy is transferred to or from the object;

(q) use mathematical representations to describe a simple model for waves that includes how the amplitude and wavelength of a wave is related to the energy in a wave; and

(r) develop and use a model to describe that waves are reflected, absorbed, or transmitted through various materials.

(2) Life science content standards for sixth through eighth grades are that each student will:

(a) conduct an investigation to provide evidence that living things are made of cells, either one cell or many different numbers and types of cells;

(b) develop and use a model to describe the structure and function of a cell as a whole and ways parts of cells contribute to the function;

(c) use argument supported by evidence for how the body is a system of interacting subsystems composed of groups of cells;

(d) construct a scientific explanation based on evidence for the role of photosynthesis in the cycling of matter and flow of energy into and out of organisms;

(e) develop a model to describe how food is rearranged through chemical reactions forming new molecules that support growth, release energy, or both, as this matter moves through an organism;

(f) analyze and interpret data to provide evidence for the effects of resource availability on organisms and populations of organisms in an ecosystem and analyze scientific concepts used by American Indians to maintain healthy relationships with environmental sources;

(g) develop a model to describe the cycling of matter and flow of energy among living and nonliving parts of an ecosystem;

(h) construct an explanation that predicts patterns of interactions among organisms across multiple ecosystems;

(i) evaluate competing design solutions for maintaining biodiversity and ecosystem services;

(j) use argument based on empirical evidence and scientific reasoning to support an explanation for how characteristic animal behaviors and specialized plant structures affect the probability of successful reproduction of animals and plants respectively;

(k) construct a scientific explanation based on evidence for how environmental and genetic factors influence the growth and development of organisms;

(l) develop and use a model to describe why structural changes to genes, such as mutations, may affect proteins and may result in harmful, beneficial, or neutral effects to the structure and function of the organism;

(m) develop and use a model to describe why asexual reproduction results in offspring with identical genetic information and sexual reproduction results in offspring with genetic variation;

(n) gather and synthesize information about the technologies that have changed the way humans influence the inheritance of desired traits in organisms;

(o) analyze and interpret data for patterns in the fossil record that document the existence, diversity, extinction, and change of life forms throughout the history of life on earth under the assumption that natural laws operate today as in the past;

(p) apply scientific ideas to construct an explanation for the anatomical similarities and differences among modern organisms and between modern and fossil organisms to infer evolutionary relationships;

(q) analyze displays of pictorial data to compare patterns of similarities in the embryological development across multiple species to identify relationships not evident in the fully formed anatomy;

(r) construct an explanation based on evidence that describes how genetic variations of traits in a population increase some individuals' probability of surviving and reproducing in a specific environment; and

(s) use mathematical representations to support explanations of how natural selection may lead to increases and decreases of specific traits in populations over time.

(3) Earth and space science content standards for sixth through eighth grades are that students will:

(a) develop and use a model of the earth-sun-moon system to describe the cyclic patterns of lunar phases, eclipses of the sun and moon, and seasons;

(b) develop and use a model to describe the role of gravity in the motions within galaxies and the solar system;

(d) construct a scientific explanation based on evidence from rock strata for how the geologic time scale is used to organize earth's 4.6 billion-year-old history;

(e) construct an explanation based on evidence for how geoscience processes have changed earth's surface at varying time scales and spatial scales;

(f) analyze and interpret data on the distribution of fossils and rocks, continental shapes, and seafloor structures to provide evidence of the past plate motions;

(g) develop a model to describe the cycling of earth's materials and the flow of energy that drives this process;

(h) develop a model to describe the cycling of water through earth's systems driven by energy from the sun and the force of gravity;

(i) construct a scientific explanation based on evidence for how the uneven distributions of earth's mineral, energy, and groundwater resources are the result of past and current geoscience processes;

(j) collect data to provide evidence for how the motions and complex interactions of air masses result in changes in weather conditions;

(k) develop and use a model to describe how unequal heating and rotation of the earth cause patterns of atmospheric and oceanic circulation that determine regional climates;

(l) ask questions to clarify evidence of the factors that have caused the rise in global temperatures over the past century;

(m) analyze and interpret data on natural hazards to forecast future catastrophic events and inform the development of technologies to mitigate their effects;

(n) apply scientific principles to design a method for monitoring and minimizing a human impact on the environment; and

(o) construct an argument supported by evidence for how increases in human population and per-capita consumption of natural resources impact earth's systems including indigenous populations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.810 Science Content Standards for Ninth Through Twelfth Grades

(1) Physical science content standards for ninth through twelfth grades are that each student will:

(a) use the periodic table as a model to predict the relative properties of elements based on the patterns of electrons in the outermost energy level of atoms;

(b) plan and conduct an investigation to gather evidence to compare the structure of substances at the bulk scale to infer the strength of electrical forces between particles;

(c) develop models to illustrate the changes in the composition of the nucleus of the atom and the energy released during the processes of fission, fusion, and radioactive decay;

(d) communicate through scientific and technical information roles of molecular-level structure in the functioning of designed materials;

(e) construct and revise an explanation for outcomes of simple chemical reactions based on outer electron states of atoms, trends in the periodic table, and patterns of chemical properties;

(f) develop a model to illustrate that the release or absorption of energy from chemical reactions is dependent upon changes in total bond energy;

(g) apply scientific principles and evidence to provide an explanation about the effects of changing the temperature or concentration of the reacting particles on the rate at which a reaction occurs;

(h) refine the design of a chemical system by specifying changes in conditions that would alter the amount of products at equilibrium;

(i) use mathematical representations to support the claim that atoms, and therefore mass, are conserved during a chemical reaction;

(j) analyze data to support the claim that Newton's Second Law of Motion describes the mathematical relationship among the net force on a macroscopic object, its mass, and its acceleration;

(k) use mathematical representations to demonstrate how total momentum of a system is conserved when there is no net force on the system;

(l) apply scientific and engineering ideas to design, evaluate, and refine a device that minimizes forces on an object during collisions;

(m) use a mathematical representation of Newton's Law of Gravitation and Coulomb's Law to explain gravitational and electrostatic forces between objects;

(n) plan and conduct investigations to provide evidence that electric currents can produce magnetic fields and changing magnetic fields can produce electric currents;

(o) create a computational model to calculate the change in the energy of one component in a system when the change in energy of the other component and energy flows in and out of the system are known;

(p) develop and use models to illustrate that energy at the macroscopic scale can be accounted for as a combination of energy associated with the motions of particles and energy associated with the relative position of particles;

(q) design, build, and refine a device that works within given constraints to convert one form of energy into another form of energy;

(r) plan and conduct an investigation to provide evidence that the transfer of thermal energy when two components of different temperature are combined within a closed system results in a more uniform energy distribution among the components in the system;

(s) develop and use a model of two objects interacting through electric or magnetic fields to illustrate the forces between objects and the change in energy of the objects due to the interaction;

(t) use mathematical representations to support a claim regarding relationships among the frequency, amplitude, wavelength, and speed of waves traveling in various media;

(u) evaluate the claims, evidence, and reasoning behind the idea that electromagnetic radiation can be described either by a wave model or a particle model, and that for some situations one model is more useful than the other;

(v) evaluate the validity and reliability of claims in published materials of the effects that different frequencies of electromagnetic radiation have when absorbed by matter; and

(w) communicate technical information about how some technological devices use the principles of wave behavior and wave interactions with matter to transmit and capture information and energy.

(2) Life science content standards for ninth through twelfth grades are that each student will:

(a) construct an explanation based on evidence for how the structure of DNA determines the structure of proteins which carry out the essential functions of life through systems of specialized cells;

(b) develop and use a model to illustrate the organizational structure of interacting systems that provide specific functions within multicellular organisms;

(d) use a model to illustrate how photosynthesis transforms light energy into stored chemical energy;

(e) construct an explanation based on evidence from multiple sources for how carbon, hydrogen, nitrogen, oxygen, phosphorus, and sulfur may combine with other elements to form organic macromolecules with different structures and functions;

(f) use a model to illustrate that cellular respiration is a chemical process whereby the bonds of food molecules and oxygen molecules are broken and the bonds in new compounds are formed resulting in a net transfer of energy;

(g) construct and revise an explanation based on evidence for the cycling of matter and flow of energy in aerobic and anaerobic conditions;

(h) use mathematical representations to support claims for the cycling of matter and flow of energy among organisms in an ecosystem;

(i) use mathematical or computational representations to support arguments about environmental factors that affect carrying capacity, biodiversity, and populations in ecosystems;

(j) evaluate the claims, evidence, and reasoning that the complex interactions in ecosystems maintain relatively consistent numbers and types of organisms in stable conditions, but changing conditions may result in a new ecosystem;

(k) design, evaluate, and refine a solution for reducing the direct and indirect impacts of human activities on the environment and biodiversity and analyze scientific concepts used by American Indians to maintain healthy relationships with environmental resources;

(l) construct an explanation using evidence from multiple sources to describe the role of cellular division and differentiation in producing and maintaining complex organisms;

(m) make and defend a claim based on evidence from multiple sources that inheritable genetic variations may result from:

(i) new genetic combinations through meiosis;

(ii) viable errors occurring during replication; or

(iii) mutations caused by environmental factors;

(n) apply concepts of statistics and probability to explain the variation and distribution of expressed traits in a population;

(o) evaluate and communicate scientific information about how common ancestry and biological evolution are supported by multiple lines of empirical evidence;

(p) construct an explanation based on evidence that the process of evolution by natural selection primarily results from four factors:

(i) the potential for a species to increase in number;

(ii) the heritable genetic variation of individuals in a species due to mutation and sexual reproduction;

(iii) competition for limited resources; and

(iv) the proliferation of those organisms that are better able to survive and reproduce in the environment;

(q) apply concepts of statistics and probability to support explanations that organisms with an advantageous heritable trait tend to increase in proportion to organisms lacking this trait;

(r) construct an explanation based on evidence for how natural selection leads to adaptation of populations over time;

(s) evaluate the evidence supporting claims that changes in environmental conditions may result in:

(i) changes in the number of individuals of some species;

(ii) the emergence of new species over time; and

(iii) the extinction of other species; and

(t) investigate and explain American Indian perspectives on changes in environmental conditions and their impacts.

(3) Earth and space science content standards for ninth through twelfth grades are that students will:

(a) develop a model based on evidence to illustrate the life span of the sun and the role of nuclear fusion in the sun's core to release energy that eventually reaches earth in the form of radiation;

(b) construct an explanation of the Big Bang theory based on astronomical evidence of light spectra, motion of distant galaxies, and composition of matter in the universe;

(d) use mathematical or computational representations to predict the motion of orbiting objects in the solar system;

(e) evaluate evidence of the past and current movements of continental and oceanic crust and the theory of plate tectonics to explain the ages of crustal rocks;

(f) apply scientific reasoning and evidence from ancient earth materials, meteorites, and other planetary surfaces to construct an account of earth's formation and early history;

(g) develop a model to illustrate how earth's internal and surface processes operate at different spatial and time scales to form continental and ocean-floor features;

(h) analyze geoscience data to make the claim that one change to earth's surface can create feedbacks that cause changes to other earth systems;

(i) develop a model based on evidence of earth's interior to describe the cycling of matter by thermal convection;

(j) plan and conduct an investigation of the properties of water and its effects on earth materials and surface processes;

(k) develop a quantitative model to describe the cycling of carbon among the hydrosphere, atmosphere, geosphere, and biosphere;

(l) construct an argument based on evidence about the simultaneous coevolution of earth's systems and life on earth;

(m) use a model to describe how variations in the flow of energy into and out of earth's systems result in changes in climate;

(n) analyze geoscience data and the results from global climate models to make an evidence-based forecast of the current rate of global or regional climate change and associated future impacts to earth systems;

(o) construct an explanation based on evidence for how the availability of natural resources, occurrence of natural hazards, and changes in climate have influenced human activity;

(p) evaluate competing design solutions for developing, managing, and utilizing energy and mineral resources based on cost-benefit ratios;

(q) create a computational simulation to illustrate the relationships among management of natural resources, the sustainability of human populations, biodiversity, and investigate and explain how some American Indian tribes use scientific knowledge and practices in managing natural resources; and

(r) evaluate or refine a technological solution that reduces impacts of human activities on natural systems.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2016 MAR p. 1955, Eff. 7/1/17.

Mont. Admin. R. 10.53.901 Montana Content Standards for Social Studies

(1) The content areas covered by the social studies standards include:

(a) civics and government;

(b) economics;

(d) history.

(2) When a district incorporates or integrates social studies content into district curriculum or offers a course in social studies, the following skills at each grade level may apply:

(a) develop questions;

(b) plan inquiries;

(d) use sources to gather evidence to develop and refine claims;

(e) communicate conclusions; and

(f) take informed action.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.902 The Social Studies Content Standards for Kindergarten

(1) The civics and government content standards for kindergarten are that each student will:

(a) recognize the people who create and carry out rules for the school and classroom;

(b) define that being a citizen of the classroom and school community means following established rules and expectations; and

(2) The economics content standards for kindergarten are that each student will:

(a) explain and identify examples of goods and services; and

(b) describe goods and products that are produced in local regions.

(3) The geography content standard for kindergarten is that each student will use maps, and other representations, to describe place characteristics.

(4) The history content standard for kindergarten is that each student will distinguish between past, present, and future time.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.903 The Social Studies Content Standards for First Grade

(1) The civics and government content standards for first grade are that each student will:

(a) demonstrate being a citizen of a classroom and school community through interactions and by following established rules and expectations; and

(b) recognize the people, and their roles, who create and carry out rules for the school and classroom.

(2) The economics content standards for first grade are that each student will:

(a) explain the difference between needs and wants; and

(b) describe goods and products that are produced in local regions.

(3) The geography content standards for first grade are that each student will:

(a) identify and describe human and physical local landmarks; and

(b) construct maps and other representations of familiar places.

(4) The history content standards for first grade are that each student will:

(a) distinguish between past, present, and future time; and

(b) understand how events might be described differently depending on historical contexts and perspectives, including those of tribes in Montana.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.904 The Social Studies Content Standards for Second Grade

(1) The civics and government content standards for second grade are that each student will:

(a) explain the roles of people who help govern different communities including tribal communities; and

(b) demonstrate ways to show good citizenship in the classroom, school, and community.

(2) The economics content standards for second grade are that each student will:

(a) describe the goods and services that people in the local, state, and national community produce;

(b) describe examples of the goods and services that governments provide; and

(3) The geography content standards for second grade are that each student will:

(a) use the basic components of a map to identify physical and political features, including American Indian reservations; and

(b) describe how geography and human activities impact each other.

(4) The history content standards for second grade are that each student will:

(a) identify how people lived differently in the past than they do today;

(b) understand that there are twelve distinct and unique tribes within Montana whose people contribute to modern life; and

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.905 The Social Studies Content Standards for Third Grade

(1) The civics and government content standards for third grade are that each student will:

(a) describe and identify the basic functions of local government, including tribal governments;

(b) recognize that civic participation involves remaining accurately informed about public issues, taking action, and voting in elections; and

(2) The economics content standards for third grade are that each student will:

(a) compare the benefits and costs of individual choices;

(b) identify examples of human and natural resources that are used to produce goods and services; and

(3) The geography content standards for third grade are that each student will:

(a) examine maps and other representations to identify historical and contemporary political and cultural patterns in the Americas;

(b) identify environmental and technological events and conditions and how humans and the environment impact each other; and

(4) The history content standards for third grade are that each student will:

(a) identify tribes in Montana by their original and current names; and

(b) explain how perspective impacts the telling of historical events.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.906 The Social Studies Content Standards for Fourth Grade

(1) The civics and government content standards for fourth grade are that each student will:

(a) demonstrate civic participation within the classroom or school;

(b) practice deliberative processes when making decisions as a group;

national, and tribal governments;

(d) define sovereignty for tribes in Montana; and

(e) identify key foundational documents in Montana's government.

(2) The economics content standards for fourth grade are that each student will:

(a) identify the various pressures and incentives that influence the decisions people make in short term and long term situations;

(b) identify basic elements of Montana's state economic system including agriculture, business, natural resources, and labor;

(d) explain how trade leads to increasing economic interdependence among groups in Montana.

(3) The geography content standards for fourth grade are that each student will:

(a) examine maps and other representations to explain the movement of people;

(b) identify and label the tribes in Montana and their indigenous territories, and current locations;

(d) analyze environmental and technological events and conditions and how humans and the environment impact each other with relation to settlements and migration in Montana.

(4) The history content standards for fourth grade are that each student will:

(a) understand tribes in Montana have their own unique histories;

(b) identify events and policies that have impacted and been influenced by tribes in Montana;

(d) describe how historical accounts are impacted by individual perspectives.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.907 The Social Studies Content Standards for Fifth Grade

(1) The civics and government content standards for fifth grade are that each student will:

(a) examine the diverse origins, ideals, and purposes of rules, laws, and key United States constitutional provisions and other foundational documents;

(b) use deliberative processes when engaging in civic participation within the classroom or school;

(d) explain how democracy relies upon active and responsible participation of citizens; and

(e) describe the basic duties of the three branches of government.

(2) The economics content standards for fifth grade are that each student will:

(a) explain how people have to make choices between wants and needs and evaluate the outcomes or consequences of those choices;

(b) identify positive and negative incentives that influence the decisions people make;

services;

(d) explain the role of money in the exchange of goods and services;

(e) describe the role of manufacturing and agriculture in the economy of

the United States; and

(f) describe how interest rates impact economic decision making.

(3) The geography content standards for fifth grade are that each student will:

(a) identify and label US regions, territories, states and their capitals/major cities;

(b) create, organize, and present geographic information to show settlement patterns in the United States, including impacts on tribal lands; and

(c) analyze environmental and technological events and conditions and how humans and the environment impact each other with relation to settlements and migration.

(4) The history content standards for fifth grade are that each student will:

(a) interpret data presented in timelines;

(b) understand the inter-relationship of chronological historical events;

(d) understand the unique historical perspectives of American Indians; and

(e) analyze historical documents and their impact on tribes in Montana and their sovereignty.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.908 The Social Studies Content Standards for Sixth Through Eighth Grade

(1) The civics and government content standards for sixth through eighth grade are that each student will:

(a) explain a variety of forms of government from the past or present;

(b) explain the structure of and key principles in foundational documents, including the Montana Constitution;

(c) explain how global and American Indian civilizations and governments have contributed to foundational documents of the United States;

(d) distinguish the structure, organization, powers, and limits of government at the local, state, national, and tribal levels;

(e) identify events and leaders that ensure that key United States principles of equality and civil rights are applied to various groups, including American Indians;

(f) demonstrate that the United States government includes concepts of both a democracy and a republic; and

(g) employ strategies for civic involvement that address a state or local, or national issues.

(2) The economics content standards for sixth through eighth grade are that each student will:

(a) explain how economic decisions impact individuals, businesses, and society, including Indigenous societies;

(b) analyze examples of how groups and individuals have considered profit and personal values in making economic choices in the past and/or present;

(d) describe the role of competition in the determination of prices and wages in a market economy;

(e) explain ways in which money facilitates exchange and impacts transactional costs; and

(f) explain how changes in supply, demand, and labor standards cause changes in prices and quantities of goods, services, and other capital.

(3) The geography content standards for sixth through eighth grade are that each student will:

(a) construct and analyze maps using scale, direction, symbols, legends, and projections to gather information about regions across the world;

(b) identify the location of places and regions in the world and understand their physical, political, and cultural characteristics;

(d) explain how the environment and geographic features have affected people and how people have affected the environment throughout Montana, the United States, and the world;

(e) explain the role and impact of spatial patterns of settlement and movement in shaping societies and cultures, including Indigenous cultures;

(f) identify how the historical and contemporary movement of people, goods, and ideas from one area can impact change, conflict, and cooperation in other areas; and

(g) identify the cultural roots of major world regions.

(4) The history content standards for sixth through eighth grade are that each student will:

(a) explore complex civilizations, and identify elements of change and continuity across historical eras in Montana, the Americas, and world history;

(b) analyze how the historical events relate to one another and are shaped by historical context, including societies in the Americas;

(c) analyze how, since European contact, historical events and policies have mutually impacted American Indian and European societies;

(d) identify how new archaeological and scientific information shapes historical understanding;

(e) explain how Montana has changed over time and how this history impacts the present;

(f) understand that there are multiple perspectives and interpretations of historical events;

(g) analyze how people's perspectives shaped the historical narratives they created;

(h) identify limitations and biases in primary and secondary sources, specifically regarding misinformation and stereotypes; and

(i) students understand that the questions people ask shape the conclusions they reach.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Mont. Admin. R. 10.53.909 The Social Studies Content Standards for Ninth Through Twelfth Grade

(1) The civics and government content standards for ninth through twelfth grade are that each student will:

(a) analyze and evaluate the ideas and principles contained in the foundational documents of the United States, and explain how they establish a system of government that has powers, responsibilities, and limits;

(b) analyze the impact of constitutions, laws, treaties and international agreements on the maintenance of domestic and international relationships;

(d) apply civic virtues and democratic principles when working with others;

(e) evaluate how citizens and institutions address social and political problems at the local, state, tribal, national, and/or international levels;

(f) evaluate the American governmental system compared to international governmental systems;

(g) explain the foundations and complexity of sovereignty for federally recognized tribes in Montana;

(h) evaluate appropriate deliberative processes in multiple settings;

(i) evaluate government procedures for making decisions at the local, state, national, tribal, and international levels;

(j) analyze historical, contemporary, and emerging means of changing societies, promoting the common good, and protecting rights;

(k) analyze the impact and roles of personal interests and perspectives, market, media and group influences on the application of civic virtues, democratic principles, constitutional rights, and human rights; and

(l) evaluate citizens' and institutions' effectiveness in ensuring civil rights at the local, state, tribal, national, and international levels;

(2) The economics content standards for ninth through twelfth grade are that each student will:

(a) analyze how pressures and incentives impact economic choices and their costs and benefits for different groups, including American Indians;

(b) explain how economic cycles affect personal financial decisions;

(d) evaluate the extent to which competition among producers, among consumers, and among laborers exists in specific markets;

(e) describe the consequences of competition in specific markets;

(f) evaluate benefits, costs, and possible outcomes of government policies to influence market outcomes;

(g) use current data to explain the influence of changes in spending, production, and the money supply on various economic conditions;

(h) use economic indicators to analyze the current and future state of the economy; and

(i) evaluate the selection of monetary and fiscal policies in a variety of economic conditions.

(3) The geography content standards for ninth through twelfth grade are that each student will:

(a) use geospatial reasoning to create maps to display and explain the spatial patterns of cultural and environmental characteristics;

(b) use geographic data to analyze variations in the spatial patterns of cultural and environmental characteristics at multiple scales;

(c) use maps, satellite images, photographs, and other representations to explain relationships between the locations of places and regions and their political, cultural, and economic dynamics;

(d) analyze relationships and interactions within and between human and physical systems to explain reciprocal influences that occur among them, including American Indians;

(e) evaluate the impact of human settlement activities on the environmental, political, and cultural characteristics of specific places and regions;

(f) analyze the role of geography on interactions and conflicts between various cultures in Montana, the United States, and the world;

(g) evaluate the influence of long-term climate variability on human migration and settlement patterns, resource use, and land uses at local-to-global scales; and

(h) evaluate the consequences of human-driven and natural catastrophes on global trade, politics, and human migration.

(4) The history content standards for ninth through twelfth grade are that each student will:

(a) analyze how unique circumstances of time, place, and historical contexts shape individuals' lives;

(b) analyze change and continuity in historical eras in US and world history;

(d) analyze multiple, and complex causal factors that have shaped major events in US and world history, including American Indian history;

(e) explain events in relation to both their intended and unintended consequences, including governmental policies impacting American Indians;

(f) distinguish between long-term causes and triggering events in developing a historical argument;

(g) analyze how historical, cultural, social, political, ideological, and economic contexts shape people's perspectives;

(h) analyze the ways in which the perspectives of those writing history shaped the history they produced;

(i) evaluate how historiography is influenced by perspective and available historical sources;

(j) analyze perspectives of American Indians in US history;

(k) evaluate the limitations, biases, and credibility of various sources, especially regarding misinformation and stereotypes;

(l) analyze multiple historical sources to pursue further inquiry and investigate additional sources;

(m) integrate evidence from multiple relevant historical sources and interpretations into a reasoned argument about past and present people, events, and ideas; and

(n) construct arguments which reflect understanding and analysis of multiple historical sources, perspectives, and contexts.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2142, Eff. 7/1/21.

Subchapter 10.53.10 Career and Technical Education Content Standards

Mont. Admin. R. 10.53.1001 Montana Content Standards for Career and Technical Education

(1) The content areas covered by the career and technical education standards may include:

(a) act as a responsible and contributing citizen and employee;

(b) apply appropriate academic and technical skills;

(d) communicate clearly, effectively, and with reason;

(e) consider the environmental, social and economic impacts of decisions;

(f) demonstrate creativity and innovation;

(g) employ valid and reliable research strategies;

(h) utilize critical thinking to make sense of problems and persevere in solving them;

(i) model integrity, ethical leadership, and effective management;

(j) plan education and career path aligned to personal goals;

(k) use technology to enhance productivity; and

(l) work productively in teams while using cultural/global competence.

(2) Students will learn career and technical education content across programs of study, also known as Career Pathways, and integrated with academic content.

(3) Programs of study may include:

(a) agriculture, food, and natural resources;

(b) architecture and construction;

(d) business management and administration;

(e) education and training;

(f) finance;

(g) government and public administration;

(h) health sciences;

(i) hospitality and tourism;

(j) human services;

(k) information technology;

(l) law, public safety, corrections and security;

(m) manufacturing;

(n) marketing;

(o) STEM (science, technology, engineering, math); and

(p) transportation, distribution and logistics.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1002 Career and Technical Education Standards for Kindergarten

(1) The career and technical education standards for kindergarten are that each student will:

(a) act as a responsible and contributing citizen and employee by exploring roles of employees, citizens, and community members;

(b) demonstrate creativity and innovation by exploring more than one way to solve a problem;

(i) look for and make use of patterns; and

(ii) try several methods to solve a problem;

(d) plan education and career path aligned to personal goals by identifying various careers.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1003 Career and Technical Education Standards for First Grade

(1) The career and technical education standards for first grade are that each student will:

(a) act as a responsible and contributing citizen and employee by identifying the characteristics of citizenship across jobs and communities;

(b) communicate clearly, effectively, and with reason by recognizing effective communication and active listening skills to foster positive relationships;

(d) utilize critical thinking to make sense of problems and persevere in solving them:

(i) look for and make use of patterns; and

(ii) try several methods to solve a problem;

(e) plan education and career path aligned to personal goals:

(i) identify and describe various careers; and

(ii) work successfully in small and large groups to accomplish tasks within a time frame;

(f) use technology to enhance productivity by exploring how technology is used in different jobs and careers; and

(g) work productively in teams while using cultural/global competence by exploring an awareness of cultural differences to develop a sense of inclusion.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1004 Career and Technical Education Standards for Second Grade

(1) The career and technical education standards for second grade are that each student will:

(a) act as a responsible and contributing citizen and employee by recognizing the rights and responsibilities of citizenship;

(b) communicate clearly, effectively, and with reason by practicing compromise and conflict resolution with support;

(i) compare and contrast safety procedures for different environments and tasks; and

(ii) identify and explain the reasons for personal protective equipment for personal use;

(d) demonstrate creativity and innovation by discussing ways people work

together to solve problems;

(e) utilize critical thinking to make sense of problems and persevere in solving them:

(i) outline and explain the steps to complete a task; and

(ii) try several methods to solve a problem;

(f) model integrity, ethical leadership, and effective management by describing the role of a leader;

(g) plan education and career path aligned to personal goals by identifying and describe basic work skills that contribute to the success of a team;

(h) use technology to enhance productivity by investigating how technology in school and at work enhances learning and connections with others; and

(i) work productively in teams while using cultural/global competence by working cooperatively to examine issues from multiple viewpoints.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1005 Career and Technical Education Standards for Third Grade

(1) The career and technical education standards for third grade are that each student will:

(a) act as a responsible and contributing citizen and employee by identifying characteristics of being a productive employee;

(b) attend to personal health and financial well-being by describing how consumer actions influence the use of resources;

(c) communicate clearly, effectively, and with reason by applying active listening, compromise, and conflict resolution skills;

(d) consider the environmental, social and economic impacts of decisions:

(i) adapt to different environments by adjusting behavior to promote personal and group safety; and

(ii) identify and explain the reasons for personal protective equipment for personal and classroom use;

(e) demonstrate creativity and innovation by exploring the design cycle;

(f) employ valid and reliable research strategies by representing data in multiple formats;

(g) utilize critical thinking to make sense of problems and persevere in solving them:

(i) compare and explain similarities and differences of patterns and operations;

(ii) plan and execute activities to develop a solution or complete a project; and

(iii) test and refine methods to solve a problem;

(h) model integrity, ethical leadership, and effective management:

(i) explain how actions and attitudes impact others; and

(ii) define and give examples of leadership roles;

(i) plan education and career path aligned to personal goals:

(i) explore career options that align with a variety of personal interests; and

(ii) explore how work relates to meeting needs for goods, clothing, shelter, and other necessities for living;

(j) use technology to enhance productivity by explaining how technology is used in homes, schools, and jobs; and

(k) work productively in teams while using cultural/global competence by recognizing and understanding barriers to productive communication.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1006 Career and Technical Education Standards for Fourth Grade

(1) The career and technical education standards for fourth grade are that each student will:

(a) act as a responsible and contributing citizen and employee by exploring consequences of actions in communities and workplace;

(b) attend to personal health and financial well-being by investigating advertising and media that influence behavior;

(d) consider the environmental, social and economic impacts of decisions:

(i) adapt to different environments by adjusting behavior to promote personal and group safety;

(ii) predict potential outcomes of various decisions in a complex environment; and

(iii) identify and explain the consequences of both proper and improper personal protective equipment use;

(e) demonstrate creativity and innovation by exploring innovations and inventions and their originators;

(f) employ valid and reliable research strategies by mapping data for a culture, community, or state;

(g) utilize critical thinking to make sense of problems and persevere in solving them:

(i) identify models that organize and analyze patterns of information; and

(ii) test and refine methods to solve a problem;

(h) model integrity, ethical leadership, and effective management by contributing constructively to teams assuming various roles and responsibilities to work effectively toward a common goal;

(i) plan education and career path aligned to personal goals:

(i) describe how work relates to meeting needs for goods, clothing, shelter, and other necessities for living; and

(ii) prepare personal communications based upon the intended audience;

(j) use technology to enhance productivity by selecting appropriate tools to create and communicate

(k) work productively in teams while using cultural/global competence:

(i) engage with learners from diverse cultures through use of available technology; and

(ii) explain how personal and cultural histories can influence team approaches to completing tasks and projects.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1007 Career and Technical Education Standards for Fifth Grade

(1) The career and technical education standards for fifth grade are that each student will:

(a) act as a responsible and contributing citizen and employee:

(i) identify activities and behaviors that build and strengthen community; and

(ii) define employability skills;

(b) apply appropriate academic and technical skills:

(i) read and comprehend a variety of resources to explain procedures, ideas, or concepts in Career Pathways;

(ii) construct charts, tables, and graphs using mathematical data; and

(iii) apply scientific methods including data gathering, direct and indirect observation, and prediction to solve workplace problems;

(c) attend to personal health and financial well-being by modeling the interrelationships between mental, emotional, social, cultural, intellectual, and physical health;

(d) communicate clearly, effectively, and with reason:

(i) apply safety, responsibility, and ethical use of information to communicate knowledge of Career Pathways; and

(ii) demonstrate employability skills to interact with team members to accomplish group goals;

(e) consider the environmental, social and economic impacts of decisions by evaluating the effectiveness of safety procedures for different environments and tasks;

(f) demonstrate creativity and innovation by communicating complex ideas in creative ways;

(g) employ valid and reliable research strategies by identifying valid data from multiple sources for a variety of career-related research projects;

(h) utilize critical thinking to make sense of problems and persevere in solving them:

(i) interpret data to observe and explain trends;

(ii) compare and contrast multiple approaches to solving a problem or completing a project; and

(iii) test and refine methods to solve a problem;

(i) model integrity, ethical leadership, and effective management by leading a group activity;

(j) plan education and career path aligned to personal goals:

(i) explore education expectations for different career options; and

(ii) performs basic tasks for personal and workplace communication;

(k) use technology to enhance productivity by demonstrating how to work cooperatively and collaboratively with peers when using technology tools; and

(l) work productively in teams while using cultural/global competence by collaborate across cultures when setting teamwork roles and goals.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1008 Career and Technical Education Standards for Sixth Through Eighth Grade

(1) The career and technical education standards for sixth through eighth grades are that each student will:

(a) act as a responsible and contributing citizen and employee:

(i) defend choices related to positive, safe, legal, and ethical behavior; and

(ii) practice employability skills;

(b) apply appropriate academic and technical skills:

(i) develop a product using oral, illustrative, or multimedia communications;

(ii) compose well-organized written documents for the workplace;

(iii) communicate mathematical data using charts, tables, and graphs; and

(iv) integrate and translate scientific methods to technical data using oral, written, and multimedia communications;

(i) investigate the connection between work and financial well-being;

(ii) identify how peers positively or negatively influence personal well-being; and

(iii) develop a personal budget and savings plan;

(d) communicate clearly, effectively, and with reason:

(i) apply employability skills to productively interact with all team members to accomplish group goals; and

(ii) integrate a variety of multimedia applications to effectively organize and present information.

(e) consider the environmental, social and economic impacts of decisions:

(i) evaluate peer behaviors and exhibit personal responsibility to promote personal and group safety in all environments; and

(ii) identify personal protective equipment for workplace, classroom, and personal use, determining when and where it should be utilized;

(f) demonstrate creativity and innovation by developing or modifying an existing innovation to improve the workplace;

(g) employ valid and reliable research strategies:

(i) evaluate the accuracy, credibility, perspective, and relevance of information, media, data, and other resources;

(ii) curate information from multiple sources to make meaningful connections and draw conclusions; and

(iii) apply fair use and copyright laws;

(h) utilize critical thinking to make sense of problems and persevere in solving them:

(i) analyze trends to draw conclusions and explore solutions to problems;

(ii) analyze and explain how individual behaviors influence processes and environments; and

(iii) evaluate resources in testing and refining solutions to problems before asking for assistance;

(i) model integrity, ethical leadership, and effective management:

(i) examine the importance of professional ethics, cultural, and legal responsibilities of the workplace;

(ii) evaluate alternative responses to workplace situations; and

(iii) describe the diversity of workplace environments;

(j) plan education and career path aligned to personal goals:

(i) develop programs of study for various Career Pathways, examining outlook, salary, education, job duties, and lifestyle; and

(ii) identify job opportunities, and organize and synthesize information about career skills and requirements for applications.

(k) use technology to enhance productivity:

(i) explain how scientific and technological changes impact specific careers; and

(ii) describe the role of technology within a community in maintaining safe and healthy environments;

(l) work productively in teams while using cultural/global competence:

(i) evaluate local and global challenges; and

(ii) evaluate diversity and inclusion language in documents and policies.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Mont. Admin. R. 10.53.1009 Career and Technical Education Standards for Ninth Through Twelfth Grade

(1) The career and technical education standards for ninth through twelfth grades are that each student will:

(a) act as a responsible and contributing citizen and employee:

(i) engage in positive, safe, legal, and ethical behavior; and

(ii) model industry-identified, career-ready skills;

(b) apply appropriate academic and technical skills:

(i) compose clear and coherent documents and presentations appropriate to task, purpose, and audience;

(ii) demonstrate knowledge of mathematical operations needed to succeed in a selected Career Pathway;

(iii) apply appropriate scientific methods in qualitative and quantitative analysis in a selected Career Pathway;

(i) evaluate validity of health and financial information, products, and services;

(ii) analyze financial practices including budgeting, banking, savings, investments;

(iii) explain significance in achieving personal and business short and long term goals; and

(iv) develop financial goals based on lifestyle expectations, education plans, and career choices;

(d) communicate clearly, effectively, and with reason:

(i) model integrity, ethical leadership, and effective employability skills in all communication;

(ii) evaluate and use information systems to prepare technical documents for the workplace;

(iii) model appropriate strategies for communicating persuasively in professional settings to effectively interact with individuals from various cultural, ethnic, and language backgrounds; and

(iv) employ awareness of world cultures and languages in work-based learning opportunities;

(e) consider the environmental, social, and economic impacts of decisions:

(i) design and construct safe working environments according to government and industry standards;

(ii) create plans and policies that reflect deep understanding of individual histories and societal complexities in a work environment; and

(iii) integrate personal protective equipment use regularly in necessary

environments;

(f) demonstrate creativity and innovation:

(i) design and implement an innovation; and

(ii) evaluate peer innovations and provide feedback;

(g) employ valid and reliable research strategies:

(i) use evidence from multiple sources to defend a position;

(ii) determine various research methodologies based on a defined problem/purpose; and

(iii) identify research protocols required to ensure legality, validity, and reliability;

(h) utilize critical thinking to make sense of problems and persevere in solving them:

(i) devise forecasts or solutions to problems that reflect analysis of trends;

(ii) utilize understanding of resources and culture to devise collaborative solutions to problems; and

(iii) utilize multiple resources to test and refine solutions to a problem;

(i) model integrity, ethical leadership, and effective management:

(i) apply laws, regulations, and policies to personnel situations that help employees perform their jobs according to employer rules and expectations;

(ii) apply insight to positively influence others’ actions, attitudes, and beliefs based on the needs of the workplace; and

(iii) create and modify procedures to most effectively function within laws, regulations, and policies;

(j) plan education and career path aligned to personal goals:

(i) execute a program of study following a Career Pathway, evaluating the opportunities for personal and professional lifelong learning;

(ii) explore the benefits of having a personal or career mentor;

(iii) construct and complete resumes, applications, and other necessary work-related documents;

(iv) evaluate job descriptions that align to a selected Career Pathway and the necessary skill set; and

(v) prepare and practice for, and demonstrate skills needed for job interviews in a selected Career Pathway;

(k) use technology to enhance productivity:

(i) describe how job market changes have resulted from scientific advancements and the increased use of technology in the global economy;

(ii) evaluate the purpose of technology tools and multimedia to analyze their impact on productivity in homes, schools, and workplaces;

(iii) safely and ethically use current industry-standard and emerging technologies; and

(iv) model appropriate communication and technological skills to seek, obtain, and change jobs/careers; and

(l) work productively in teams while using cultural/global competence by collaborating to address geographic, economic, cultural, or political issues considering multiple perspective.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2136, Eff. 7/1/21.

Subchapter 10.53.11 Computer Science Content Standards

Mont. Admin. R. 10.53.1101 Montana Content Standards for Computer Science

(1) The content areas covered by the computer science standards may include:

(a) algorithms and programming;

(b) computing systems;

(d) impacts of computing; and

(e) computer science networks and the internet.

(2) When a district incorporates or integrates computer science content into district curriculum or offers a course in computer science, the following skills at each grade level apply:

(a) fostering an inclusive computing culture;

(b) collaborating around computing;

(d) developing and using abstractions;

(e) creating computational artifacts;

(f) testing and refining computational artifacts; and

(g) communicating about computing.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1102 Computer Science Content Standards for Kindergarten

(1) Computer science algorithms and programming standards for kindergarten are:

(a) follow step-by-step instructions; and

(b) recognize that numbers and symbols represent information.

(2) Computer science computing systems standards for kindergarten are:

(a) identify computing devices; and

(b) identify examples of common hardware and software.

(3) Computer science data and analysis standards to kindergarten are:

(a) collect and categorize data;

(b) retrieve information; and

(4) Computer science impacts of computing standards for kindergarten are:

(a) work respectfully and responsibly in groups; and

(b) keep login information private and log off devices appropriately.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1103 Computer Science Content Standards for First Grade

(1) Computer science algorithms and programming standards for first grade are:

(a) retell step-by-step instructions to complete a task;

(b) use numbers and symbols to represent information; and

(2) Computer science computing systems standards for first grade are:

(a) identify tasks that can be performed by computing devices;

(b) use appropriate terminology in identifying common hardware and software problems; and

(3) Computer science data and analysis standards for first grade are:

(a) collect and categorize data in up to three categories;

(b) retrieve, arrange and modify information; and

(4) Computer science impacts of computing standards for first grade are:

(a) work respectfully and responsibly in groups; and

(b) keep login information private and log off devices appropriately.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1104 Computer Science Content Standards for Second Grade

(1) The computer science algorithms and programming standards for second grade are:

(a) model daily processes by creating and following sets of step-by-step instructions to complete tasks;

(b) model the way programs store and manipulate data by using numbers or other symbols to represent information;

(d) break down the steps needed to solve a problem into a precise sequence of instructions.

(2) Computer science computing systems standards for second grade are:

(a) select and operate appropriate tools to perform a variety of tasks;

(b) use appropriate terminology in identifying and describing the function of common hardware and software; and

(3) Computer science data and analysis standards for second grade are:

(a) collect and present the data in various visual formats;

(b) define data as gathered and stored information; and

(4) Computer science impacts of computing standards for second grade are:

(a) identify how computing technology has changed how people live and work;

(b) work respectfully and responsibly online; and

(5) Computer science networks and the internet standards for second grade are:

(a) explain what passwords are and why they are used; and

(b) recognize that computing devices and the internet enable people to connect with other people, places, information, and ideas.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1105 Computer Science Content Standards for Third Grade

(1) Computer science algorithms and programming standards for third grade are:

(a) compare and contrast multiple algorithms to complete the same task;

(b) break down problems into smaller, manageable subproblems to facilitate the program development process;

(d) identify intellectual property rights and give appropriate credit when creating or remixing programs.

(2) Computer science computing systems standards for third grade are:

(a) identify the internal and external parts of computing devices; and

(b) determine potential solutions to solve simple hardware and software problems using common troubleshooting strategies.

(3) Computer science data and analysis standards for the third grade are:

(a) collect data from multiple sources and display the data in graphs;

(b) describe multiple types of data; and

(4) Computer science impacts of computing standards for third grade are:

(a) collect diverse perspectives for the purpose of improving computational artifacts;

(b) identify rules associated with the appropriate use of digital information when creating computational artifacts; and

(5) Computer science networks and the internet standards for third grade are to identify how personal information can be protected.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1106 Computer Science Content Standards for Fourth Grade

(1) Computer science algorithms and programming standards for fourth grade are:

(a) compare and refine multiple algorithms for the same task and determine which is the most appropriate;

(b) break down problems into smaller, manageable subproblems to facilitate the program development process; and

(2) Computer science computing systems standards for fourth grade are:

(a) explain the function of individual internal and external parts; and

(b) determine potential solutions to solve simple hardware and software problems using common troubleshooting strategies.

(3) Computer science data and analysis standards for fourth grade are:

(a) select and use appropriate non-digital and digital tools to collect and represent data;

(b) identify and use multiple types of data to complete a task; and

(4) Computer science impacts of computing standards for fourth grade are:

(a) collect diverse perspectives for the purpose of improving computational artifacts;

(b) identify rules associated with the appropriate use of digital information when creating computational artifacts; and

(5) Computer science networks and the internet standards for fourth grade are to identify cybersecurity problems.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1107 Computer Science Content Standards for Fifth Grade

(1) Computer science algorithms and programming standards for fifth grade are:

(a) compare and refine multiple algorithms for the same task and determine which is the most appropriate;

(b) create programs that use variables to store and modify data;

(d) modify, remix, or incorporate portions of an existing program to develop something new or add more advanced features; and

(e) describe choices made during program development.

(2) Computer science computing systems standards for fifth grade are:

(a) describe how internal and external parts of computing devices function to form a system;

(b) model how computer hardware and software work together as a system to accomplish tasks; and

(c) determine potential solutions to solve simple hardware and software problems using common troubleshooting strategies.

(3) Computer science data and analysis standards for fifth grade are:

(a) organize and present collected data visually to highlight relationships and support a claim;

(b) demonstrate how to store, copy, search, retrieve, modify, and delete information using a computing device; and

(c) use accurate and relevant data to highlight or propose cause-and-effect relationships, predict outcomes, or communicate an idea.

(4) Computer science impacts of computing standards for fifth grade are:

(a) explain how computing technologies have changed Montana and the world, and express how those technologies influence, and are influenced by, cultural practices;

(b) identify ways to improve the accessibility and usability of technology products for the diverse needs and wants of users;

(d) apply laws associated with digital information and intellectual property; and

(e) describe ethical issues that relate to computing devices and networks.

(5) Computer science networks and the internet standards for fifth grade are:

(a) explain cybersecurity problems; and

(b) explain how personal information can be protected.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1108 Computer Science Content Standards for Sixth Through Eighth Grade

(1) Computer science algorithms and programming standards for sixth through eighth grades are:

(a) use algorithms to address complex problems;

(b) create clearly named variables that represent different data types and perform operations on their values;

(d) decompose problems and subproblems into parts to facilitate the design, implementation, and review of programs;

(e) create procedures with parameters to organize code and make it easier to reuse;

(f) seek and incorporate feedback from team members and users to refine a solution that meets user needs;

(g) incorporate existing code, media, and libraries into original programs, and give attribution;

(h) systematically test and refine programs using a range of test cases;

(i) distribute tasks and maintain a project timeline when collaboratively developing computational artifacts; and

(j) document programs in order to make them easier to follow, test, and debug.

(2) Computer science computing systems standards for sixth through eighth grades are:

(a) recommend improvements to the design of computing devices, based on an analysis of how users interact with the devices;

(b) design projects that combine hardware and software components to collect and exchange data; and

(3) Computer science data and analysis standards for sixth through eighth grades are:

(a) collect data using computational tools and transform the data to make it more useful and reliable;

(b) represent data using multiple formats; and

(4) Computer science impacts of computing standards for sixth through eighth grades are:

(a) compare tradeoffs associated with computing technologies that affect people's everyday activities and career options in Montana and the world, urban, rural, and reservation communities;

(b) discuss issues of bias and accessibility in the design of existing technologies;

(d) describe tradeoffs between allowing information, personal or intellectual, to be public and keeping information private and secure.

(5) Computer science networks and the internet standards for sixth through eighth grades are:

(a) explain how physical and digital security measures protect electronic information;

(b) apply multiple methods of encryption to demonstrate how to securely transmit information; and

(c) demonstrate how information is broken down and transmitted through multiple devices over networks and the internet and reassembled at the destination.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Mont. Admin. R. 10.53.1109 Computer Science Content Standards for Ninth Through Twelfth Grade

(1) Computer science algorithms and programming standards for ninth through twelfth grades are:

(a) create prototypes that use algorithms to solve computational problems by leveraging prior student knowledge and personal interests;

(b) describe how artificial intelligence drives many software and physical systems;

(d) use and adapt classic algorithms to solve computational problems;

(e) evaluate algorithms in terms of their efficiency, correctness, and clarity;

(f) use lists to simplify solutions, generalizing computational problems instead of repeatedly using simple variables;

(g) compare and contrast fundamental data structures and their uses;

(h) justify the selection of specific control structures when tradeoffs involve implementation, readability, and program performance, and explain the benefits and drawbacks of choices made;

(i) design and iteratively develop computational artifacts for practical intent, personal expression, or to address a societal issue by using events to initiate instructions;

(j) decompose problems into smaller components through systematic analysis, using constructs such as procedures, modules, or objects;

(k) create artifacts by using procedures within a program, combinations of data and procedures, or independent but interrelated programs;

(l) construct solutions to problems using student-created procedures, modules, or objects;

(m) analyze a large-scale computational problem and identify generalizable patterns that can be applied to a solution;

(n) demonstrate code reuse by creating programming solutions using libraries and application programming interfaces;

(o) systematically design and develop programs for broad audiences by incorporating feedback from users;

(p) evaluate and refine computational artifacts to make them more usable and accessible;

(q) design and develop computational artifacts working in team roles using collaborative tools;

(r) document design decisions using text, graphics, presentations, or demonstrations in the development of complex programs;

(s) plan and develop programs for broad audiences using a software life cycle process;

(t) explain security issues that might lead to compromised computer programs;

(u) develop programs for multiple computing platforms;

(v) use version control systems, integrated development environments, and collaborative tools and practices in a group software project;

(w) develop and use a series of test cases to verify that a program performs according to its design specifications;

(x) modify an existing program to add additional functionality and discuss intended and unintended implications;

(y) evaluate key qualities of a program through a process such as a code review; and

(z) compare multiple programming languages and discuss how their features make them suitable for solving different types of problems.

(2) Computer science computing systems standards for ninth through twelfth grades are:

(a) explain how abstractions hide the underlying implementation details of computing systems embedded in everyday objects;

(b) compare levels of abstraction and interactions between application software, system software, and hardware layers;

(d) develop guidelines that convey systematic troubleshooting strategies that others can use to identify and fix errors; and

(e) illustrate ways computing systems implement logic, input, and output through hardware components.

(3) Computer science data and analysis standards for ninth through twelfth grades are:

(a) create interactive data visualizations using software tools to help others better understand authentic phenomena;

(b) use data analysis tools and techniques to identify patterns in data representing complex systems;

(d) translate between different bit representations of authentic phenomena, including characters, numbers, and images;

(e) evaluate the tradeoffs in how data elements are organized and where data is stored;

(f) create computational models that represent the relationships among different elements of data collected from a phenomenon or process; and

(g) evaluate the ability of models and simulations to test and support the refinement of hypotheses.

(4) Computer science impacts of computing standards for ninth through twelfth grades are:

(a) evaluate the ways computing technologies, globally and locally impact personal, ethical, social, economic, and cultural practices;

(b) evaluate the ways computing technologies impact American Indian communities in Montana;

(d) demonstrate ways a given algorithm applies to problems across disciplines;

(e) evaluate computational artifacts to maximize their beneficial effects and minimize harmful effects on society;

(f) evaluate the impact of equity, access, and influence on the distribution of computing resources in a global society, including the impact on American Indians living in urban, rural, and reservation communities;

(g) predict how computational innovations that have revolutionized aspects of our culture might evolve;

(h) use tools and methods to connect and work with others on a project including people in different cultures and career fields;

(i) explain the beneficial and harmful effects that intellectual property laws can have on innovation;

(j) explain the privacy concerns related to the collection and generation of data through automated processes that may not be evident to users;

(k) evaluate the social and economic implications of privacy in the context of safety, law, or ethics; and

(l) debate laws and regulations that impact the development and use of software.

(5) Computer science networks and the internet standards for ninth through twelfth grades are:

(a) recommend security measures to address various scenarios based on factors including efficiency, feasibility, and ethical impacts;

(b) explain tradeoffs when selecting and implementing cybersecurity recommendations;

(d) evaluate the scalability and reliability of networks by describing the relationship between routers, addressing, switches, servers, and topology;

(e) give examples to illustrate how sensitive data can be affected by malware and other attacks;

(f) compare various security measures, considering tradeoffs between the usability and security of a computing system; and

(g) discuss the issues that impact functionality.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Subchapter 10.53.12 Library Media and Information Literacy Content Standards

Mont. Admin. R. 10.53.1201 Montana Content Standards for Library Media and Information Literacy for K-12

(1) When a district incorporates or integrates library media and information literacy content into district curriculum or offers an elective course in library media and information literacy, the following standards apply:

(a) build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems;

(b) demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians;

(d) make meaning by collecting, organizing, and sharing resources of personal relevance;

(e) exercise freedom to read and demonstrate the ability to pursue personal interests; and

(f) demonstrate safe, legal, and ethical creating and sharing of knowledge products.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1202 Content Standards for Library Media and Information Literacy for Kindergarten

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) form simple, factual level questions and begin to explore ways to answer them; and

(b) ask "I wonder" questions about topic, question, or problem.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) share knowledge and ideas with others through discussion and listening; and

(b) formulate questions related to content presented by others.

(3) Work effectively with others to broaden perspectives and work toward common goals by listening respectfully and, when appropriate, offering information and opinions in group discussions.

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance by expressing feelings and ideas about a story in different formats.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) routinely select picture, fiction, and information books;

(b) explore new genres; and

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products by maintaining safe behavior when using the internet.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1203 Content Standards for Library Media and Information Literacy for First Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) Form simple, factual level questions and begin to explore ways to answer them; and

(b) ask "I wonder" questions about topic, question, or problem.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Share knowledge and ideas with others through discussion and listening; and

(b) formulate questions related to content presented by others.

(3) Work effectively with others to broaden perspectives and work toward common goals by listening respectfully and, when appropriate, offering information and opinions in group discussions.

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance by expressing feelings and ideas about a story in different formats.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Request, choose, and share a variety of materials from various genres related to personal interests; and

(b) select books at the appropriate reading level, to be read aloud, or challenging books for browsing and enjoyment.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Acknowledge the work of others; and

(b) maintain safe behavior when using the internet.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1204 Content Standards for Library Media and Information Literacy for Second Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems. Generate questions about a topic and select a focal question to explore.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Share knowledge and ideas with others through discussion and listening; and

(b) formulate questions related to content presented by others.

(3) Work effectively with others to broaden perspectives and work toward common goals. Listen respectfully and, when appropriate, offer information and opinions in group discussions.

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance. Make connections between literature and personal experiences.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests:

(a) books at the appropriate reading level, to be read aloud, or challenging books for browsing and enjoyment; and

(b) begin to recognize that different genres require different reading, listening, or viewing strategies.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Acknowledge the work of others; and

(b) maintain safe behavior when using the internet.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1205 Content Standards for Library Media and Information Literacy for Third Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems. Ask "why" questions in order to formulate a question about a topic.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Articulate and identify one's own place in the global community and respect others' cultural identities; and

(b) explore sources written by authors with diverse backgrounds.

(3) Work effectively with others to broaden perspectives and work toward common goals.

(a) Find information in print, digital, and other resources on a topic of personal interest;

(b) work in teams to produce original works or solve problems; and

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance.

(a) Make a list of possible sources of information that will help answer questions or an information need; and

(b) use text features to decide which resources are best to use and why.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Read, listen to, and view a range of resources for a variety of purposes;

(b) recognize features of various genres and use different reading strategies for understanding;

(d) set reading goals; and

(e) demonstrate knowledge of authors and genres.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Acknowledge and credit the work of others; and

(b) use information, technology and media tools responsibly and safely.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1206 Content Standards for Library Media and Information Literacy for Fourth Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) Ask "why" questions in order to formulate a question about a topic; and

(b) use an inquiry process to solve a problem.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Articulate and identify one's own place in the global community and respect others' cultural identities; and

(b) explore sources written by authors with diverse backgrounds.

(3) Work effectively with others to broaden perspectives and work toward common goals.

(a) Find information in print, digital, and other resources on a topic of personal interest;

(b) work in teams to produce original works or solve problems; and

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance.

(a) Organize possible sources of information that will help answer questions or an information need; and

(b) use text features to decide which resources are best to use and why.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Read, listen to, and view a range of resources for a variety of purposes;

(b) recognize features of various genres and use different reading strategies for understanding;

(d) set reading goals; and

(e) demonstrate knowledge of authors and genres.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Acknowledge and credit the work of others; and

(b) use information, technology and media tools responsibly and safely.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1207 Content Standards for Library Media and Information Literacy for Fifth Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) Ask "why" questions in order to formulate a question about a topic; and

(b) use an inquiry process to solve a problem.

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians

(a) Articulate and identify one's own place in the global community and respect others' cultural identities; and

(b) identify sources written by authors with diverse backgrounds.

(3) Work effectively with others to broaden perspectives and work toward

common goals.

(a) Find information in print, digital, and other resources on a topic of personal interest;

(b) work in teams to produce original works or solve problems; and

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance.

(a) Organize possible sources of information that will help answer questions or an information need; and

(b) use text features to decide which resources are best to use and why.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Read, listen to, and view a range of resources for a variety of purposes;

(b) explain features of various genres and use different reading strategies for understanding;

(d) set reading goals; and

(e) demonstrate knowledge of authors and genres.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Acknowledge and credit the work of others;

(b) use information, technology and media tools responsibly and safely; and

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1208 Content Standards for Library Media and Information Literacy for Sixth Through Eighth Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) Write questions independently based on key ideas or areas of focus;

(b) refine questions based on the type of information needed; and

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Evaluate resources for relevance, currency authority, and bias including those by and about tribes in Montana; and

(b) seek more than one point of view by using diverse sources.

(3) Work effectively with others to broaden perspectives and work toward common goals.

(a) Offer information and opinions and encourage others to share ideas at

appropriate times in group discussions; and

(b) accurately describe or summarize the ideas of others.

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance.

(a) Experiment with various types of technology tools for artistic and personal expression; and

(b) share reading, listening, and viewing experiences in a variety of ways and formats.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Independently locate and select information for personal, hobby, or vocational interests;

(b) read, listen to, and view a wide range of genres and formats for recreation and information; and

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Practice internet safety and appropriate online behavior;

(b) use criteria to determine safe and unsafe internet sites;

(d) connect ideas and information with their owners or source;

(e) credit sources by following copyright, licensing, and fair use guidelines.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Mont. Admin. R. 10.53.1209 Content Standards for Library Media and Information Literacy for Ninth Through Twelfth Grade

(1) Build new knowledge by inquiring, thinking critically, identifying problems, and developing strategies for solving problems.

(a) Formulate and refine essential questions through reading, constructing hypotheses, research questions, and thesis statements;

(b) develop questions that require making connections between ideas and events and systematically test a hypothesis or validate a thesis statement; and

(2) Demonstrate an understanding of and commitment to inclusiveness and respect for diversity in the learning community, including the distinct and unique cultural heritage of American Indians.

(a) Evaluate resources for relevance, currency authority, and bias including those by and about tribes in Montana;

(b) seek more than one point of view by using diverse sources; and

(3) Work effectively with others to broaden perspectives and work toward common goals.

(a) Actively seek the opinions of others and contribute positively to an environment in which all participants ideas are shared and valued;

(b) seek consensus from a group, when appropriate, to achieve a stronger product; and

(4) Make meaning by collecting, organizing, and sharing resources of personal relevance.

(a) Assess the impacts of specific works on the reader or viewer;

(b) express ideas through creative products in multiple formats using a variety of technology tools;

(c) select an appropriate format to effectively communicate and support a purpose, argument, point of view, or interpretation;

(d) create original products using a variety of technology tools to express personal learning; and

(e) independently pursue answers to self-generated questions.

(5) Exercise freedom to read and demonstrate the ability to pursue personal interests.

(a) Select a variety of types of materials based on personal interests and prior knowledge;

(b) read, listen to, and view information in a variety of formats and genres to explore new ideas, form opinions, solve problems, and to connect to real-world issues;

(c) routinely read, view, and listen for personal enjoyment, to learn, to solve problems, and to explore different ideas;

(d) read widely to develop a global perspective and understand different cultural contexts; and

(e) identify the rights of self and others to access information freely and pursue the right to read, view, and listen.

(6) Demonstrate safe, legal, and ethical creating and sharing of knowledge products.

(a) Practice internet safety and appropriate online behavior;

(b) use criteria to determine safe and unsafe internet sites;

(d) connect ideas and information with their owners or source;

(e) credit sources by following copyright, licensing, and fair use guidelines for text, visuals, and audio in generating products and presentations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2140, Eff. 7/1/21.

Subchapter 10.53.13 Technology Integration Content Standards

Mont. Admin. R. 10.53.1301 Montana Content Standards for Technology Integration for K-12

(1) The content areas covered by the technology integration standards include skills for:

(a) empowered learners;

(b) digital citizens;

(d) innovative designers;

(e) computational thinkers;

(f) creative communicators;

(g) global collaborators; and

(h) reflective users.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1302 Content Standards for Technology Integration for Kindergarten

(1) The empowered learner content standards for kindergarten are that each student will identify a variety of technologies that will help in learning.

(2) The digital citizen content standards for kindergarten are that each student will:

(a) practice appropriate use of devices;

(b) share information and respect the work of others; and

(3) The innovative designer content standards for kindergarten are that each student will use a design process with digital and non-digital tools.

(4) The computational thinker content standards for kindergarten are that each student will identify how technology is used to make a task easier.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1303 Content Standards for Technology Integration for First Grade

(1) The empowered learner content standards for first grade are that each student will identify a variety of technologies that will help in learning.

(2) The digital citizen content standards for first grade are that each student will:

(a) practice responsible use of technology;

(b) practice appropriate use of devices;

(d) recognize the importance of keeping personal information private.

(3) The innovative designer content standards for first grade are that each student will:

(a) use a design process to develop ideas or creations; and

(b) use digital and non-digital tools to design a product.

(4) The computational thinker content standards for first grade are that each student will break down a problem into parts and identify ways to solve the problem.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1304 Content Standards for Technology Integration for Second Grade

(1) The empowered learner content standards for second grade are that each student will identify a variety of technologies that will help in learning.

(2) The digital citizen content standards for second grade are that each student will:

(a) practice responsible use of technology;

(b) practice appropriate use of devices;

(d) explain the importance of keeping personal information private and how to be safe online.

(3) The knowledge constructor content standards for second grade are that each student will use a tool to organize information.

(4) The innovative designer content standards for second grade are that each student will:

(a) use a design process to develop ideas or creations; and

(b) use digital and non-digital tools to design a product.

(5) The computational thinker content standards for second grade are that each student will:

(a) break down a problem into parts and identify ways to solve the problem; and

(b) explain how technology can make a task easier.

(6) The creative communicator content standards for second grade are that each student will use tools to create something that communicates an idea to others.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1305 Content Standards for Technology Integration for Third Grade

(1) The empowered learner content standards third grade are that each student will:

(a) use appropriate tools to set and support a personal learning goal; and

(b) recognize how skills can be transferred between tools.

(2) The digital citizen content standards for third grade are that each student will:

(a) practice responsible use of technology;

(b) demonstrate appropriate use of devices;

(d) identify ownership of information and acknowledge the work of others; and

(e) recognize the importance of keeping personal information private.

(3) The knowledge constructor content standards for third grade are that each student will:

(a) identify digital tools and resources to find information on topics of interest;

(b) explore the accuracy, credibility, and relevance of sources; and

(4) The innovative designer content standards for third grade are that each student will:

(a) define questions, find solutions, test ideas to solve problems and share learning; and

(b) use digital and non-digital tools to design a product with a step-by-step design process.

(5) The computational thinker content standards for third grade are that each student will:

(a) define a problem and select appropriate technology tools to explore and find solutions;

(b) identify patterns and categories in a data set;

(d) evaluate how technology is used to make a task easier or repeatable.

(6) The creative communicator content standards for third grade are that each student will:

(a) use strategies for remixing or repurposing resources to create new works; and

(b) create digital objects to communicate ideas visually and graphically.

(7) The global collaborator content standards for third grade are that each student will practice working with others using collaborative technologies.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1306 Content Standards for Technology Integration for Fourth Grade

(1) The empowered learner content standards fourth grade are that each student will:

(a) develop learning goals and choose the appropriate technology tools to achieve them; and

(b) explore technologies and transfer learned skills to different tools or earning environments.

(2) The digital citizen content standards for fourth grade are that each student will:

(a) recognize the role an online identity plays in the digital world and in real life;

(b) practice safe, legal and ethical behavior when using technology and interacting online;

(d) identify what personal data is, the importance of keeping it private, and how it might be shared online.

(3) The knowledge constructor content standards for fourth grade are that each student will:

(a) use research techniques to locate digital resources;

(b) explore the accuracy, perspective, cultural sensitivity, credibility, and relevance of sources; and

(4) The innovative designer content standards for fourth grade are that each student will:

(a) practice using digital and non-digital tools to plan and manage a design process; and

(b) use design process to solve a problem.

(5) The computational thinker content standards for fourth grade are that each student will:

(a) solve problems by selecting technology, analyzing data, and creating models; and

(b) break down problems into smaller parts, identify key information, and propose solutions.

(6) The creative communicator content standards for fourth grade are that each student will:

(a) identify the features and functions of a variety of creation or communication tools;

(b) create original works by practicing strategies for remixing or repurposing; and

(7) The global collaborator content standards for fourth grade are that each student will use collaborative technologies to connect with people from different backgrounds or cultures, including peers, experts and community members, to explore different points of view on various topics.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1307 Content Standards for Technology Integration for Fifth Grade

(1) The empowered learner content standards fifth grade are that each student will:

(a) develop learning goals, select the technology tools to achieve them and reflect on and revise the learning process as needed to achieve goals; and

(b) transfer learned skills to different tools or learning environments.

(2) The digital citizen content standards for fifth grade are that each student will:

(a) demonstrate an understanding of the role an online identity plays in the digital world and the permanence of decisions when interacting online;

(b) engage in safe, legal and ethical behavior when using technology and interacting online;

(d) explain what personal data is, how to keep it private, and how it might be shared online.

(3) The knowledge constructor content standards for fifth grade are that each student will:

(a) employ appropriate research techniques to locate digital resources;

(b) evaluate the accuracy, perspective, cultural sensitivity, credibility, and relevance of sources; and

(4) The innovative designer content standards for fifth grade are that each student will:

(a) use digital and non-digital tools to plan and manage a design process; and

(b) use design process to develop and test prototypes.

(5) The computational thinker content standards for fifth grade are that each student will:

(a) explore or solve problems by selecting technology for data analysis, modeling and algorithmic thinking;

(b) break down problems into smaller parts, identify key information, and propose solutions; and

(6) The creative communicator content standards for fifth grade are that each student will:

(a) identify and use the features of a variety of creation or communication tools;

(b) use a variety of strategies for remixing or repurposing to create new works; and

(7) The global collaborator content standards for fifth grade are that each student will:

(a) use appropriate digital tools to work with people from a variety different backgrounds or cultures; and

(b) perform a variety of roles within a team using age-appropriate technology to complete a project or solve a problem.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1308 Content Standards for Technology Integration for Sixth Through Eighth Grade

(1) The empowered learner content standards sixth-eighth grade are that each student will:

(a) define personal learning goals, select and manage appropriate technologies to achieve them and reflect on successes and areas of improvement in working toward those goals; and

(b) navigate a variety of technologies and transfer personal knowledge and skills to learn how to use new technologies.

(2) The digital citizen content standards for sixth-eighth grade are that each student will:

(a) manage digital identities and demonstrate an understanding of how the digital footprint is permanent and can impact reputation;

(b) demonstrate positive, safe, legal and ethical habits when using technology and interacting with others online;

(c) demonstrate and model the appropriate use of intellectual property of print and digital media, including copyright, permission and fair use, by creating a variety of media products that include appropriate citation and attribution elements; and

(d) demonstrate how to keep personal data secure and understand how data-collection technologies work.

(3) The knowledge constructor content standards for sixth-eighth grade are that each student will:

(a) use research strategies effectively to locate appropriate digital resources in support of learning;

(b) evaluate the accuracy, perspective, cultural sensitivity, credibility, and relevance of resources;

(d) locate and collect resources from a variety of sources and organize into collections for a range of projects and purposes.

(4) The innovative designer content standards for sixth-eighth grade are that each student will:

(a) select and use digital tools to support design processes, identify constraints and trade-offs and weigh risks;

(b) engage in design process to develop, test and revise prototypes or create innovative products; and

(5) The computational thinker content standards for sixth-eighth grade are that each student will:

(a) investigate and practice solving problems by using data analysis, modeling or algorithmic thinking;

(b) organize data and use technology to display, analyze, solve problems and make decisions;

(d) demonstrate an understanding of how automation works and use algorithmic thinking to design and automate solutions.

(6) The creative communicator content standards for sixth-eighth grade are that each student will:

(a) select appropriate platforms and tools to create, share, and communicate work;

(b) create original works or responsibly remix and repurpose other digital resources into new creative works; and

(c) communicate complex ideas clearly using various digital tools to convey the concepts in a variety of accessible formats.

(7) The global collaborator content standards for sixth-eighth grade are that each student will:

(a) identify and use collaborative technologies to connect with others; and

(b) identify and select a role within a team to meet goals, based on knowledge of technology and content, as well as personal preference.

(8) The reflective user content standards for sixth-eighth grade are that each student will evaluate personal preferences for use of technology tools for different tasks or purposes.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.53.1309 Content Standards for Technology Integration for Ninth Through Twelfth Grade

(1) The empowered learner content standards ninth-twelfth grade are that each student will:

(a) set personal learning goals, develop strategies leveraging technology to achieve them and reflect on the learning process to improve learning outcomes;

(b) build personal learning networks and customize learning environments in ways that support the learning process;

(c) use technology to seek feedback that informs and improves practice and to demonstrate learning in a variety of ways; and

(d) demonstrate the ability to choose, use, and troubleshoot current technologies, and transfer knowledge to explore emerging technologies.

(2) The digital citizen content standards for ninth-twelfth grade are that each student will:

(a) cultivate and manage a positive digital identity and demonstrate an understanding of how the digital footprint is permanent and can impact reputation;

(b) engage in positive, safe, legal and ethical behavior when using technology, including social interactions online or when using networked devices;

(d) manage personal data to maintain digital privacy and security.

(3) The knowledge constructor content standards for ninth-twelfth grade are that each student will:

(a) use research strategies to locate information and resources for intellectual or creative pursuits;

(b) evaluate the accuracy, perspective, cultural sensitivity, credibility, and relevance of information, media, data, or other resources;

(d) curate information from digital resources using a variety of tools and methods to create collections of artifacts that are connected to a theme or support a thesis.

(4) The innovative designer content standards for ninth-twelfth grade are that each student will:

(a) initiate a deliberate design process for generating ideas, testing theories, creating innovative artifacts, or solving authentic problems;

(b) select and use digital tools to plan and manage design process that considers design constraints and calculated risks; and

(5) The computational thinker content standards for ninth-twelfth grade are that each student will:

(a) identify problems suited for technology-assisted methods for data analysis, abstract models, and algorithmic thinking;

(b) collect data or identify relevant data sets, use digital tools to analyze them, and represent data in various ways to facilitate problem-solving and decision-making;

(c) break down problems into component parts, extract key information and develop descriptive models to understand complex systems or facilitate problem-solving; and

(d) explain how automation works and use algorithmic thinking to develop a sequence of steps to create and test automate solutions.

(6) The creative communicator content standards for ninth-twelfth grade are that each student will:

(a) choose the appropriate platforms and tools for meeting the desired objections of the creation or communicate;

(b) create original works or responsibly repurpose or remix digital resources into new creative works;

(c) communicate complex ideas clearly and effectively by creating or using a variety of digital objects such as visualizations, models or simulations; and

(d) publish, present, and defend content that customizes the message and medium for the intended audiences.

(7) The global collaborator content standards for ninth-twelfth grade are that each student will:

(a) identify and use digital tools to connect with learners from a variety of backgrounds and cultures, engaging with them in ways that broaden mutual understanding and learning others;

(b) identify and use collaborative technologies to work with others to examine global and local issues, problems and solutions from multiple viewpoints; and

(c) contribute constructively to project teams, assuming various roles and responsibilities to work effectively toward a common goal.

(8) The reflective user content standards for ninth-twelfth grade are that each student will:

(a) evaluate historical, cultural, and social impacts of technology innovations on individuals and groups, including urban, rural and reservations communities; and

(b) reflect on and explain how technological innovations influence selection of tools and resources appropriate to a task.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Subchapter 10.53.14 World Languages Content Standards

Mont. Admin. R. 10.53.1401 World Language Content Standard 1 – Communication

(1) Communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes;

(a) interpersonal communication: learners interact and negotiate meaning in spoken, signed, or written conversations to share:

(i) information;

(ii) reactions;

(iii) feelings; and

(iv) opinions.

(b) interpretive communication: when learners hear, read, or view a variety of topics in the target language they can:

(i) understand a variety of topics;

(ii) interpret a variety of topics; and

(iii) analyze a variety of topics.

(c) presentational communication: learners present information, concepts, and ideas pertaining to a variety of topics using appropriate media and adapting to various audiences of listeners, readers, or viewers in order to:

(i) inform;

(ii) explain;

(iii) persuade; and

(iv) narrate.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1402 World Language Content Standard 2 – Cultures

(1) Interact with cultural competence and understanding.

(a) Relating cultural practices to perspectives: learners use the language to investigate, explain, and reflect on the relationship between the practices and perspectives of the cultures studied, and, where appropriate, the cultures of Montana Indigenous Tribes; and

(b) Relating cultural products to perspectives: learners use the language to investigate, explain, and reflect on the relationship between the products and perspectives of the cultures studied, and, where appropriate, the cultures of Montana Indigenous Tribes.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1403 World Language Content Standard 3 – Connections

(1) Connect with other disciplines and acquire information and diverse perspectives, including Montana Tribes, in order to use the language to function in academic and career-related situations.

(a) Making connections: learners build, reinforce, and expand their knowledge of other disciplines while using the language to develop critical thinking and solve problems creatively; and

(b) Acquiring information and diverse perspectives: learners access and evaluate information and diverse perspectives that are available through studying the language and its cultures.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1404 World Language Content Standard 4 – Comparisons

(1) Develop insight into the nature of language and culture to interact with cultural competence, with a particular emphasis on Montana Indigenous cultures.

(a) Language comparisons: learners use the language to investigate, explain, and reflect on the nature of language through comparisons of the language studied, their own language, and, when appropriate, Montana Indigenous languages; and

(b) Cultural comparisons: learners use the language to investigate, explain, and reflect on the concept of culture through comparisons between the cultures, their own way of life, and Montana Indigenous culture's history, diversity, and sovereignty.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1405 World Language Content Standard 5 – Communities

(1) Communicate and interact with cultural competence in order to participate in multilingual communities at home and around the world.

(a) School, local, and global communities: learners use the language, both within and beyond the classroom, to interact and collaborate with their local, state, and global communities, including Montana Indigenous nations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26

Mont. Admin. R. 10.53.1406 World Languages Performance Descriptors at the Novice Level

(1) At the novice level for the interpersonal mode of communication, a language learner expresses oneself in conversations on very familiar topics using a variety of words, phrases, simple sentences, and questions that have been highly practiced and memorized. A learner:

(a) can ask highly predictable and formulaic questions and respond to such questions by listing, naming, and identifying;

(b) may show emerging evidence of the ability to engage in simple conversation;

(d) may show emerging evidence of the ability to communicate in highly practiced contexts related to oneself and one's immediate environment;

(e) understands and produces highly practiced words and phrases and an occasional sentence. A learner is able to ask formulaic or memorized questions;

(f) can usually comprehend highly practiced and basic messages when supported by visual or contextual clues, redundancy or restatement, and when the message contains familiar structures;

(g) can control memorized language sufficiently to be appropriate to the context and understood by those accustomed to dealing with language learners, however at times with difficulty;

(h) is able to understand and produce a number of high-frequency words, highly practiced expressions, and formulaic questions;

(i) may use some or all of the following strategies to maintain communication:

(i) imitate modeled words;

(ii) use facial expressions and gestures;

(iii) repeat words;

(iv) resort to first language;

(v) ask for repetition; and

(vi) indicate lack of understanding; and

(j) may use culturally appropriate gestures and formulaic expressions in highly practiced applications. A learner may show awareness of the most obvious cultural differences or prohibitions, but may often miss cues indicating miscommunication.

(2) At the novice level for the interpretive mode of communication, a language learner understands words, phrases, and formulaic language that have been practiced and memorized to get the meaning of the main idea from simple, highly predictable oral or written texts, with strong visual support. A learner:

(a) comprehends meaning through recognition of key words and phrases;

(b) may show emerging evidence of the ability to make inferences based on background and prior knowledge;

(c) comprehends texts with highly predictable, familiar contexts (those related to personal background, prior knowledge, or experiences);

(d) derives meaning when authentic texts (listening, reading, or viewing) are supported by visuals or when the topic is very familiar;

(e) comprehends texts ranging in length from lists, to phrases, to simple sentences, often with graphically organized information;

(f) primarily relies on vocabulary to derive meaning from texts;

(g) may derive meaning by recognizing structural patterns that have been used in familiar and some new contexts;

(h) comprehends some, but not all of the time, highly predictable vocabulary, a limited number of words related to familiar topics, and formulaic expressions;

(i) may use some or all of the following strategies to comprehend texts:

(i) skim and scan;

(ii) rely on visual support and background knowledge;

(iii) predict meaning based on context, prior knowledge, and experience;

(iv) for alphabetic languages:

(A) rely on recognition of cognates;

(B) may recognize word family roots, prefixes, and suffixes; and

(j) uses own culture to derive meaning from texts that are heard, read, or viewed.

(3) At the novice level for the presentational mode of communication, a language learner communicates information on very familiar topics using a variety of words, phrases, and sentences that have been practiced and memorized. A learner:

(a) presents simple, basic information on very familiar topics by producing words, lists, notes, and formulaic language using highly practiced language;

(b) may show emerging evidence of the ability to express one's own thoughts and preferences;

(d) may show emerging evidence of the ability to create messages in highly practiced contexts related to oneself and their immediate environment;

(e) produces words and phrases and highly practiced sentences or formulaic questions;

(f) produces memorized language that is appropriate to the context. Limited language control may require a sympathetic audience to be understood;

(g) with practice, polish, or editing, may show emerging evidence of intermediate-level language control;

(h) produces a number of high-frequency words and formulaic expressions. A learner is able to use a limited variety of vocabulary on familiar topics;

(i) may use some or all of the following strategies to communicate:

(i) rely on a practiced format;

(ii) use facial expressions and gestures;

(iii) repeat words;

(iv) resort to first language;

(v) use graphic organizers to present information;

(vi) rely on multiple drafts and practice sessions with feedback;

(vii) support presentational speaking with visuals and notes; and

(viii) support presentational writing with visuals or prompts; and

(j) may use some memorized culturally appropriate gestures, formulaic expressions, and basic writing conventions.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1407 World Languages Performance Descriptors at the Intermediate Level

(1) At the intermediate level for the interpersonal mode of communication, a language learner expresses oneself and participates in conversations on familiar topics using sentences and series of sentences. A learner handles short social interactions in everyday situations by asking and answering a variety of questions. A learner can communicate about oneself, others, and everyday life. A learner:

(a) can communicate by understanding and creating personal meaning;

(b) can understand, ask, and answer a variety of questions;

(c) consistently is able to initiate, maintain, and end a conversation to satisfy basic needs or to handle a simple transaction;

(d) may show emerging evidence of the ability to communicate about more than the "here and now";

(e) is able to communicate in contexts relevant to oneself and others, and one's immediate environment;

(f) may show emerging evidence of the ability to communicate in contexts of occasionally unfamiliar topics;

(g) is able to understand and produce discrete sentences, strings of sentences, and some connected sentences. A learner is able to ask questions to initiate and sustain conversations;

(h) understands straightforward language that contains mostly familiar structures;

(i) has control of language sufficient to be understood by those accustomed to dealing with language learners;

(j) communicates using high-frequency and personalized vocabulary within familiar themes or topics;

(k) uses some of the following strategies to maintain communication, but not all of the time and inconsistently:

(i) ask questions;

(ii) ask for clarification;

(iii) self-correct or restate when not understood; and

(iv) circumlocute; and

(l) recognizes and uses some culturally appropriate vocabulary, expressions, and gestures when participating in everyday interactions. A learner recognizes that differences exist in cultural behaviors and perspectives and can conform in familiar situations.

(2) At the intermediate level for the interpretive mode of communication, a language learner understands main ideas and some supporting details on familiar topics from a variety of texts. A learner:

(a) comprehends main ideas and identifies some supporting details;

(b) may show emerging evidence of the ability to make inferences by identifying key details from the text;

(c) comprehends information related to basic personal and social needs and relevant to one's immediate environment such as oneself and everyday life, school, community, and particular interests;

(d) comprehends simple stories, routine correspondence, short descriptive texts, or other selections within familiar contexts;

(e) generally comprehends connected sentences and most paragraph-like discourse;

(f) comprehends information-rich texts with highly predictable order;

(g) has sufficient control of language (vocabulary, structures, conventions of spoken and written language, etc.) to understand fully and with ease short, non-complex texts on familiar topics. A learner has limited control of language to understand some more complex texts;

(h) may derive meaning by:

(i) comparing target language structures with those of their native language; and

(ii) recognizing parallels in structure between new and familiar language;

(i) comprehends high-frequency vocabulary related to everyday topics and high-frequency idiomatic expressions;

(j) uses some or all of the following strategies to comprehend texts:

(i) skim and scan;

(ii) use visual support and background knowledge;

(iii) predict meaning based on context, prior knowledge, or experience;

(iv) use context clues; and

(v) recognize word family roots, prefixes, and suffixes;

(k) for non-alphabetic languages, recognizes radicals; and

(l) generally relies heavily on knowledge of own culture with increasing knowledge of the target culture(s) to interpret texts that are heard, read, or viewed.

(3) At the intermediate level for the presentational mode of communication, a language learner communicates information and expresses one's own thoughts about familiar topics using sentences and series of sentences. A learner:

(a) expresses one's own thoughts and presents information and personal preferences on familiar topics by creating with language primarily in present time;

(b) may show emerging evidence of the ability to tell or retell a story and provide additional description;

(d) may show emerging evidence of the ability to create messages on general interest and work-related topics;

(e) produces sentences, series of sentences, and some connected sentences;

(f) understands that control of language is sufficient to be understood by audiences accustomed to language produced by language learners;

(g) with practice, polish, or editing, may show emerging evidence of advanced-level language control;

(h) produces vocabulary on a variety of everyday topics, topics of personal interest, and topics that have been studied;

(i) may use some or all of the following strategies to communicate and maintain audience interest:

(i) show an increasing awareness of errors and able to self-correct or edit;

(ii) use phrases, imagery, or content;

(iii) simplify;

(iv) use known language to compensate for missing vocabulary;

(v) use graphic organizer; and

(vi) use reference resources as appropriate; and

(j) uses some culturally appropriate vocabulary, expressions, and gestures. A learner reflects some knowledge of cultural differences related to written and spoken communication.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Mont. Admin. R. 10.53.1408 World Languages Performance Descriptors at the Advanced Level

(1) At the advanced level for the interpersonal mode of communication, a language learner expresses oneself fully to maintain conversations on familiar topics and new concrete social, academic, and work-related topics. A learner can communicate in paragraph-length conversations about events with detail and organization. A learner confidently handles situations with an unexpected complication. A learner shares point of view in discussions. A learner:

(a) can communicate with ease and confidence by understanding and producing narrations and descriptions in all major time frames and deal efficiently with a situation with an unexpected turn of events;

(b) may show emerging evidence of the ability to participate in discussions about issues beyond the concrete;

(d) understands that content areas include topics of personal and general interest (community, national, and international events) and work-related topics and areas of special competence;

(e) may show emerging evidence of the ability to communicate in more abstract content areas;

(f) is able to understand and produce discourse in full oral paragraphs that are organized, cohesive, and detailed. A learner is able to ask questions to probe beyond basic details;

(g) understands that language control is sufficient to interact efficiently and effectively with those unaccustomed to dealing with language learners;

(h) understands that consistent control of basic high-frequency structures facilitates comprehension and production;

(i) comprehends and produces a broad range of vocabulary related to school, employment, topics of personal interest, and generic vocabulary related to current events and matters of public and community interest;

(j) uses a range of strategies to maintain communication:

(i) request clarification;

(ii) repeat;

(iii) restate;

(iv) rephrase; and

(v) circumlocute; and

(k) understands and uses cultural knowledge to conform linguistically and behaviorally in many social and work-related interactions. A learner shows conscious awareness of significant cultural differences and attempts to adjust accordingly.

(2) At the advanced level for the interpretive mode of communication, a learner understands main ideas and supporting details on familiar and some new, concrete topics from a variety of more complex texts that have a clear, organized structure. A learner:

(a) comprehends the main idea and supporting details of narrative, descriptive, and straightforward persuasive texts;

(b) makes inferences and derives meaning from context and linguistic features;

(c) comprehends texts pertaining to real-world topics of general interest relevant to personal, social, work-related, community, national, and international contexts;

(d) comprehends paragraph discourse such as that found in stories, straightforward literary works, personal and work-related correspondence, written reports or instructions, oral presentations (news), anecdotes, descriptive texts, and other texts dealing with topics of a concrete nature;

(e) demonstrates sufficient control of language (vocabulary, structures, conventions of spoken and written language, etc.) to understand fully and with ease more complex and descriptive texts with connected language and cohesive devices;

(f) derives meaning by:

(i) understanding sequencing, time frames, and chronology; and

(ii) classifying words or concepts according to word order or grammatical use;

(g) comprehends generic and some specific vocabulary and structures, specialized and precise vocabulary on topics related to one's experience, and an expanding number of idiomatic expressions;

(h) comprehends fully the intent of the message adapting strategies for one's own purposes and uses some or all of the following strategies:

(i) skim and scan;

(ii) use visual support and background knowledge;

(iii) predict meaning based on context, prior knowledge, or experience;

(iv) use context clues;

(v) use linguistic knowledge;

(vi) identify the organizing principle of the text;

(vii) create inferences; and

(viii) differentiate main ideas from supporting details in order to verify; and

(i) uses knowledge of cultural differences between one's own culture and target culture(s) and increases knowledge of the target culture(s) to interpret texts that are heard, read, or viewed.

(3) At the advanced level for the presentational mode of communication, a learner communicates information and expresses oneself with detail and organization on familiar and some new concrete topics using paragraphs. A learner:

(a) produces narrations and descriptions in all major time frames on familiar and some unfamiliar topics;

(b) may show emerging evidence of the ability to provide a well-supported argument, including detailed evidence in support of a point of view;

(d) demonstrates that content areas include topics of personal and general interest (community, national, and international events), work-related topics, and areas of special competence;

(e) may show emerging evidence of the ability to create messages in more abstract content areas;

(f) produces full paragraphs that are organized and detailed;

(g) demonstrates that control of high-frequency structures is sufficient to be understood by audiences not accustomed to language of language learners;

(h) with practice, polish, or editing, sows evidence of advanced-level control of grammar and syntax;

(i) produces a broad range of vocabulary related to topics of personal, public, and community interest, and some specific vocabulary related to areas of study or expertise;

(j) may use some or all of the following strategies to communicate and maintain audience interest:

(i) demonstrate conscious efforts at self-editing and correction;

(ii) elaborate and clarify;

(iii) provide examples, synonyms, or antonyms;

(iv) use cohesion, chronology, and details to explain or narrate fully; and

(v) circumlocute; and

(k) uses cultural knowledge appropriate to the presentational context and increasingly reflective or authentic cultural practices and perspectives.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101 MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2025 MAR, 10-53-140, Eff. 7/1/26.

Chapter 10.54 General Provisions

Subchapter 10.54.9 Early Targeted Interventions

Mont. Admin. R. 10.54.901 Evaluation Methodology for Early Literacy Targeted Interventions

(1) The local board of trustees shall adopt and ensure use of an evaluation methodology to identify, enroll, and admit children to early targeted interventions. The evaluation methodology used must be overseen by and include application of professional judgment of qualified employees. A child may not be evaluated for the purposes of these interventions unless requested by the child's parent or guardian. The district must maintain evidence of the request. The evaluation methodology must assess at least one of the following literacy skills:

(a) For four-year-olds:

(i) oral language;

(ii) phonological awareness;

(iii) alphabet knowledge.

(b) Prior to kindergarten:

(i) oral language;

(ii) phonological awareness;

(iii) alphabet knowledge.

(i) phoneme awareness;

(ii) listening comprehension;

(iii) developmental spelling;

(iv) vocabulary (expressive or receptive);

(v) word reading (nonsense or real);

(vi) reading composite.

(d) Prior to second grade:

(i) listening comprehension;

(ii) developmental spelling;

(iii) vocabulary (expressive or receptive);

(iv) word reading (nonsense or real);

(v) connected text reading fluency;

(vi) connected text accuracy;

(vii) reading composite.

(e) Prior to third grade:

(i) developmental spelling;

(ii) vocabulary (expressive or receptive);

(iii) word reading (nonsense or real);

(iv) connected text reading fluency;

(v) connected text accuracy;

(vi) reading comprehension;

(vii) reading composite.

(2) The list of approved evaluation methodology screening tools must be reviewed in odd years through a process of review complying with the provisions of Title 2, chapter 3, MCA, to ensure continuous adherence to developmentally appropriate and research-based screening tool requirements. Any changes to the list must be published and made publicly available by the Board of Public Education no later than 30 days after adoption of any changes. The removal of an evaluation methodology screening tool shall not be effective until July 1 following such removal.

(3) A local board of trustees adopting and using one of the approved evaluation methodology screening tools shall be construed to have complied with this rule.

(a) Use of one of the approved evaluation methodology screening tools shall not, however, be required, provided that the district's adopted evaluation methodology screening tool conforms to the requirements of (1).

(4) For the purposes of this rule, "evaluation methodology" means an age-appropriate research-based methodology, instrument, or assessment selected by the Board of Public Education to determine, based on a child's age or grade level, whether the child is above, at, or below a developmental trajectory leading to reading or math proficiency on completion of third grade.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-1803, MCA
History: NEW, 2024 MAR p. 721, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.54.902 Jumpstart Program Framework for Early Targeted Interventions

(1) The local board of trustees may offer a jumpstart program to support early targeted interventions based on evaluation methodology identified in ARM 10.54.901 as aligned to the Montana Early Childhood Education Standards and the Montana Content Standards for English Language Arts and Literacy and Mathematics.

(2) The jumpstart program must be overseen by and include application of professional judgment of qualified employees and must be designed in a manner to increase the likelihood of a child being evaluated at the end of the ensuing school year to be at or above a trajectory leading to reading or math proficiency at the end of third grade.

(3) For the purposes of this rule, "jumpstart program" means a program that is at least four weeks in duration and provides at least 120 instructional hours and takes place during the time between the end of one school calendar year and the start of the next school calendar year, as determined by the trustees, preceding a child's entry into kindergarten, first grade, second grade, or third grade.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-1803, MCA
History: NEW, 2024 MAR p. 721, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.54.903 Evaluation Methodology for Early Numeracy Targeted Interventions

(a) For four-year olds:

(i) number naming;

(ii) one-to-one correspondence;

(iii) oral counting;

(iv) quantity comparison.

(b) Prior to kindergarten:

(i) number naming;

(ii) one-to-one correspondence;

(iii) oral counting;

(iv) quantity comparison;

(v) cardinality.

(i) oral counting;

(ii) quantity comparison;

(iii) cardinality;

(iv) subitizing;

(v) numeral identification;

(vi) math composite.

(d) Prior to second grade:

(i) subitizing;

(ii) number order;

(iii) strategic counting;

(iv) numeral identification;

(v) number comparison;

(vi) addition and subtraction;

(vii) math composite.

(e) Prior to third grade:

(i) numeral identification;

(ii) number comparison;

(iii) addition and subtraction;

(iv) problems in context;

(v) math composite.

(3) A local board of trustees adopting and using one of the approved evaluation methodology screening tools shall be construed to have complied with this rule.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2025 MAR, Notice No. 2025-215, Eff. 8/9/25; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Subchapter 10.54.10 Educational Opportunities

Mont. Admin. R. 10.54.1010 Deadlines for Applications and Annual Reports

(1) For applications submitted for transformational learning aid, the following deadlines apply:

(a) for fiscal year 2023, the opening date for applications: January 3, 2022;

(b) for fiscal year 2023, the closing date for applications: January 10, 2022;

(c) for all other fiscal years, the opening date for applications and for submission of annual reports is the first Monday of December each year; and

(d) the closing date for applications and for submission of annual reports is the second Monday of January each year following the opening date.

(2) For applications submitted for advanced opportunity aid, the following deadlines apply:

(a) The opening date for applications and for submission of annual reports is the first Monday of December each year; and

(b) The closing date for applications and for submission of annual reports is the second Monday of January each year following the opening date.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-7-1506, 20-7-1602, MCA
Implementing statute(s): Mont. Const. Art. X, sec, 9, 20-7-1506, 20-7-1602, MCA
History: NEW, 2019 MAR p. 1048, Eff. 7/27/19; AMD, 2019 MAR p. 2097, Eff. 11/23/19; AMD, 2020 MAR p. 183, Eff. 2/1/20; AMD, 2022 MAR p. 44, Eff. 1/15/22.

Subchapter 10.54.25 General Provisions

Mont. Admin. R. 10.54.2501 Explanation of the Content and Performance Standards

(1) The content and performance standards shall be used by school districts to develop local curriculum and assessment in content areas including: world languages. The K-12 content standards describe what students shall know, understand, and be able to do in these content areas. Benchmarks define the expectations for students' knowledge, skills, and abilities along a developmental continuum in each content area. Progress toward meeting these standards is measured at three points along that continuum: the end of grade 4, the end of grade 8, and upon graduation. Performance standards define the quality of student performance and describe the performance to be demonstrated. Performance level descriptions provide a picture or profile of student achievement at the four performance levels: advanced, proficient, nearing proficiency, and novice.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2016 MAR p. 1387, Eff. 7/1/17; AMD, 2016 MAR p. 1955, Eff. 7/1/17; AMD, 2020 MAR p. 2134, Eff. 7/1/21.

Mont. Admin. R. 10.54.2502 Definitions

(1) "Benchmark" means expectations for a student's knowledge, skills, and abilities along a developmental continuum in each content area. That continuum is focused at three points: the end of grade 4, the end of grade 8, and upon graduation (grade 12) .

(2) "Content standard" means what all students should know, understand, and be able to do in a specific content area, such as reading, mathematics, or social studies.

(3) "Performance level" means the level of achievement in broad, general terms.

(a) "Advanced level" means superior performance;

(b) "Proficient level" means solid academic performance for each benchmark, reaching levels of demonstrated competency over challenging subject matter, including subject-matter knowledge, application of such knowledge to real-world situations, and analytical skills appropriate to the subject matter;

(c) "Nearing proficiency level" means a student has partial mastery of the prerequisite knowledge and skills fundamental for proficient work at each benchmark; and

(d) "Novice level" means a student is beginning to attain the prerequisite knowledge and skills that are fundamental for work at each benchmark.

(4) "Performance standard" means the specific expectations for performance in each content area at each of the three benchmarks. Performance standards define the quality of performance and describe the performance to be demonstrated.

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2001 MAR p. 953, Eff. 6/8/01.

Mont. Admin. R. 10.54.2503 Standards Review Schedule

(1) Montana's content and performance standards shall be reviewed and revised on a five-year cycle beginning July 1, 2005.

(2) A schedule for review of specific programs shall be established as a collaborative process with the office of public instruction and the board of public education with input from representatives of accredited schools. The schedule shall ensure that each program area is reviewed and revised at intervals not exceeding five years.

(3) The standards review process shall use context information, criteria, processes, and procedures identified by the office of public instruction with input from representatives of accredited schools.

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2001 MAR p. 953, Eff. 6/8/01.

Chapter 10.55 Standards of Accreditation

Subchapter 10.55.6 General Provisions

Mont. Admin. R. 10.55.601 Accreditation Standards: Procedures

(1) The Board of Public Education adopts standards of accreditation upon the recommendation of the Superintendent of Public Instruction.

(2) The Board of Public Education and the Superintendent of Public Instruction establish procedures and schedules for reviewing the accreditation status of each school.

(3) To ensure a learner-centered system and establish a plan for continuous education improvement, the school district shall develop, implement, monitor, and evaluate an integrated strategic action plan and make the plan publicly available. To align with local context and needs, the district integrated strategic action plan shall be updated at least every three years based on a comprehensive needs assessment with meaningful stakeholder input and feedback that comply, at a minimum, with applicable requirements in Title 2, chapter 3, part 1, MCA. The plan must clarify what specific steps must be taken to achieve the district graduate profile and reflect a continuous improvement process.

(4) Each plan shall include:

(a) a school district graduate profile as defined in ARM 10.55.602;

(b) the school district's educational goals pursuant to the requirements of ARM 10.55.701;

(c) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603;

(d) a description of strategies for assessing student progress toward meeting all content standards, pursuant to the requirements of ARM 10.55.603 and 10.56.101;

(e) a professional development component, in accordance with ARM 10.55.714;

(f) a description of how the district will meet programmatic requirements of state and federal grants; and

(g) a description of strategies for addressing the needs of gifted and talented students in accordance with ARM 10.55.804, children with disabilities in accordance with ARM 10.55.805, English learner students in accordance with ARM 10.55.806, and at-risk students as defined in 20-1-101, MCA.

(5) The local board of trustees shall report and submit their adopted integrated strategic action plan to the Superintendent of Public Instruction.

(6) The Superintendent of Public Instruction shall develop and implement procedures necessary to monitor and evaluate the effectiveness of the implementation of the integrated strategic action plan of each school district.

(7) To ensure learner centered systems and continuous educational improvement, the Superintendent of Public Instruction shall provide guidance, resources, and evaluation to assist in the implementation of the district integrated strategic action plan to improve learning outcomes for all students.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1992 MAR p. 43, Eff. 1/17/92; AMD, 1992 MAR p. 1472, Eff. 7/17/92; AMD, 1993 MAR p. 682, Eff. 4/30/93; AMD, 1994 MAR p. 2524, Eff. 9/9/94; AMD, 1995 MAR p. 1037, Eff. 6/16/95; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 172, Eff. 2/1/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.602 Definitions

For the purposes of this chapter, the following terms apply:

(1) "Accreditation" means certification by the Board of Public Education that a school meets the adopted standards of the Board of Public Education for a specified school year.

(2) "Assessment" means the gathering, organizing, and evaluation of information about student learning progression, growth, and proficiency in order to monitor and measure the effectiveness of the instructional program.

(3) "Assurance standards" means the minimal standards of a quality education program comprised of the following subchapters:

(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.608;

(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.724;

(d) Subchapter 9, Academic Requirements, ARM 10.55.901 through 10.55.910; and

(e) ARM 10.55.1001 through 10.55.2301.

(4) "Asynchronous" means not occurring at the same time. "Asynchronous" refers to instruction and communication between participants (i.e., students and teachers) that occur at different times.

(5) "Charter school" means a publicly funded school that may be exempt from an assurance standard or a section of assurance standards as defined in ARM 10.55.602(3). A charter school operates under the supervision and control of an existing locally elected board of trustees in an existing public school district.

(6) "Class 6 specialist" means a person with a Class 6 specialist license in a nonteaching role of school psychologist or school counselor.

(7) "Community engagement" means the partnership between members of the community and schools that may share resources and volunteer to support student well-being and learning development.

(8) "Comprehensive needs assessment" means a process that is used to identify district and school area(s) of need, the root causes of identified gaps, set priorities, and inform an action plan for improvement.

(9) "Content standard" means what all students should know, understand, and be able to do in a specific content area.

(10) "Corrective plan" means a systematic procedure and timeline for resolving deviations when a school has an accredited with probation status.

(11) "Deviation" means a citation of noncompliance with any given standard.

(12) "Digital content provider" means an entity, organization, or individual registered pursuant to ARM 10.55.907 offering K-12 educational content for distance, online, and technology-delivered programs and courses.

(13) "Distance learning" means instruction in which students and teachers are separated by time, location, or both with synchronous or asynchronous content, instruction, and communication between student and teacher. This instruction may consist of learning opportunities provided through online (Internet-based) and other emerging technologies.

(14) "Endorsement" means an official indication on a license of the subject area(s), specialized program area(s), or both for which the holder of the license is authorized to practice in Montana accredited schools.

(15) "Facilitator" means the individual assigned to monitor distance, online, and technology-delivered learning programs pursuant to ARM 10.55.907. The facilitator may be an instructional paraprofessional as long as there is a licensed teacher providing the instruction.

(16) "Family engagement" means a partnership with shared responsibility among families, educational staff, and community groups to promote each student's learning, well-being, and development of full educational potential during their entire K-12 experience.

(17) "Graduate profile" means a learner centered model(s) based on a shared vision of learner attributes that students should have when they graduate.

(18) "Graduation rate" means a calculation based on the four-year adjusted cohort graduation rate for all students and for each student group.

(19) "Instructional paraprofessional" means school or district personnel whose positions are instructional in nature and who work under the direct supervision of licensed school personnel. The supervising licensed school personnel are responsible for:

(a) the design, implementation, and assessment of learner progress; and

(b) the evaluation of the effectiveness of learning programs and related services for children.

(20) "Integrated strategic action plan" means a district plan adopted by the board of trustees that:

(a) is aligned with the peoples' goal in Article X, section 1 of the Montana Constitution of developing the full educational potential of each person;

(b) ensures a learner centered system and continuous improvement that reflects local context and needs;

(d) has engaged stakeholders and addresses stakeholder input and feedback; and

(e) aligns with requirements of applicable state and federal programs.

(21) "Intensive assistance" means a required process for schools in accredited with probation status. Such schools have failed to develop or implement an approved corrective plan to remedy accreditation deviations within the designated timeline.

(22) "Internship" as provided for in ARM 10.57.114 means an agreement between a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program. Internships are permitted in endorsement areas approved by the Board of Public Education in ARM 10.57.412 and 10.57.414 through 10.57.419.

(23) "Learning model" means the learning experiences students engage in and teachers facilitate that are aligned to the desired attributes of a graduate profile.

(24) "Learning progression" means the specific performance expectations in each content area and grade-level or grade-band from kindergarten through grade 12.

(25) "Licensure" means a certificate issued or applied for under 20-4-101, et seq., MCA.

(26) "Literacy" means constructing and validating knowledge in specific content areas which includes interpretation and learning with language, numeracy, and media.

(27) "Measure" means a way to assess the level of proficiency on a performance indicator aligned to the district graduate profile.

(28) "Middle grades" means grades 4 through 9.

(29) “Minimum requirement” as used in ARM 10.55.606 means groups of 10 or more students for reporting valid and reliable results as it pertains to student performance.

(30) "Nonlicensed" means a person who does not hold a current Montana educator license, except for a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.

(31) "Personalized learning" means to:

(a) develop individualized pathways for career and postsecondary educational opportunities that honor individual interests, passions, strengths, needs, and culture;

(b) support the student through the development of relationships among teachers, family, peers, the business community, postsecondary education officials, public entities, and other community stakeholders;

(d) foster a learning environment that incorporates both face-to-face and virtual connections.

(32) "Principal" means a person who holds a valid Montana Class 3 educator license with an applicable principal endorsement and who is employed by a district as a principal, or who is enrolled in a Board of Public Education approved principal internship program under ARM 10.57.114.

(33) "Professional development" means adult learning that increases educator effectiveness and learning outcomes for all students.

(34) "Proficiency-based learning" means systems of instruction, assessment, and academic reporting that are based on students demonstrating that they have learned the knowledge and skills as outlined in the state content standards.

(35) "Proficient" means that a student demonstrated a level of knowledge and skills that are expected to be learned signaling that a student is well prepared to progress on the learning continuum aligned to the content standards, learning progressions, and necessary readiness skills.

(36) "Program area standards" means the subject matter Montana school districts are required to offer and the strategies and proven practices used to instruct. The program area standards include: English language arts, arts, health and physical education, mathematics, science, social studies, career and technical education, technology integration, computer science, library media and information literacy, world languages, and school counseling.

(37) "Program delivery standards" means the conditions and practices school districts are required to provide ensuring that every student is afforded equal educational opportunities to learn, develop, and demonstrate achievement in content standards and content-specific grade-level or grade-band learning progressions.

(38) "Pupil instruction" is as defined in 20-1-101, MCA.

(39) "Pupil instruction day" means a school day of pupil instruction.

(40) "Pupil instruction-related (PIR) day" means days of teacher activities devoted to improving the quality of instruction. The activities may include, but are not limited to: in-service training, attending state meetings of teacher organizations, and conducting parent conferences.

(41) "School" means, for accreditation purposes, an educational program and grade assignments designated by the local board of trustees in one of the following categories:

(a) an elementary school, which offers any combination of kindergarten through eighth grade;

(b) a seventh and eighth grade school, which comprises the basic education program for grades 7 and 8 that may be funded at the high school rate pursuant to 20-9-306, MCA;

(d) a middle school, which offers education programs for grades 4 through 8 or any combination thereof; and

(e) a high school, which offers the educational programs for grades 9 through 12 or grades 10 through 12 when operating in conjunction with a junior high school.

(42) "School administrator" means a person who is a part of the school's administrative or supervisory staff and who holds a Class 3 license and is appropriately endorsed, or who is enrolled in a Board of Public Education approved administrator internship program under ARM 10.57.114.

(43) "School district means the territory, regardless of county boundaries, organized under the provisions of Title 20, MCA to provide public educational services under the jurisdiction of the local board of trustees. A high school district may encompass all or parts of the territory of one or more elementary districts. "School district" refers to all state-funded special purpose schools that are accredited under this chapter.

(44) "School system" means the administrative unit of a district or combination of districts. In Montana, types of school systems are as follows:

(a) "combined elementary-high school district" means an elementary district and a high school district which are combined into a single school system for district administration purposes through a K-12 district, unified school system, or joint board;

(b) "independent high school district" means a district organized for the purpose of providing public education for all or any combination of grades 9 through 12 that is operated independent of an elementary district; and

(c) "independent elementary school district" means a district organized for the purpose of providing public education for all or any combination of grades kindergarten through grade 8 that is operated independent of a high school district.

(45) "Stakeholders" means community members who may be involved and invested in districts, schools, programs, and outcomes for students. Stakeholders include students, families, educators, leaders, business and community leaders, taxpayers, and the many partners who support them.

(46) “State accountability system” means federally mandated academic measures and Montana defined flex indicator(s) within the annual meaningful differentiation process.

(47) "Student growth" means changes in student learning as measured from one point in time to another as determined by state or local measures, or both. The federal accountability system uses a growth model to demonstrate student learning across time as measured by statewide assessments.

(48) "Student performance standards" means the measurement of student performance and proficiency on annual state level summative assessments and graduation rates used to determine the accreditation status of a school.

(49) "Superintendent" means a person who holds a valid Montana Class 3 educator license, with an applicable superintendent's endorsement, or who is enrolled in a Board of Public Education approved superintendent internship program under ARM 10.57.114.

(50) "Synchronous" means occurring at the same time. "Synchronous" refers to instruction and communication between participants (i.e., students and teachers) that occurs at the same time even though they may be in different physical locations. For example, instruction in which students and teachers are online at the same time so that a question can be immediately answered.

(51) "Teacher" means a person, except a district superintendent, who holds a valid Montana educator license issued by the Superintendent of Public Instruction under the policies adopted by the Board of Public Education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.

(52) "Technology-delivered learning" means instruction and content digitally delivered via technologies.

(53) "Variance to standard" means an alternate approach to meeting or exceeding the minimum standards.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2080, Eff. 9/26/03; AMD, 2007 MAR p. 692, Eff. 5/25/07; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2019 MAR p. 1742, Eff. 10/5/19; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.603 Curriculum and Assessment

(1) Local school districts shall develop and implement a proficiency-based learning model that includes curriculum aligned to all content standards and appropriate learning progressions.

(2) School districts shall review, update, and align their learning programs following or after the state's schedule for revising standards.

(3) School districts shall assess all students' progression, growth, and proficiency of content standards and content-specific grade-level or grade-band learning progressions in each program area as aligned with the district assessment plan in (5). The district shall use multiple measures including state-level achievement information obtained by administration of assessments pursuant to ARM 10.56.101 to examine the learning program and measure its effectiveness.

(a) The examination of program effectiveness using assessment results shall include current students and be supplemented with information about graduates and other students no longer in attendance; and

(b) The information obtained shall be considered in curriculum and assessment development.

(4) For content standards in all program areas pursuant to the requirements of ARM 10.55.602, school districts shall:

(a) establish curriculum and assessment development processes as a cooperative effort of personnel licensed and endorsed in the program area and trustees, administrators, other teachers, students, specialists, families, community members, and, when appropriate, tribal representatives and state resource staff;

(b) review curricula at least every five years or consistent with the state's standards revision schedule, and modify, as needed, to meet the goals of the integrated strategic action plan pursuant to ARM 10.55.601;

(c) review materials and resources necessary for implementation of the curriculum and assessment at least every five years, or consistent with the state's standards revision schedule that are consistent with the goals of the integrated strategic action plan pursuant to ARM 10.55.601; and

(d) review curricula and instructional materials and resources to ensure the inclusion of the distinct and unique cultural heritages and contemporary portrayal of American Indians.

(5) The school district shall develop and implement an assessment plan that details progression, growth, and proficiency, promotes demonstrations of student learnings, and measures student progress ensuring alignment to the local curriculum in all program areas pursuant to ARM 10.56.101.

(a) The assessment plan shall be included in the integrated strategic action plan pursuant to ARM 10.55.601 and be in place within two years following the development of local curriculum.

(b) School districts shall use appropriate multiple measures and methods, including state-level achievement information obtained by administration of assessments pursuant to the requirements of ARM 10.56.101, to assess student growth and proficiency of content standards and content-specific grade-level or grade-band learning progressions in all program areas.

(c) The Superintendent of Public Instruction shall develop criteria and procedures for the selection of appropriate multiple measures and methods to be used to assess student growth and proficiency of content standards and appropriate content-specific grade-level or grade-band learning progressions in all program areas.

(d) The Superintendent of Public Instruction shall provide technical assistance to districts to meet the criteria and procedures in (5)(c).

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1997 MAR p. 1185, Eff. 7/8/97; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.604 Variances to Standards

(1) A local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to implement a variance to an assurance or a section of assurance standards, excluding standards stating statutory criteria, standards pertaining to educator licensure or endorsement, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.

(a) In its application, the local board of trustees shall outline how and why its proposed variance would be workable, educationally sound, and designed to meet or exceed results under established standards and, where applicable, aligned with program standards under ARM 10.55.1101 through 10.55.2201.

(b) In its application, the school district shall provide evidence through official minutes of the board of trustees that local school community stakeholders were involved in the consideration and development of the proposed variance to an assurance standard or a section of assurance standards. Stakeholder groups include trustees, administrators, teachers, classified school staff, families, community members, and students as applicable. A district shall provide evidence it adopted its application for variance at an official, properly noticed meeting of its board of trustees.

(c) An application for variance to an assurance standard or a section of assurance standards is due in writing to the Superintendent of Public Instruction no later than the second Monday in October for the current academic year.

(d) Upon receipt, the Superintendent of Public Instruction shall refer applications for variance to an assurance standard or a section of assurance standards to a pre-appointed review board. The Superintendent of Public Instruction shall facilitate and provide organizational support for the meetings of the review board.

(i) The review board shall consist of the following, appointed by the Superintendent of Public Instruction and approved by the Board of Public Education: one trustee, one district superintendent, one high school principal, one elementary principal, two high school teachers, two elementary school teachers, one tribal council representative, and one family or community representative.

(ii) The review board members shall serve five year terms with no limit to the number of terms any one person may serve. Terms shall be staggered where half of all positions shall be filled every three years prior to the first meeting of the review board in the third year.

(e) The review board shall review all applications and use a uniform rubric, made available to districts in advance of applying to implement a variance to an assurance standard or a section of assurance standards. The uniform rubric will ensure consistent and high-quality applications from school districts across Montana.

(f) The review board shall provide its recommendations to the Superintendent of Public Instruction with a recommendation for approval, modification, or rejection of the review board's recommendation within 60 calendar days of the review board being referred an application.

(g) The Superintendent of Public Instruction shall provide the Board of Public Education with a recommendation for approval, modification, or rejection of the review board's recommendation.

(h) If the Superintendent of Public Instruction or review board finds an application to be preliminarily deficient, the superintendent shall advise the applicant school district why that application is not ready for consideration. The applicant district shall have the opportunity to change its application as suggested or submit it as originally proposed.

(2) The Board of Public Education shall approve or deny proposed variances to an assurance standard or a section of assurance standards. If the board denies a proposed variance to an assurance standard or a section of assurance standards, it shall remit in writing to the applicant school district why it has done so.

(3) If the Board of Public Education approves a proposed variance to an assurance standard or a section of assurance standards, it shall initially do so for no more than two years pending ongoing review of the implementation by the Superintendent of Public Instruction.

(4) Following the second year of implementation of a variance to an assurance standard or a section of assurance standards, the school district shall provide evidence to the Superintendent of Public Instruction that the methods selected by the district implement, meet, or exceed results that could have been achieved under established standards.

(5) If the Superintendent of Public Instruction finds the variance is workable and educationally sound, the Superintendent shall report findings and recommend continued approval to the Board of Public Education.

(6) If the Board of Public Education concurs with the Superintendent's recommendation, it may renew the variance for no more than three years.

(7) The Board of Public Education may subsequently renew the variance provided the district continues to show how the variance meets or exceeds established standards.

(8) If the Superintendent of Public Instruction finds the variance to an assurance standard or a section of assurance standards is not working as intended or does not meet or exceed results that could be achieved under established standards, the superintendent shall recommend to the Board of Public Education that the variance be revoked.

(9) If the Board of Public Education accepts the Superintendent's recommendation to revoke a variance, the board's decision is final.

(10) A school district may discontinue an approved variance at any time. If it does so, it shall promptly notify the Superintendent of Public Instruction in writing.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1995 MAR p. 623, Eff. 4/28/95; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.605 Categories of Accreditation

(1) Regular accreditation means the school has met the assurance standards and student performance standards as defined in ARM 10.55.606, and the Licensure Endorsement Requirements Related to Teaching Assignments. A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction.

(2) Regular with minor deviation accreditation means the school does not meet all the requirements of regular accreditation outlined in (1), as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(3) A school with regular accreditation with a deviation in student performance standards, as defined in ARM 10.55.606, or regular with minor deviations accreditation, as defined in ARM 10.55.606, shall remedy the deviations within three years or will be reassigned to a lower category of accreditation.

(4) Advice accreditation means the school exhibits serious and/or numerous deviations from the standards. A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction.

(5) Deficiency accreditation means the school is in advice status for two years, has not complied with the required corrective plan, and continues to have serious and/or numerous deviations, or has substantially increased the seriousness of deviations over the previous year.

(6) For a district with a school in advice or in deficiency status, the district administrator and the chair of the local board of trustees shall submit to the Superintendent of Public Instruction a corrective plan, including a systematic procedure and timeline for resolving the deviations noted.

(7) A school shall be immediately placed in deficiency status if:

(a) the school employs a teacher who does not have a Montana teaching license; or

(b) the school has a facility that creates an unhealthy environment with safety and health hazards.

(8) A school in deficiency status failing to comply with the required corrective plan shall be placed into the intensive assistance process as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(9) Nonaccredited status means that a school in deficiency status fails to meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.

(10) A school seeking initial accreditation or reinstatement of accreditation shall meet the requirements of regular accreditation outlined in (1). This process shall include an on-site review from the Office of Public Instruction.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2019 MAR p. 1742, Eff. 10/5/19; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.606 Accreditation Process

(1) The categories of accreditation of a school shall be determined by using two sets of standards:

(a) assurance standards; and

(b) student performance standards.

(2) Assurance standards are comprised of the following subchapters in ARM Title 10, chapter 55:

(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.608;

(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.724;

(d) Subchapter 9, Academic Requirements, ARM 10.55.901 through 10.55.911; and

(e) ARM 10.55.1001 through 10.55.2301.

(3) Student performance standards are comprised of measures required under ARM 10.56.101(3) and other measures described in the state accountability system, defined in ARM 10.55.602, recommended by the state superintendent and approved by the Board of Public Education.

(a) The Board of Public Education shall annually review the minimum requirement, defined in ARM 10.55.602, for reporting valid and reliable student group results and to protect student privacy based on the recommendation of the State Superintendent of Public Instruction.

(b) The State Superintendent of Public Instruction shall recommend to the Board of Public Education modifications to the student performance standards after consultation with representative stakeholders.

(4) For schools with only combinations of grades PK-2, only the assurance standards shall be used to determine accreditation status , pursuant to ARM 10.55.605 Categories of Accreditation.

(5) Categories of assurance standards and student performance standards shall be used to determine accreditation status.

(6) A school shall be designated regular accreditation status by using the combined results of the assurance standards and student performance standards as follows:

(a) Regular status for assurance standards and regular status for student performance standards;

(b) Regular status for assurance standards and regular with minor deviation for student performance standards; or

( c) Regular with minor deviation for assurance standards and regular status for student performance standards.

(7) A school shall be designated regular with minor deviation status by using the combined results of both assurance standards and student performance standards in regular with minor deviation status, or as stated in ARM 10.55.605.

(8) A school shall be designated in advice status by using the combined results of the assurance standards and student performance standards in either set of standards, or as stated in ARM 10.55.605.

(9) A school shall be designated deficiency status by using the combined results of assurance standards and student performance standards in deficiency in either set of standards, or as stated in ARM 10.55.605.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2019 MAR p. 1742, Eff. 10/5/19; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.608 Charter School Application

(1) A school district with the approval of an existing local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to form a charter school.

(a) A charter school must provide an education that meets or exceeds the requirements of the Montana Constitution, state law, and student performance standards.

(b) The Board of Public Education may only grant charters to publicly funded schools or programs under the supervision and control of an existing locally elected board of trustees in an existing school district.

(c) The procedure by which a school district may apply to create a charter school and by which the Board of Public Education may approve, deny, evaluate, and renew a charter school shall be identical to that outlined in ARM 10.55.604.

(d) To be proposed by an existing local board of trustees and approved by the Board of Public Education, a charter school shall, at a minimum, guarantee the following:

(i) school district governance and control;

(ii) unrestricted, open student access;

(iii) compliance with all health and safety laws;

(iv) teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;

(v) employee collective bargaining to the same extent as required or provided by state law; and

(vi) a plan for consideration of input by community members and staff as to formation and implementation issues. Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.

(e) Charter school applications must comply with statutory criteria, assurance standards pertaining to ARM Title 10, chapter 55, subchapter 6, General Provisions, ARM 10.55.601 through 10.55.606, ARM 10.57.114, ARM 10.55.719 through 10.55.721, or subchapter 8, Educational Opportunity, ARM 10.55.801 through 10.55.806, assurance standards pertaining to educator licensure or endorsement, student performance standards, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.

(f) A school district may discontinue an approved charter school at any time. If it does so, it shall promptly notify the Board of Public Education in writing.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.7 School Leadership

Mont. Admin. R. 10.55.701 Board of Trustees

(1) The local board of trustees shall ensure that the school district complies with all local, state, and federal laws and regulations.

(2) Each school district shall make available to the staff and public:

(a) an integrated strategic action plan that includes a graduate profile as outlined in ARM 10.55.601;

(b) sequential K-12 curriculum for each program area that aligns to the content standards, content specific grade-level or grade-band learning progressions, and program area standards;

(c) policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported;

(d) policies providing descriptions of the roles and responsibilities of the local board of trustees, superintendent, and personnel employed by the school district;

(e) a policy addressing grievances for students, families, staff, and stakeholders; and

(f) any other policies required by state or federal law.

(3) The local board of trustees shall establish conditions that contribute to a positive school climate which:

(a) implement family and community engagement strategies as found in ARM 10.55.722; and

(b) engage in a continuous school improvement process that is aligned with the school district's integrated strategic action plan .

(4) The local board of trustees shall develop, with stakeholder input, an integrated strategic action plan to which the district graduate profile is aligned.

(5) The local board of trustees with meaningful stakeholder involvement shall establish and implement such additional policies as the board deems necessary that:

(a) provide for the safety and well-being of all students and staff;

(b) emphasize student learning and each student's growth;

(d) establish other policies for the effective operation of the school district.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2006 MAR p. 755, Eff. 3/24/06; AMD, 2007 MAR p. 692, Eff. 5/25/07; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2013 MAR p. 961, Eff. 6/7/13; AMD, 2018 MAR p. 1580, Eff. 8/11/18; AMD, 2019 MAR p. 1049, Eff. 7/27/19; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.702 Licensure and Duties of District Administrator - District Superintendent

(1) The district superintendent shall be:

(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or

(b) considered appropriately assigned if the superintendent is enrolled in an internship program as defined in ARM 10.55.602 and meets the requirements of ARM 10.57.114.

(2) A superintendent intern shall be supervised throughout the year by a licensed and endorsed superintendent contracted by the district, including participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.

(3) The district superintendent shall perform administrative duties in accordance with 20-4-402, MCA.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.703 Licensure and Duties of School Principal

(1) The school principal shall:

(a) be appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or

(b) be considered appropriately assigned if the principal is enrolled in an internship as defined in ARM 10.55.602 and meets the requirements of ARM 10.57.114.

(2) Supervision of the principal intern shall be provided throughout the year by the district superintendent, county superintendent, or in the absence of either, a licensed and endorsed superintendent contracted by the district. Such supervision shall include participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.

(3) The principal shall carry out the district's policies and procedures, provide instructional leadership, and be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources to maximize student learning outcomes.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1992 MAR p. 1137, Eff. 5/29/92; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.704 Administrative Personnel: Assignment of District Superintendents

(1) The assignment of licensed superintendents for all configurations of school systems shall be based upon full-time equivalency (FTE) and shall be assigned as follows:

(a) School systems with 14 or fewer FTE licensed staff and without a licensed superintendent employed may use a supervising teacher and the services of the office of the county superintendent to satisfy administrator requirements;

(b) School systems with more than 14 and fewer than 18 FTE licensed staff shall employ a part-time, at a minimum of .10 FTE, licensed superintendent. One individual may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(c) School systems with 18 or more and fewer than 31 FTE licensed staff shall employ a half-time (.50 FTE) licensed superintendent. One administrator may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(d) School systems with 31 or more FTE licensed staff shall employ a full-time (1.0 FTE) licensed superintendent who shall devote full time to administration and supervision not to exceed a total assignment of 1.0 FTE; and

(e) No individual superintendent assigned pursuant to the ratios in (1) may be assigned as more than 1.0 FTE.

(2) School systems with 100 or more FTE licensed staff shall employ a full-time curriculum coordinator to supervise the educational program and alignment of standards, assessment, curriculum, instruction, and instructional materials. The curriculum coordinator shall hold a Class 3 administrative license. Those districts with fewer than 100 FTE licensed staff and no full-time curriculum coordinator shall employ the services of a consortium, multidistrict collaborative, or interlocal cooperative, or a part-time, designated curriculum coordinator.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1992 MAR p. 1137, Eff. 5/29/92; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2013 MAR p. 961, Eff. 6/7/13; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.705 Administrative Personnel: Assignment of School Administrators/Principals

(1) School systems with nine or fewer FTE licensed staff and without a licensed superintendent may use a supervising teacher and the services of the office of the county superintendent to satisfy principal requirements.

(2) The assignment of licensed principals shall be based upon student enrollment and prorated as applicable. Principal assignments are as follows:

(a) 0.25 FTE licensed principal shall be assigned to schools with enrollments of 125 to fewer than 175 students;

(b) 0.50 FTE licensed principal shall be assigned to schools with enrollments of 175 to fewer than 250 students;

(d) 2 FTE licensed principals shall be assigned to schools with enrollments of 550 to fewer than 1050 students;

(e) 3 FTE licensed principals shall be assigned to schools with enrollments of 1050 to fewer than 1550 students;

(f) 4 FTE licensed principals shall be assigned to schools with enrollments of 1550 to fewer than 2050 students;

(g) 5 FTE licensed principals shall be assigned to schools with enrollments of 2050 or more students.

(3) No individual principal assigned pursuant to the ratios in (2) may be assigned as more than 1.0 FTE.

(4) In a school that requires two or more FTE administrators/principals, at least one individual shall be appropriately endorsed as principal. At least a second administrator shall have an administrative endorsement(s) at the appropriate level(s) and in the area(s) that accurately reflects the administrator's supervisory responsibilities. For example, a school may assign properly licensed and endorsed curriculum coordinators to supervise the appropriate instructional programs. No individual administrator assigned pursuant to the ratios in ARM 10.55.705(2) may be assigned as more than 1.0 FTE.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1992 MAR p. 1137, Eff. 5/29/92; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2007 MAR p. 692, Eff. 5/25/07; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.706 Teacher Involvement

(1) Teachers shall use their professional judgment and measures of student growth and proficiency to provide engaging and highly effective pupil instruction to all students based on individual need.

(2) Teachers shall be involved in curriculum development and student assessments and in the promotion of a school climate that enhances student learning, achievement, and well-being.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.707 Teacher and Specialist Licensure

(1) Teachers and specialists shall be:

(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or

(b) considered appropriately assigned if enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(2) The school district shall arrange for a licensed and endorsed teacher in the content area to provide periodic support to the intern.

(3) School psychologists shall be licensed under ARM 10.57.432(1) or 10.57.433 and 10.57.434, or considered appropriately assigned if they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(4) School counselors shall be:

(a) licensed under ARM 10.57.432(2) or 10.57.433 and 10.57.435; or

(b) considered appropriately assigned if they hold a Class 1 or 2 license and are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(5) All personnel whose qualifications are not outlined in ARM Title 10, Chapter 57 must have a license issued by the appropriate state or federal licensing agent or national registry if required by the existing rules and regulations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1991 MAR p. 1933, Eff. 10/18/91; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.708 Teaching Assignments

(1) Teachers shall be assigned at the levels and in the subjects for which they are licensed and endorsed, unless they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(2) Teachers assigned in grade 5 or 6 in the departmentalized classroom or middle school, who hold a 5-12 secondary license, must be endorsed in the subjects they are teaching. A 5-12 license will not cover a grade 5 or 6 assignment in a self-contained K-8 classroom.

(3) Clarifications of teaching assignments in grades 5 through 12 departmentalized settings are published in the Licensure Endorsement Requirements Related to Teaching Assignments, which must be made publicly available by the Superintendent of Public Instruction.

(4) Licensure at the elementary level entitles the holder to teach in grades K through 8.

(5) No teacher shall have more than 28 hours of assigned student responsibility per week except for one-, two-, and three-teacher schools.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2013 MAR p. 961, Eff. 6/7/13; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.709 Library Media Services, K-12

(1) The school library shall be housed in a central location, and each school shall have a licensed and endorsed library media specialist at the following ratio:

(a) .5 FTE for schools with 126-250 students;

(b) 1 FTE for schools with 251-500 students;

(d) 2 FTE for schools with 1001-1500 students;

(e) 2.5 FTE for schools with 1501-2000 students;

(f) 3 FTE for schools with 2001 or more students.

(2) Schools of fewer than 126 students shall employ or contract with a licensed and endorsed school library media specialist.

(3) If a district has fewer than 126 students, the district may utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.710 Assignment of School Counseling Staff

(1) A minimum equivalent of one full-time counselor for each 400 elementary (K-8) students shall be provided. The counselor/student ratio shall be prorated.

(2) A minimum equivalent of one full-time counselor for each 400 high school students (including grades 7 and 8 if high school funding is received) shall be provided. The counselor/student ratio shall be prorated.

(3) Districts with fewer than 126 students may employ or contract with a licensed, endorsed school counselor or Class 6 specialist or utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.712 Class Size: Elementary

(1) In single grade rooms, the maximum class size shall be:

(a) no more than 20 students in kindergarten and grades 1 and 2;

(b) no more than 28 students in grades 3 and 4;

(2) In multigrade classrooms, the maximum class size shall be:

(a) no more than 20 students in grades K, 1, 2, and 3;

(b) no more than 24 students in grades 4, 5, and 6;

(3) Multigrade classrooms that cross grade level boundaries (e.g., 3-4, 6-7) shall use the maximum of the lower grade.

(4) In one-teacher schools, the maximum class size shall be 18 students.

(5) The school district must assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes at a rate of 1 1/2 hours per day, per student overload.

(6) An overload of five students per classroom is considered excessive.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1995 MAR p. 625, Eff. 4/28/95; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.713 Teacher Load and Class Size: High School, Junior High, Middle School, and Grades 7 and 8 Funded at High School Rates

(1) Each program offered shall be staffed by appropriately licensed and endorsed FTE educators.

(2) Individual class size shall not exceed 30 students.

(a) Class size limits do not apply to instrumental music or choral groups.

(b) Laboratory/studio, e.g., science, art, PE, career and technical education, class size shall be limited for safety purposes. The number of students shall be determined through consultation with the teacher, considering the number, size, and use of laboratory stations.

(3) The number of students assigned a teacher per day shall not exceed 150.

(a) Study hall, regardless of size, shall be counted at 15 students.

(b) Student limits do not apply to instrumental music or choral groups.

(c) Library, guidance, and study hall duties are assigned student responsibilities. However, in cases where a teacher is assigned full time in these areas, the assignment may be for the entire day.

(4) Teachers with a significant writing program, as determined by the local board of trustees, shall have a maximum load of 100 students.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13.

Mont. Admin. R. 10.55.714 Professional Development

(1) Professional development:

(a) shall be aligned with the district graduate profile and educational goals outlined in the district integrated strategic action plan described in ARM 10.55.601;

(b) shall be provided to address safety, well-being, and mental health of students and staff;

(d) focuses on individual, collegial, and organizational learning, reflection, and growth;

(e) respects and nurtures the intellectual and leadership capacity of teachers, principals, and others in the school community by incorporating active learning and adult learning theory;

(f) reflects research and demonstrates models of effective practice in teaching, learning, and leadership;

(g) enables teachers to develop further experience in subject content, teaching strategies, uses of technologies, and other essential elements in teaching to high standards;

(h) offers opportunities for feedback and reflection;

(i) is ongoing and sustained;

(j) is planned collaboratively by those who will participate in and facilitate that development;

(k) requires substantial time, other resources, and where practical provides coaching and expert support;

(l) is job-embedded to encourage teachers to meet, share, collaborate, and grow their practice;

(m) is driven by a coherent long-term plan; and

(n) is evaluated on the impact of professional development on teacher effectiveness and student learning, and the results of this assessment guides subsequent professional development.

(2) Teachers and specialists shall annually complete professional development pursuant to the requirements of 20-1-304 and 20-4-304, MCA, including a minimum of three pupil instruction related (PIR) days dedicated exclusively to professional development.

(a) A professional development PIR day shall constitute six hours of contact time.

(b) A school district may divide a professional development PIR day into no fewer than two-hour blocks of contact time.

(c) A professional development block may be held on the same day as a pupil instruction day, but a school district shall not schedule a professional development PIR day to convene simultaneously with a pupil instruction day.

(3) The local board of trustees shall establish an advisory committee to evaluate the school district's current school year professional development plan; and develop and recommend a plan for the subsequent school year, which is a required component of the integrated action plan outlined in ARM 10.55.601.

(a) The advisory committee shall include, but not be limited to, trustees, administrators, and teachers. A majority of the committee shall be teachers.

(b) Each school year the local board of trustees shall adopt a professional development plan embedded in the district integrated strategic action plan for the subsequent school year based on the recommendation of the advisory committee.

(c) The plan recommended by the advisory committee and adopted by the local board of trustees shall outline how, when, and from whom teachers and specialists shall meet their professional development PIR day expectations.

(d) The plan adopted by the local board of trustees must take into consideration the advisory committee's recommendations and include two professional development PIR days in October during which schools must close in order to permit teachers and specialists to attend the annual professional development meetings of state professional associations.

(e) The adopted plan may include alternatives but shall not interfere with or prohibit teacher and specialist attendance at the annual October professional development meetings of state professional associations.

(f) Teachers and specialists who do not attend the annual professional development October meetings of state professional associations or school district plan approved alternative professional development PIR days shall not be paid for the days they are absent.

(g) Teachers, specialists, administrators, and school districts shall not substitute for professional development PIR day purposes professional development opportunities not specifically outlined in the school district's adopted professional development plan.

(h) The local board of trustees shall make their plan available to employees and the public.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.715 Instructional Paraprofessionals: Qualifications and Supervision

(1) Instructional paraprofessionals shall be under the direct supervision of a licensed teacher who is responsible for instruction and assessment of students. The supervising teacher shall be available while the instructional paraprofessional is fulfilling his or her responsibilities and shall not be simultaneously assigned to another teaching duty or preparation time.

(a) Instructional paraprofessionals assigned to assist students with special education needs shall be under the supervision of the teacher or other professional designated as primarily responsible for instructional planning for the student. The designated professional has the responsibility to provide regularly scheduled communication and direction to the instructional paraprofessional and not to delegate any activity to the instructional paraprofessional that requires professional skill, knowledge, and judgment.

(b) Instructional paraprofessionals assigned to assist students in gaining specialized knowledge not generally available from a properly endorsed teacher shall be supervised by a teacher licensed at the proper level. The supervising teacher is responsible for instruction and assessment of students and shall not be simultaneously assigned to another teaching duty or preparation time.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.716 Substitute Teachers

(1) Substitute teachers may be used for extended teacher absences under the following conditions:

(a) In cases where a regular, licensed teacher under contract is temporarily unable, by reason of illness or for other reasons approved by the local board of trustees, to fulfill the teacher's duties, substitute teachers may be employed to carry on the duties of that teacher's position for a period not to exceed 35 consecutive teaching days. Such substitutes need not hold a current license, but preference shall be given to those substitutes who are properly licensed.

(b) If the absence of the regular, licensed or authorized teacher continues for more than 35 consecutive teaching days, the substitute may be placed under contract if licensed or the local board of trustees shall place a licensed teacher under contract. If the local board of trustees makes a written declaration to the Superintendent of Public Instruction that no licensed teacher is available, the district shall pursue the employment of a teacher authorized under the provisions of ARM 10.57.107.

(2) Any nonlicensed substitute teacher shall complete a minimum of three hours of training, as approved by the local board of trustees.

(3) Any nonlicensed substitute teacher must have received a high school diploma or have attained a passing score on the general education development assessment.

(4) A district that employs a nonlicensed substitute teacher must conduct a fingerprint-based background check of that individual according to the following procedures:

(a) The nonlicensed substitute teacher must present a complete set of fingerprints to a qualified law enforcement agency to be submitted to the school district.

(b) The district shall not employ the nonlicensed substitute teacher until state and federal authorities have reported the results of the background check or until the district has conducted a reference check of the individual.

(c) The district shall consider the information obtained from the results of the fingerprint-based background check under the provisions of Title 37, chapter 1, part 2, MCA, governing the licensure of criminal offenders and under 20-4-110, MCA. Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the district as grounds for removal from the classroom if the conviction was for a sexual offense, theft, or any other crime meeting the criteria of Title 37, chapter 1, part 2, MCA.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-4-102, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-4-102, 20-7-101, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD & TRANS, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2007 MAR p. 504, Eff. 4/27/07; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.717 Assignment of Persons Providing Instruction to Braille Students

(1) No licensed or classified employee of a school district, cooperative, or any contracted service provider shall be assigned to provide instruction of Braille to a student or produce Braille materials who has not demonstrated competency in "contracted" (grade two) standard literary Braille code by:

(a) successful completion of a program, for teaching visually impaired students, from an approved educator preparation program as defined in ARM 10.57.102;

(b) successful completion of the National Certification in Unified English Braille Test and maintenance of that certificate;

(c) successful completion of the Unified English Braille Exam (Washington State School for the Blind) and ongoing maintenance; or

(d) successful completion of the Literary Braille Transcribing Course available through the National Federation of the Blind.

(2) The employing agency (school district and/or cooperative) is responsible for:

(a) monitoring appropriate assignment of personnel under (1);

(b) assuring personnel working towards certification are making adequate gains in their coursework; and

(3) Any person under (1) shall have two years, from the date that the individual has been initially assigned to provide instruction in Braille or to produce Braille materials, to successfully pass the testing requirements.

(4) A person who has met the requirements of (1) shall maintain their facility with "contracted" (grade two) standard literary Braille code through continuing education opportunities.

(5) For the purposes of (4), an approved provider of continuing education may include any entity approved by the Montana Office of Public Instruction and/or the Montana Board of Education.

(6) Individuals who seek to remain eligible to work with visually impaired students are responsible for documenting completion of continuing education. Such individuals will provide a copy of their documentation to their employing school district.

(7) If a paraprofessional, who has not successfully met the requirements found in (1), is assigned to work with a student who has a visual impairment, the paraprofessional will be supervised by the designated special education teacher in collaboration with a teacher of the visually impaired who holds a credential from an approved educator preparation program as defined in ARM 10.57.102. In addition, the assigned paraprofessional and the school district shall meet the requirements contained in (1) within two years of the date a student with a visual impairment has been identified as in need of Braille instruction and/or materials.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, 20-7-475, MCA
History: NEW, 2007 MAR p. 188, Eff. 2/9/07; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.718 Assignment of Persons Providing Sign Language Interpreting for Students Who Are Deaf or Hard of Hearing

(1) Effective July 1, 2011, and not withstanding (3), no licensed or classified employee of any school district, cooperative, or contracted service provider shall be regularly assigned to provide educational sign language interpreting for a student(s) unless the employee has demonstrated skills and knowledge, at a 3.5 level or higher, on the Educational Interpreter Performance Assessment (EIPA) and passed the written portion of the Educational Interpreter Performance Assessment.

(2) Substitute employees of any school district, cooperative, or contracted service provider temporarily assigned to provide educational sign language interpreting for a student(s) for a period longer than 35 consecutive teaching days shall meet the standard in (1).

(3) An employee who has not met the qualifications in (1), but who has demonstrated a competency level of 2.5 or higher on the EIPA or a score commensurate with a competency level of 2.5 or higher on the EIPA Pre-Hire Assessment, may be assigned to provide educational sign language interpreting services. Such individuals shall have three years, from date of initial assignment, or the effective date of this rule, to demonstrate competency as described in (1).

(4) The employing entity (school district, cooperative, or contracting service provider) is responsible for providing appropriate assignment of personnel (directly) and/or use of appropriate technologies.

(5) Employees who have met the requirements in (1) and who seek to remain eligible to work as educational sign language interpreters are responsible for documenting a completion of 12 clock hours of professional development and/or Office of Public Instruction professional development units per calendar year related to the improvement of educational interpreting, performance, and knowledge skills. Such individuals will provide documentation of completion to their employing school district, cooperative, or contracting agency.

(6) For purposes of (5), approved providers of continuing educational opportunities shall include any entity approved by the Montana Office of Public Instruction or the Montana Board of Public Education.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2009 MAR p. 1659, Eff. 9/25/09; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.719 Student Protection Procedures

(1) A local board of trustees shall adopt a policy designed to deter persistent threatening, insulting, or demeaning gestures or physical conduct, including an intentional written, verbal, or electronic communication or threat directed against a student or students regardless of the underlying reason for such conduct, that:

(a) causes a student physical or emotional harm, damages a student's property, or places a reasonable fear of harm to the student or the student's property;

(b) substantially and materially interferes with access to an educational opportunity or benefit; or

(2) Behavior prohibited under (1) includes retaliation against a victim or witness who reports behavior prohibited under (1).

(3) "Persistent" as used in this rule can consist of repeated acts against a single student or isolated acts directed against a number of different students.

(4) The behavior prohibited in (1) includes but is not limited to conduct:

(a) in a classroom or other location on school premises;

(b) during any school-sponsored program, activity, or function where the school is responsible for the student including when the student is traveling to and from school or on a school bus or other school-related vehicle; or

(c) through the use of electronic communication, as defined in 45-8-213, MCA, that substantially and materially disrupts the orderly operation of the school or any school-sponsored program, activity, or function where the school is responsible for the student.

(5) Each local board of trustees has discretion and control over the development of its policies and procedures regarding behavior prohibited under (1), but each district's policies and procedures must include at a minimum:

(a) a prohibition on the behavior specified in (1), regardless of the underlying reason or reasons the student has engaged in such behavior;

(b) a procedure for reporting and documenting reported acts of behavior prohibited under (1);

(c) a procedure for investigation of all reports of behavior prohibited under (1)(a) that includes an identification of the persons responsible for the investigation and response;

(d) a procedure for determining whether the reported act is subject to the jurisdiction of the school district or another public agency, including law enforcement, and a procedure for referral to the necessary persons or entity with appropriate jurisdiction;

(e) a procedure for prompt notification, as defined in the district policy, of the alleged victim and the alleged perpetrator, or the parents or guardian of such students when the students are minors;

(f) a procedure to protect any alleged victim of behavior prohibited under (1)(a) from further incidents of such behavior;

(g) a disciplinary procedure establishing the consequences for students found to have committed behavior prohibited under (1); and

(h) a procedure for the use of appropriate intervention and remediation for victims and perpetrators.

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2012 MAR p. 2042, Eff. 7/1/13.

Mont. Admin. R. 10.55.720 Suicide Prevention and Response

(1) A local board of trustees shall establish policies, procedures, or plans related to suicide prevention and response that may include the following recommended elements:

(a) Promotes collaboration with families and with community providers in all aspects of suicide prevention and response;

(b) Implements a prevention and response program that is effective in reaching students, staff, and parents using resources required of the Office of Public Instruction under 20-7-1310, MCA;

(d) Promotes interagency cooperation that enables school personnel to identify and access appropriate community resources for use in times of crisis;

(e) Includes reintegration of youth into a school following a crisis, hospitalization, or residential treatment;

(f) Provides for leadership, planning, and support for students and school personnel to ensure appropriate responses to attempted or completed suicides; and

(g) Ensures regular evaluation and revision of the policy and procedures.

(2) The term "response" includes both immediate response and postvention guidelines.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2018 MAR p. 1580, Eff. 8/11/18.

Mont. Admin. R. 10.55.721 Hazard and Emergency Plans

(1) A local board of trustees shall adopt a policy addressing a school safety plan or emergency operations plan. The plan required by this rule shall be periodically reviewed with stakeholder input and updated as determined necessary by the trustees based on changing circumstances pertaining to school safety. Nothing in this rule shall be construed to require disclosure of elements of a school safety plan protected from public disclosure under the safety and security exceptions set forth in 2-6-1003, MCA.

(2) The plan shall include:

(a) identification and assessment of the risks posed by potential local hazards within the boundaries of its school district;

(b) designing and incorporating regularly conducted disaster drills to address the hazards identified pursuant to (1);

(d) training.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2019 MAR p. 1049, Eff. 7/27/19; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.722 Family and Community Engagement

(1) The local board of trustees shall implement a comprehensive family and community engagement plan that:

(a) is aligned to the district integrated strategic action plan required in ARM 10.55.601;

(b) includes effective engagement practices that are linked to relational, developmental, collaborative, and interactive learning;

(c) recognizes that family and school staff have a shared responsibility in the learning of their child(ren) as evidenced by the following core beliefs:

(i) families have dreams for their children and want the best for them;

(ii) all families have the capacity to support their children's learning;

(iii) family and school staff are partners; and

(iv) the responsibility for cultivating and sustaining an inviting and inclusive climate rests primarily with school staff; and

(d) meets the following goals:

(i) families actively participate in the life of the school and are welcomed, valued, and connected to each other, to school staff, and to what students are learning and doing in class;

(ii) families and school staff engage in regular, two-way meaningful communication about student learning;

(iii) families and school staff continuously collaborate to support student learning and healthy development both at home and at school and have regular opportunities to strengthen their knowledge and skills to do so effectively;

(iv) families and school staff are empowered to advocate for children, to ensure that students are treated equitably and have access to learning opportunities that will support their success;

(v) families and school staff partner in decisions that affect children and families and together inform and influence policies, practices, and programs;

(vi) families and school staff collaborate with members of the community to connect students, families, and staff to expand learning opportunities, community services, and civic participation; and

(vii) families and school staff collaborate with members of the community to connect students, families, and staff to post-secondary education opportunities, including workforce training, apprenticeship opportunities, career pathways, and degree programs, and encourage students to explore college and career planning tools (including Free Application for Federal Student Aid completion) and incentives provided by post-secondary institutions.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.723 Mentorship and Induction

(1) The local board of trustees shall implement a mentorship and induction program as outlined in the integrated strategic action plan described in ARM 10.55.601 that:

(a) is research-based to ensure inclusion of high-impact professional learning strategies;

(b) is implemented to assist initial licensed and incoming educators in meeting teaching standards embedded in the district evaluation framework outlined in ARM 10.55.724;

(c) supports initial licensed and incoming teachers' planning, implementation, and assessment of instruction aligned to the program area and content standards and content-specific learning progressions;

(d) supports initial licensed and incoming teachers to establish and maintain a positive classroom climate; and

(e) encourages continuous learning, reflection, and growth.

(2) The mentorship and induction program may include the following criteria:

(a) provide training for mentors through the Montana Teacher Learning Hub, professional organizations, or other professional development opportunities;

(b) prioritize mentor-mentee matches that are grade and subject-level aligned;

(d) engage with mentoring partners in professional collaboration; and

(e) establish effective coaching for learning methods.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.724 Evaluation

(1) The local board of trustees shall ensure the completion of periodic written evaluations of all regularly employed instructional personnel who are under written contract. Employees evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to the employee's files.

(2) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with the Montana Federation of Public Employees, the Montana Rural Education Association, the Montana School Boards Association, the School Administrators of Montana, and the Montana Small School Alliance. A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conform to the requirements set forth in this rule.

(3) The local board of trustees shall implement an evaluation component as outlined in the integrated strategic action plan described in ARM 10.55.601.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.8 Educational Opportunity

Mont. Admin. R. 10.55.801 School Climate

(1) The local board of trustees shall:

(a) develop policies, procedures, and rules that respect the rights of all learners, promote an awareness of and concern for the well-being of others, and address bullying, intimidation, and harassment of students and school personnel;

(b) create teaching and learning conditions that meet the district's educational goals and recruit and maintain a quality staff;

(c) offer programs and services which, in content and presentation, endeavor to be free of stereotyping in terms of Article II, Section IV of the Montana Constitution and federal law with prejudice toward none;

(d) provide programs and services that meet the needs of students which the school has identified as at-risk;

(e) inform students, parents, families, and guardians of the school's expectations and of students' rights and responsibilities;

(f) encourage students to take responsibility for their education, including preparing for and participating in class and school activities, taking full advantage of learning services provided, helping design their educational goals, and conducting themselves respectfully and appropriately;

(g) encourage the active involvement of parents, families, and guardians in their children's education and in their school;

(h) provide opportunities for parents, families, guardians, educators, and members of the community to take active roles in developing and reviewing district and school educational goals; and

(i) measure school climate through a valid and reliable tool to understand student, staff, family, and community perceptions of climate in their school and make data-driven decisions about programs and practices that could improve school climate.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2006 MAR p. 755, Eff. 3/24/06; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.802 Opportunity and Educational Equity

(1) It is the purpose of the accreditation standards to guarantee equality of educational opportunity and to respect the dignity of every person in accordance with Article II, Section IV of the Montana Constitution and federal law, without prejudice of any kind. This includes, but is not limited to, programs, facilities, educational materials, curriculum, counseling, library services, and extracurricular activities.

History

Authorizing statute(s): Mont. Const. Art. II, sec. 4, Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. II, sec. 4, Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1994 MAR p. 166, Eff. 1/28/94; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.803 Learner Access

(1) Equal opportunity to learn is a primary consideration of all program areas, at all levels. In order to integrate this concept throughout the education program, the local board of trustees shall develop and implement processes that ensure each learner has access to the following:

(a) high quality instruction provided by a qualified educator that meets each of the following criteria:

(i) engages students in authentic learning experiences that tie to their interests;

(ii) includes students in activities and given equal opportunity;

(iii) uses formative and interim assessments to guide instruction;

(iv) supports student metacognition, self-assessment, and reflection; and

(v) provides opportunities for individual self-direction and decision making;

(b) rigorous learning activities that are complex, engaging, can be accessed by all learners, and match student interests;

(c) standards aligned curriculum and instructional materials that are place based, culturally diverse, honor differences among learners, reflect authentic historical and contemporary portrayals of American Indians, and include opportunity for choice and voice;

(d) technology hardware and software appropriate to support individual student learning;

(e) time for learning that includes opportunities for multiple modalities, collaboration in a variety of configurations, and student discussion;

(f) supportive learning environment that provides a safe physical space for learning, furniture and other fixtures that provide adequate space for students to fully engage in learning activities, is accessible to all learners, regardless of physical limitations; and

(g) other resources, such as after school programming, tutoring, paraprofessionals, counselors, librarians and libraries, and support staff.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.804 Gifted and Talented

(1) Districts shall provide educational services to gifted and talented students that are commensurate to their needs, foster a positive self-image, and create a supportive learning environment.

(2) Each district shall comply with all federal and state laws and regulations addressing gifted education.

(3) Each district shall provide structured support and assistance to teachers in identifying and meeting the diverse student needs of gifted and talented students, and shall provide a framework for considering a full range of alternatives for addressing student needs.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2013 MAR p. 961, Eff. 6/7/13; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.805 Special Education

(1) Each district shall provide educational programs and services to students eligible to receive special education services as identified under IDEA.

(2) Each district shall comply with all federal and state laws and regulations addressing special education.

(3) Each district shall provide structured support and assistance to regular education teachers in identifying and meeting the diverse needs of students receiving special education services.

(4) A student eligible to receive special education services as identified under IDEA and who has successfully completed the goals identified on an individualized education program for high school completion shall be awarded a diploma.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/91; AMD, 1994 MAR p. 166, Eff. 1/28/94; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13.

Mont. Admin. R. 10.55.806 English Learners

(1) Districts shall provide educational services to help English learners become proficient in English and meet state standards by creating high level language instruction programs, professional development, and family outreach.

(2) Each district shall comply with all federal and state laws and regulations addressing English learners.

(3) Each district shall identify students who are eligible for language assistance, provide a sound program of instruction, assess their English proficiency annually, and notify parents of their initial placement in, progress within, and exit from the language program.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.9 Academic Requirements

Mont. Admin. R. 10.55.901 Basic Education Program: Elementary

(1) An elementary school shall have an education program aligned to the program area standards that enables students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2) Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Content Standards.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.902 Basic Education Program: Junior High School, 7th and 8th Grade Program, or Middle School

(1) A school district's junior high school, 7th and 8th grade program, or middle school that complies with the requirements of this rule shall be accredited by the Board of Public Education in such capacity, according to the school district's compliance through a junior high school, 7th and 8th grade program, or middle school. To earn accreditation for its junior high school, 7th and 8th grade program, or middle school, the school district must have an education program aligned to the program area standards that enables all students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2) The Board of Public Education, upon recommendation of the Superintendent of Public Instruction, may approve a 7th and 8th grade program that must follow either the middle school philosophy and components described in (3) or the departmentalized philosophy and components described in (4).

(3) The Board of Public Education, upon recommendation of the Superintendent of Public Instruction, may approve a middle school program that:

(a) addresses the unique nature of middle-grade children by focusing on their intellectual, social, emotional, and physical development. To put such philosophy into practice, a middle school must have flexibility to:

(i) approach instruction, scheduling, and teaching in a variety of ways;

(ii) undertake interdisciplinary work; and

(iii) plan blocks of coursework deriving from the intellectual, social, emotional, and physical needs of middle school students;

(b) incorporates critical and creative thinking, career awareness, lifelong learning, and safety;

(c) incorporates instruction in reading literacy and writing literacy into all required and elective program areas as required in the Montana Content Standards;

(d) includes, at a minimum, the following program areas as aligned with ARM 10.55.603 and 10.55.1001 are required of all students yearly:

(i) English language arts;

(ii) mathematics;

(iii) physical and life sciences;

(iv) social studies; and

(v) health and physical education;

(e) at a minimum maintains the following required program areas:

(i) visual arts including, but not limited to art history, art criticism, aesthetic perception, and production;

( ii) music including, but not limited to general, instrumental, and vocal (emphasizing comprehensive music elements, music history, criticism, aesthetic perception, and musical production);

(iii) career and technical education courses or pathways such as agriculture, business education, family and consumer sciences, health occupations and industrial technology education; and

(iv) world languages;

(f) offers as electives to all students exploratory courses such as creative writing, dance, drama, financial education, photography, and leadership.

(4) A junior high school must offer an educational program, aligned to the program area standards, that enables all students to meet the content standards and content-specific grade-level or grade-band progressions.

(a) Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Content Standards, ARM Title 10, chapter 53.

(b) All students shall complete the following program areas each year:

(i) 1 unit of English language arts;

(ii) 1 unit of social studies;

(iii) 1 unit of mathematics;

(iv) 1 unit of science; and

(v) 1/2 unit of health and physical education.

(i) 1/2 unit of visual arts;

(ii) 1/2 unit of music;

(iii) 1/2 unit of career and technical education; and

(iv) 1/2 unit of world languages and cultures.

(d) A unit is defined as the equivalent of at least 8100 minutes for one school year.

(e) Time to pass between classes may be counted toward the standard school day but shall not be counted toward class time.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.904 Basic Education Program Offerings: High School

(1) The basic education program, aligned to the program area standards, for grades 9 through 12 shall be at least 20 units of coursework that enable all students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2) Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Content Standards, ARM Title 10, chapter 53.

(3) Minimum offerings shall include at least the following:

(a) 4 units of English language arts;

(b) 3 units of mathematics;

(d) 3 units of social studies (including 1/2 unit of Civics or Government);

(e) 2 units of career and technical education;

(f) 2 units of arts;

(g) 1 unit of health and physical education;

(h) 2 units of world languages;

(i) 2 units of electives; and

(j) 1/2 unit of economics or financial literacy within the 3 units of social studies, the 3 units of mathematics, or the 2 units of career and technical education.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.905 Graduation Requirements

(1) As a minimum, a school district's requirements for graduation shall include a total of 20 units of study that enable all students to meet the content standards and content-specific grade-level or grade-band learning progressions. Students may demonstrate achievement through a flexible system of pupil-centered learning.

(2) In order for students to graduate, they must meet the content and performance standards. The following 13 units shall be part of the 20 units. The required units may be satisfied by an equivalent course that meets the district's curriculum and assessment requirements, which are aligned with each of the content standards:

(a) 4 units of English language arts;

(b) 2 units of mathematics;

(d) 2 units of science;

(e) 1 unit of health and physical education;

(f) 1 unit of arts;

(g) 1 unit of career and technical education; and

(h) 1/2 unit of economics or financial literacy within the 2 units of social studies, the 2 units of mathematics, or the 1 unit of career and technical education.

(3) Units of credit earned in any Montana high school accredited by the Board of Public Education shall be accepted by all Montana high schools.

(4) In accordance with the policies of the local board of trustees, students may be graduated from high school with less than four years enrollment.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.906 High School Credit

(1) A high school shall require a minimum of 20 units of credit for graduation, including ninth grade units.

(a) A unit of credit is defined as the equivalent of at least 8100 minutes for one year, equivalent proficiency without regard to time, or demonstration of an equivalent course that meets the district's curriculum and assessment requirements, which are aligned with each of the content standards.

(b) Passage of time between classes may be counted toward the standard school day but shall not be counted toward class time.

(2) A student who is unable to attend class for the required amount of time may be given fractional credit for partial completion of a course, with the local board of trustees' permission.

(3) The local board of trustees may waive specific course requirements based on individual student needs and performance levels. Waiver requests shall also be considered with respect to age, maturity, interest, and aspirations of the students and shall be in consultation with the parents or guardians.

(4) With the permission of the local board of trustees, a student may be given credit for a course satisfactorily completed in a period of time shorter or longer than normally required and, provided that the course meets the district's curriculum and assessment requirements, which are aligned with the content standards stated in the education program. Examples of acceptable course work include those delivered through correspondence, extension, and distance learning courses, adult education, summer school, work study, specially designed courses, and challenges to current courses. Acceptable programs must be consistent with the local board of trustees' policy.

(a) Montana high schools shall accept such units of credit taken with the approval of the accredited Montana high school in which the student was then enrolled and which appear on the student's official high school transcript as defined in ARM 10.55.911.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2013 MAR p. 961, Eff. 6/7/13; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.907 Distance, Online, and Technology-Delivered Learning

(1) This rule establishes requirements for distance, online, and technology-delivered learning programs and/or courses that fulfill elementary or middle grades basic education programs and/or high school graduation requirements.

(2) School districts may receive and/or provide distance, online, and technology delivered learning programs.

(a) School districts receiving distance, online, and technology-delivered learning programs to supplement instruction may utilize distance, online, and technology-delivered learning as they would other supplementary resources without restriction.

(b) Distance, online, and technology-delivered learning programs and/or courses shall at a minimum be aligned with state content standards and content-specific grade-level or grade-band learning progressions.

(c) Annually, a school district shall provide a report to the Superintendent of Public Instruction documenting all distance, online and technology-delivered courses, student enrollments, and the digital content providers.

(3) Except as provided in (3)(a), teachers of distance, online, and technology- delivered learning programs shall be licensed and endorsed in Montana or elsewhere in the area of instruction with such license granted as a result of the completion of an accredited professional educator preparation program as defined in ARM 10.57.102. School districts receiving distance, online, and technology-delivered learning programs described in this rule shall have a distance learning facilitator for each course and available to the students.

(a) When a teacher of distance, online, and technology-delivered learning programs and/or courses does not possess the qualifications specified in (3), the facilitator must be licensed and endorsed in Montana or elsewhere in the area of instruction facilitated.

(b) When a teacher of distance, online, and technology-delivered learning programs is qualified as provided in (3), the receiving school district's facilitator shall be a licensed teacher or a para-educator.

(c) School districts receiving distance, online, and technology-delivered learning programs and/or courses must provide qualified facilitators for synchronous delivery to students in schools accredited by the Montana Board of Public Education, requiring physical presence of a facilitator, and for asynchronous delivery, requiring facilitators be available to students.

(d) The school district must ensure that the distance, online, and technology-delivered learning facilitators receive in-service training on technology-delivered instruction.

(4) Montana school districts providing distance, online and technology- delivered learning shall comply with the teacher load requirements of ARM 10.55.713(3).

(5) Digital content providers serving Montana schools accredited by the Board of Public Education shall:

(a) annually register, prior to delivering courses, with the Office of Public Instruction;

(b) annually identify the Montana school districts served in the current school year by the digital content provider, including the courses and student enrollments for each school district served; and

(c) document the professional qualifications, including Montana teacher licensure and endorsement, of their teachers of distance, online, and technology-delivered programs and/or courses by providing names and credentials of other licensing entities, when not licensed and endorsed in Montana.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1995 MAR p. 626, Eff. 4/28/95; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2004 MAR p. 719, Eff. 4/9/04; AMD, 2007 MAR p. 692, Eff. 5/25/07; AMD, 2008 MAR p. 2048, Eff. 9/26/08; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.908 School Facilities

(1) School facilities shall be constructed, maintained, and supervised in accordance with all applicable local, state, and federal codes, regulations, and laws.

(2) School facilities shall be of sufficient size and arrangement to meet all programs' educational goals.

(3) The local board of trustees shall provide for educational facilities which are functional and safe for the conduct of the educational and extracurricular activities of students, and which will meet state and federal accessibility standards.

(4) The school shall provide the necessary equipment for first aid.

(5) When the local board of trustees considers major remodeling or building a facility, it shall seek facility expertise in all affected program areas as well as comments from faculty, students, and community.

(6) The local board of trustees shall have a written policy that defines the use of school facilities and resources.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD & TRANS from 10.55.2001, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.909 Student Records

(1) Each school shall keep, in secure storage, a permanent file of students' records, that shall include:

(a) the name and address of the student;

(b) his/her parent or guardian;

(d) academic work completed;

(e) level of achievement (grades, standardized achievement tests);

(f) immunization records as per 20-5-406, MCA;

(g) attendance data; and

(h) the statewide student identifier assigned by the Office of Public Instruction.

(2) The local board of trustees shall establish policies and procedures for the use and transfer of student records that are in compliance with 20-1-213, MCA, and state and federal laws governing individual privacy. All educational records collected and maintained by a school shall be kept in a confidential manner according to the implementing regulations of the Family Educational Rights and Privacy Act (FERPA) at 34 CFR part 99.

(3) The local board of trustees shall develop a process for destruction of records pursuant to 20-1-213, MCA, including nonpermanent student records. Nonpermanent student records are records retained in a central file maintained by the school containing a student's cumulative educational records, which are not retained as a student's permanent record detailed in (1).

(4) All inactive permanent records from a school that closes shall be sent to the county superintendent or the appropriate county official.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1994 MAR p. 166, Eff. 1/28/94; AMD & TRANS from 10.55.2002, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2004 MAR p. 2277, Eff. 9/24/04; AMD, 2005 MAR p. 575, Eff. 4/15/05; AMD, 2012 MAR p. 305, Eff. 2/10/12; AMD, 2012 MAR p. 2042, Eff. 7/1/13.

Mont. Admin. R. 10.55.910 Student Discipline Records

(1) Each school shall maintain a record of any disciplinary action that is educationally related, with explanation, taken against the student. When a local board of trustees takes disciplinary action against a student, the board must take minutes of the action taken, with detailed explanation, even if the disciplinary action is decided during a closed session. For the purpose of this rule, a disciplinary action that is educationally related is an action that results in the expulsion or out-of-school suspension of the student. This record must be maintained/destroyed consistent with Montana Local Government Records Schedule 7, and is subject to transfer to a local educational agency, accredited school, or nonpublic school pursuant to 20-1-213, MCA.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-213, 20-2-121, MCA
History: NEW, 2005 MAR p. 1390, Eff. 4/15/05; AMD, 2012 MAR p. 2042, Eff. 7/1/13.

Mont. Admin. R. 10.55.911 Official High School Transcript

(1) The high school transcript is the official academic record of the courses and credits completed by a high school student. At a minimum, the high school transcript must include:

(a) statewide student identifier;

(b) student legal name, address, gender, and date of birth;

(c) statewide school identifier, school name, school address, school phone, school system name, school system code, and school code;

(d) student grade level;

(e) student entry date and exit date;

(f) course code, course title, course grade, and credits earned for each school term and course taken;

(g) grade point average;

(h) graduation date;

(i) diploma type;

(j) class rank;

(k) number in class;

(l) for each test reported, the test date and the score for each portion of the test;

(m) academic honors, if applicable; and

(n) required number of credits for graduation.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-213, 20-2-121, MCA
History: NEW, 2013 MAR p. 961, Eff. 6/7/13.

Subchapter 10.55.10 Program Area Standards

Mont. Admin. R. 10.55.1001 Program Standards

(1) It is the local board of trustees' responsibility to ensure the district's curricula align with the state content standards and content-specific grade-level or grade-band learning progressions.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 1998 MAR p. 2707, Eff. 10/9/98; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Mont. Admin. R. 10.55.1003 Program Foundation Standards

(1) The purpose of all programs is to develop and apply knowledge and skills necessary to pursue lifelong goals and opportunities.

(2) Program foundation standards are the common conditions and practices that will be evident in all programs within a school system to ensure that all students have educational opportunity to learn, develop, and demonstrate learning in the content standards and content-specific grade-level or grade-band learning progressions. All programs shall follow the content standards in the Administrative Rules of Montana. The local board of trustees shall:

(a) meet the following conditions:

(i) ensure integration of the history, contemporary portrayals, and contributions of American Indians, with an emphasis on Montana Indians, for all students, across all content areas;

(ii) ensure an educational climate that promotes academic freedom and respect for diversity with prejudice toward none;

(iii) maintain high expectations for student performance, behavior, and lifelong learning; and

(iv) encourage collaboration among school personnel to plan, assess, and support instruction.

(b) include the following practices:

(i) offer engaging and relevant experiences that enable students to develop effective communication skills in their personal lives, workplaces, and communities;

(ii) teach ethical behavior, including use of technology (social media) and the implications of one's choices;

(iii) implement research-based instructional skills and strategies to improve student learning;

(iv) challenge students to think creatively and critically, and use the inquiry process to solve problems and make informed decisions;

(v) encourage interdisciplinary instruction;

(vi) use relevant data to inform decision making, modify instruction, and increase student learning;

(vii) integrate information literacy skills and technology tools, to support learning in all curricular areas; and

(viii) provide equitable access to all facilities, technology, equipment, materials, and services necessary to support the instructional process.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2006 MAR p. 755, Eff. 3/24/06; AMD, 2012 MAR p. 2042, Eff. 7/1/13; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.11 English Language Arts and Literacy: Program

Mont. Admin. R. 10.55.1101 English Language Arts and Literacy Program Delivery Standards

(1) In general, a basic program in English language arts and literacy shall:

(a) meet the following conditions:

(i) promote reading, writing, speaking, and listening for creative and purposeful expression in language;

(ii) engage with high-quality literary and informational text that builds knowledge, expands experiences, and broadens views; and

(iii) emphasize reasoning and use of evidence that is essential for deliberation;

(iv) make available a variety of print and non-print materials encompassing fiction and non-fiction, classic and contemporary works, and diverse perspectives including Montana American Indian works; and

(v) promote critical reading that is necessary to navigate the vast amount of information available both in print and digitally; and

(b) include the following practices:

(i) integrate reading, literature, writing, speaking, listening, and media literacy with a balanced approach supported by current research and/or based on best practices in the field of English language arts and literacy;

(ii) emphasize multiple strategies and artistic forms to teach the conventions, demands, and responsibilities of language;

(iii) emphasize writing as a process;

(iv) provide opportunities for informal and formal speaking and listening;

(v) offer experiences in viewing, creating, and critically evaluating different types of media; and

(vi) encourage co-curricular offerings in drama, speech, debate, journalism, literary publications, and other related activities.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.12 Arts: Program

Mont. Admin. R. 10.55.1201 Arts Program Delivery Standards

(1) In general, a basic program in arts shall:

(a) meet the following conditions:

(i) incorporate visual arts (e.g., drawing, painting, printmaking, photography, film, electronic media, sculpture, applied design, installation) ;

(ii) incorporate performing arts, including music (e.g., choral music, instrumental music, music appreciation) , theater (e.g., drama, play production) , and dance;

(iii) provide instruction that includes history of the arts, criticism, production, performance, and aesthetics; and

(iv) encourage a variety of co-curricular offerings (e.g., drama, literary and art publications, performance groups, arts clubs) and other avenues for students to practice their artistic skills in the community and the world.

(b) include the following practices:

(i) structure activities to allow students to develop techniques in the arts;

(ii) allow students to explore the elements of artistic composition and a variety of media, functions, styles, and presentation forms;

(iii) provide access to exemplary works of art from diverse cultures and historical periods and access to current materials, techniques, technology, and processes in the arts; and

(iv) provide real audiences for student performance and products, display areas, and performance areas (e.g., stages, galleries, fairs) .

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00; AMD, 2001 MAR p. 953, Eff. 6/8/01.

Subchapter 10.55.13 Health and Physical Education: Program

Mont. Admin. R. 10.55.1301 Health and Physical Education Program Delivery Standards

(1) In general, a basic health and physical education program shall:

(a) meet the following conditions:

(i) maintain class size in accordance with other curriculum areas;

(ii) focus on the knowledge and skills necessary to maintain a healthy lifestyle;

(iii) integrate and include components of the traditional "health" and "physical education" disciplines;

(iv) maintain a program that meets the educational requirements of health and physical education;

(v) provide for the participation of all students in a health and physical education program; and

(vi) maintain adequate first aid materials and communication device capabilities; and

(b) include the following practices:

(i) make appropriate use of technology in the curriculum;

(ii) give students the decision-making tools to promote personal and community responsibility;

(iii) address the physical, emotional, social, and intellectual dimensions of a healthy lifestyle; and

(iv) promote physical activity as a means to a healthy lifestyle.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.14 Mathematics: Program

Mont. Admin. R. 10.55.1401 Mathematics Program Delivery Standards

(1) In general, a basic mathematics program, shall:

(a) meet the following conditions: (i) provide a well-articulated curriculum that challenges students to learn increasingly more sophisticated mathematical ideas; and (ii) provide conceptual mathematical understanding as well as factual knowledge and procedural facility. (b) include the following practices: (i) create, enrich, maintain, and adapt instruction to meet mathematical goals; (ii) incorporate appropriate technology into the math program; (iii) connect the development of skills and procedures to the more general development of mathematical understanding; and (iv) effectively observe students, listen carefully to students' ideas and explanations, have mathematical goals, and use the information to make instructional decisions.

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01.

Subchapter 10.55.15 Science: Program

Mont. Admin. R. 10.55.1501 Science Program Delivery Standards

(1) In general, a basic program in science shall:

(a) meet the following conditions:

(i) maintain an environment that recognizes scientific knowledge as the product of inquiry and is continually subject to review, verification, and revision; and

(ii) foster an environment that embraces the interactions of science, technology, and society.

(b) include the following practices:

(i) investigate problems of individual, social, and ethical importance in the natural world through the selection and application of appropriate scientific techniques;

(ii) connect initial inquiry and discovery to prior knowledge;

(iii) employ varied strategies for investigation, allowing students to understand science as a process, experience practical problem-solving, and develop critical thinking skills;

(iv) emphasize experimentation, data analysis, and the communication of findings to build new understandings by classifying ongoing observations, modeling natural phenomena, and developing the capacity to make inferences about unexplored concepts; and

(v) use technology for collaborative inquiries to extend curricular experiences within the school and to other schools, communities, and businesses.

History

Authorizing statute(s): Sec. 20-2-114, MCA
Implementing statute(s): Sec. 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01.

Mont. Admin. R. 10.55.1601 Social Studies Program Delivery Standards

(1) In general, a basic program in social studies shall:

(a) meet the following conditions:

(i) use strategies and methods that incorporate multiple perspectives as a basic component of social studies instruction;

(ii) support the democratic process and teach the skills necessary to promote a learning environment to foster individual civic competence; and

(iii) integrate knowledge, skills, beliefs, values, and attitudes within and across the four content areas listed in ARM 10.53.901 to promote active citizenship.

(b) include the following practices:

(i) incorporate inquiry skills and strategies using a variety of both primary and secondary resources;

(ii) promote socialization and social criticism through civil discourse and critical thinking as a commitment to civic responsibility;

(iii) analyze ethical dimensions and social policy implications of issues to provide an arena for reflective development of concern for individual needs and the common good;

(iv) promote decision-making and critical thinking skills and civic responsibilities through active participation across the four content areas listed in ARM 10.53.901; and

(v) nurture an understanding of the contemporary and historical traditions and values of American Indian cultures and other cultural groups of significance to Montana and to society.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2020 MAR p. 2142, Eff. 7/1/21.

Subchapter 10.55.17 Career and Technical Education: Program

Mont. Admin. R. 10.55.1701 Career and Technical Education Program Delivery Standards

(1) In general, a basic program in career and vocational/technical education shall:

(a) meet the following conditions:

(i) skill development leading to lifelong pursuits;

(ii) program development in consultation with an advisory council; and

(iii) opportunities for authentic application, work experience, and/or articulation with postsecondary education.

(b) include the following practices:

(i) foster skill development for employment, advanced training, and lifelong learning;

(ii) input from representatives of business and industry;

(iii) analysis of skills and knowledge required in paid and non-paid careers;

(iv) leadership, character development, character, and employability skills through participation in career and technical student organizations (CTSOs);

(v) progression of skills and knowledge from basic to advanced; and

(vi) integration of career and technical competencies with academic knowledge in a contextual setting.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.18 Library Media and Information Literacy: Program

Mont. Admin. R. 10.55.1801 Library Media and Information Literacy Program Delivery Standards

(1) In general, a basic program in library media shall:

(a) meet the following conditions:

(i) establish scheduling to ensure that libraries respond to information needs, foster intellectual curiosity, and support learning;

(ii) ensure collaboration with classroom teachers of all disciplines to implement content area standards and to assist students in engaging in the inquiry/research process;

(iii) model and support the ethical use of information, adherence to copyright laws, and respect for intellectual property; and

(iv) advise the board of trustees on policy and rule pertaining to:

(A) develop and maintain a physical and digital library collection that is current, balanced, and reflects authentic historical and cultural contributions of Montana's American Indians and other minority and ethnic groups;

(B) engage in comprehensive long range planning to administer and manage, in a secure area, the human, financial, digital, and physical resources of the library to locate, access, and use resources that are organized and cataloged; and

(I) materials selection and de-selection;

(II) challenged materials procedure;

(III) intellectual/academic freedom statement;

(IV) confidentiality assurance;

(V) copyright guidelines; and

(VI) gifts and donations.

(b) include the following practices:

(i) collaborate with classroom teachers of all disciplines to highlight and reinforce the commonalities and links between and among the curricular areas;

(ii) cooperate and join with other libraries, information agencies, and community resources in the sharing of materials;

(iii) encourage partnerships with information centers that use providers of electronic content and information systems; and

(iv) participate in school-wide technology and telecommunications digital service and content planning and promote its integration into all instructional programs.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2020 MAR p. 2140, Eff. 7/1/21; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.19 School Counseling: Program

Mont. Admin. R. 10.55.1901 School Counseling Program Delivery Standards

(1) In general, school counseling shall:

(a) meet the following conditions:

(i) provide a comprehensive, preventive, and developmentally planned program to all students systematically;

(ii) develop and implement a counseling program based on data-informed decision making;

(iii) advocate for all students and encourage students to develop to their full potential;

(iv) respect the worth and dignity of all individuals by building trust and respecting confidentiality;

(v) value and respond to the diversity and individual differences in communities in a culturally responsive manner; and

(vi) contribute as an integral part of the education process that is delivered through a variety of systems by school staff, students, families, business, and industry.

(b) include the following practices:

(i) maximize students' potential in the areas of academics, career, and personal/social development;

(ii) develop, implement, and assess a curriculum aligned with the American School Counselor Association (ASCA) national model which includes the student standards for success, mindsets, and behaviors which is presented through structured groups and classroom presentations;

(iii) conduct individual planning using assessment, advisement, placement, and follow-up;

(iv) deliver responsive services through individual and group counseling, consultation, and referral; and

(v) provide system support through management, consultation with staff, community outreach, and public relations; and collaborate with families, community stakeholders, and other educators to create environments resulting in positive impact on student achievement, attendance, and discipline.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.21 World Languages: Program

Mont. Admin. R. 10.55.2101 World Languages Program Delivery Standards

(1) In general, a basic program in world languages shall:

(a) meet the following conditions:

(i) consistent and continual experience with the target language and culture;

(ii) access to native speakers or experts, authentic cultural contact, and culturally authentic materials (e.g., print, video, audio, literature, music, art) ; and

(iii) access to technology that provides contact with the target language.

(b) include the following practices:

(i) promote confidence in practicing the language by encouraging risk-taking and minimizing verbal correction;

(ii) maximize use of target language in an authentic manner through student-teacher and student-student interaction; and

(iii) gain understanding of the cultural perspectives of the target culture.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2001 MAR p. 953, Eff. 6/8/01; AMD, 2023 MAR p. 255, Eff. 7/1/23.

Subchapter 10.55.22 Computer Science: Program

Mont. Admin. R. 10.55.2201 Computer Science Program Delivery Standards

(1) In general, a basic program in computer science education shall:

(a) meet the following conditions:

(i) provide a well-articulated integrated curriculum that challenges students to learn increasingly more sophisticated computer science concepts across all grade levels and content areas wherever appropriate; and

(ii) foster a collaborative environment that embraces creativity, communication, and problem solving;

(b) include the following practices:

(i) ensure students become informed citizens who can critically engage in public discussion on computer science related topics;

(ii) ensure students develop as learners, users, and creators of computer science knowledge and artifacts;

(iii) ensure students understand the role and impact of computing in the world around them, leveraging computer technology to create solutions; and

(iv) increase career and college readiness.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2138, Eff. 7/1/21.

Subchapter 10.55.23 Technology Integration: Program

Mont. Admin. R. 10.55.2301 Technology Integration Program Delivery Standards

(1) In general, a basic program in technology integration education shall:

(a) meet the following conditions:

(i) development of skills that lead to lifelong pursuits;

(ii) provide opportunities for authentic application, work experience, and/or articulation with postsecondary education;

(iii) integrate and transfer technology skills across grade levels, content areas, and programs; and

(iv) provide access to emerging technology across grade levels, content areas, and programs;

(b) include the following practices:

(i) progression of skills and knowledge from basic to advanced;

(ii) integration of technology competencies with academic knowledge in a contextual setting; and

(iii) incorporate a range of instructional strategies, including personalized learning.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2020 MAR p. 2134, Eff. 7/1/21.

Chapter 10.56 Assessment

Subchapter 10.56.1 General Information

Mont. Admin. R. 10.56.101 Statewide Assessment

(1) The Board of Public Education adopts rules for statewide assessments in the public schools and those private schools seeking accreditation.

(2) The Board of Public Education recognizes that the primary purpose of assessment is to serve learning. An assessment system that includes multiple measures and is aligned to state content and program delivery standards will provide an integrated approach to inform student learning, progression, growth, and proficiency. An assessment system is structured to continuously improve teaching and learning and to inform education policy.

(3) The obligation for funding statewide assessments is the responsibility of the state. This chapter may not be construed to require a school district to provide these assessments if the state does not have a current contract with test vendors for provision of these assessments to Montana school districts.

(4) The Superintendent of Public Instruction shall recommend in writing to the Board of Public Education any modifications to the single system of statewide assessments as set forth in (2). The Board of Public Education may consider recommended modifications as an information item on an agenda at a Board of Public Education meeting. At that meeting, the Board of Public Education may vote to list the recommendations as an action item on the agenda of a subsequent Board of Public Education meeting. Unless approved by the Board of Public Education, no recommended modifications are effective and no accredited schools may implement the recommended modifications.

(5) When developing a recommendation to the Board of Public Education for adopting statewide assessments the Superintendent of Public Instruction will include implications including alignment to content standards.

(6) The Superintendent of Public Instruction shall:

(a) ensure Montana educators participate in the process;

(b) ensure that all statewide test items are field tested before being used to determine proficiency; and

(c) request approval from the Board of Public Education to allow for census field testing before determining proficiencies.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA
History: NEW, 1988 MAR p. 976, Eff. 5/27/88; AMD, 1992 MAR p. 1472, Eff. 7/17/92; AMD, 1993 MAR p. 683, Eff. 4/30/93; AMD, 1995 MAR p. 627, Eff. 4/28/95; AMD, 1997 MAR p. 1186, Eff. 7/8/97; AMD, 2000 MAR p. 957, Eff. 4/14/00; AMD, 2012 MAR p. 2057, Eff. 10/12/12; AMD, 2016 MAR p. 1392, Eff. 8/6/16; AMD, 2019 MAR p. 1050, Eff. 7/27/19; AMD, 2024 MAR p. 2000, Eff. 8/10/24.

Mont. Admin. R. 10.56.102 Participation

(1) By the authority of 20-2-121(11), MCA, and ARM 10.55.603, the Board of Public of Education adopts rules for statewide assessment in all public and accredited nonpublic schools.

(2) Statewide assessments approved by the Board of Public Education shall be administered in all public and accredited nonpublic schools.

(3) School districts shall annually administer statewide assessments to all students in accordance with state and federal laws and regulations that meet or exceed the following specifications:

(a) English language arts and mathematics assessments shall be aligned to Montana content standards in English language arts and mathematics and administered in grades 3-8 and at least once in grades 9-12;

(b) Science assessments shall be aligned to Montana content standards for science and administered not less than one time during grades 3-5, 6-9, and 10-12; and

(c) Statewide assessments shall be administered in all public and accredited nonpublic schools within the statewide assessment windows established by the Superintendent of Public Instruction.

(4) Statewide assessments aligned to Montana-English language proficiency standards shall be administered to all students identified as English Learners (EL) in grades K-12 within the statewide assessment windows established by the Superintendent of Public Instruction.

(5) The Board of Public Education may approve alternative grade levels and timelines for the administration of statewide assessments due to the availability of assessments and other academic factors.

(6) School districts shall use guidance provided by the Office of Public Instruction to inform parents/guardians about statewide assessments, pursuant to ARM 10.55.601 and 10.55.722, including:

(a) the purpose;

(b) the source of the requirement;

(c) when the information about student performance is provided to relevant educators and specialists and parents/guardians;

(d) how relevant educators and specialists, principals, and district officials use the information about student performance; and

(e) how parents/guardians can use that information to help their child.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA
History: NEW, 2019 MAR p. 1050, Eff. 7/27/19; AMD, 2024 MAR p. 2000, Eff. 8/10/24.

Mont. Admin. R. 10.56.103 Test Security

(1) The Office of Public Instruction has the responsibility to audit test administration activities to monitor adherence to test security and best practices without undue disruption to schools.

(2) All statewide assessments must be administered to students only by school district employees who have been trained and are familiar with standardized testing procedures.

(3) Suspected violations of test security must immediately be reported to the Office of Public Instruction.

(4) Failure to comply with the test administration and security requirements may result in the Office of Public Instruction making a recommendation for consequences to the Board of Public Education for further action within the limits of its authority.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA
History: NEW, 2019 MAR p. 1050, Eff. 7/27/19.

Mont. Admin. R. 10.56.104 Accessibility and Accommodations

(1) Schools shall administer statewide assessments with or without accommodations based on individual student needs consistent with all state and federal laws and regulations.

(2) The Individualized Education Program (IEP) team for a student shall determine if the student meets the eligibility criteria for the statewide alternate assessment based on the alternate achievement standards.

(3) Schools shall use the guidance from the Superintendent of Public Instruction to identify English Learners (EL) and annually monitor individual progress in acquiring academic English consistent with all state and federal laws and regulations.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA
History: NEW, 2019 MAR p. 1050, Eff. 7/27/19.

Mont. Admin. R. 10.56.105 Reporting

(1) The Superintendent of Public Instruction shall provide an annual report of the statewide assessment results to the Legislature and the Board of Public Education.

(2) The Superintendent of Public Instruction shall make available student assessment results in compliance with confidentiality requirements of federal and state law. To facilitate transparency, the statewide assessment results released to the public shall be accompanied by a clear statement of the purpose, subject areas assessed, description of proficiency levels, and the percentage of students who participated in the assessments.

(3) Annual assessment results are a part of each student's permanent record as described in compliance with 20-1-213 and 20-7-104, MCA.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA
History: NEW, 2019 MAR p. 1050, Eff. 7/27/19; AMD, 2024 MAR p. 2000, Eff. 8/10/24.

Chapter 10.57 Educator Licensure

Subchapter 10.57.1 General Information

Mont. Admin. R. 10.57.101 Review of Policy

(1) By authority of Article X of the Montana Constitution and 20-4-102, MCA, the Board of Public Education exercises general supervision over the public school system and such other public educational institutions as may be assigned by law. By authority of 20-4-102, MCA, the Board of Public Education adopts rules for the issuance of educator licenses which are administered by the Superintendent of Public Instruction.

(2) The board shall consider recommendations for revision of the rules at any time it deems necessary. Every five years the board shall conduct a comprehensive review of its licensure rules to ensure that such rules are meeting the needs of the state.

(3) The Superintendent of Public Instruction shall provide an annual report to the Board of Public Education on the number of Montana educator licenses issued, licensure denials, number of emergency authorizations of employment, and other relevant, available data pertaining to recruitment and retention of educators in Montana.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1986 MAR p. 1305, Eff. 8/1/86; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17.

Mont. Admin. R. 10.57.102 Definitions

The following definitions apply to this chapter.

(1) "Acceptable evidence" means relevant official transcripts, university recommendation, certificates of completion, and other documentation as required by the Board of Public Education or the Superintendent of Public Instruction.

(2) "Accredited specialist program" means:

(a) for school psychologists, a program for the preparation of specialists approved or accredited by:

(i) the National Association of School Psychologists (NASP);

(ii) a state board of public education or a state agency;

(b) for school counselors, a program for the preparation of specialists approved or accredited by:

(i) the Council for the Accreditation of Counseling and Related Education Programs (CACREP); or

(ii) a state board of public education or a state agency.

(3) "Appropriate grade level(s)" means early childhood, elementary, middle, secondary, or other levels as defined by the Board of Public Education.

(4) "Appropriate official" means the Superintendent of Public Instruction, the dean of the school of education, or another official designated by them.

(5) "Approved preparation program" means:

(a) An educator preparation program accredited by the Council for the Accreditation of Educator Preparation (CAEP), the Association for Advancing Quality Educator Preparation (AAQEP), or the Montessori Accreditation Council for Teacher Education (MACTE). A MACTE educator preparation program is subject to the following restrictions:

(i) Completion of a MACTE accredited program may only be used by an applicant for licensure who has also completed at least a bachelor's degree; and

(ii) The resulting license granted to an applicant for licensure who has completed a MACTE accredited program shall be limited to early grades or middle grades licensure and only for the grade levels covered by the MACTE accredited program completed by the applicant; or

(b) An educator preparation program at an institutionally accredited college or university approved or accredited by a state board of education or state education agency; or

(c) An educator preparation program approved by a state board of education or state education agency that leads to licensure in the state of preparation.

(6) "Certification" means licensure of an educator/specialist, as issued by the state of Montana, based on completion of a teacher, administrator, specialist program of an approved educator preparation program. Certification includes grade level(s), endorsement(s), and classification.

(7) "College credit" means credit received for completion of a course from an institutionally accredited college or university.

(8) "Course work GPA" means the weighted average of teacher education program course grades, weighted by credit hours, and calculated over the defined period of study at an institutionally accredited college or university. The weights reflect the relative contributions of teacher education program course requirements, including content area coursework, based on contact hours or credits earned. The weighted average is calculated as follows:

(a) For each course required by the program, multiply the numeric grade value earned by the number of credits for the course;

(b) Sum the products for all the courses included in (a); and

(9) “Dual credit” means a course in which students earn both high school credit and postsecondary credit offered by a postsecondary institution or taught at a high school by a qualified high school instructor. Courses may be taken during or outside the regular school day.

(10) "Endorsement" means an official indication on a license of the grade level(s), subject area(s), or specialist program area(s) as listed in subchapter 4 for which the licensee is authorized. Grade levels are:

(a) P-3 (early childhood);

(b) K-8 (elementary);

(d) 5-12 (secondary, content-specific);

(e) K-12 (as delineated in ARM 10.57.412); and

(f) P-12 (special education and school psychologist).

(11) "Exchange teacher" means a person from outside the United States with exceptional expertise and contracted to provide instruction that is on an exchange program with a school district or university.

(12) "Institutionally accredited" means a college or university accredited by one of the following:

(a) Higher Learning Commission;

(b) Middle States Association of Schools and Colleges;

(d) Northwest Commission on Colleges and Universities;

(e) Southern Association of Schools and Colleges; or

(f) Western Association of Schools and Colleges.

(13) "Lapsed license" means:

(a) the licensee has not earned the required number of professional development units during the term of the license; or

(b) the licensee has earned the required number of professional development units during the term of the license but has not renewed the license by June 30 following the year of expiration.

(14) "License" or "licensure" means a certificate issued or applied for under 20-4-101, et seq., MCA.

(15) "Military dependent" means an adult dependent of a member of the armed forces of the United States, or a reserve component of the armed forces of the United States, stationed in Montana in accordance with military orders or stationed in Montana before a temporary assignment to duties outside of the state.

(16) "Student-teaching portfolio" means a type of performance assessment that asks candidates to demonstrate what they have learned, how they engage in the learning process, and how they apply their knowledge demonstrating their preparedness for the teaching profession.

(17) "Supervised teaching experience" means teaching experience while under the supervision of an approved educator preparation program and is identified through acceptable evidence as delineated in ARM 10.57.102(1) as field experience, internship, practicum, or student teaching.

(18) "Unrestricted license" means a current license that is not an emergency or provisional license.

(19) "Year of administrative experience" means employment as a licensed administrator at any level within a P-12 school system, or in an educational institution specified in 20-9-707, MCA, for a minimum of a 180-day school year or its equivalent in minimum aggregate hours as defined by 20-1-301, MCA, and during that year, must have been at least a 0.5 full time employee (FTE). Experience as a County Superintendent may be considered as "administrative" experience with evidence of the following:

(a) possession of a Class 3 license for the time period requested to be considered as administrative experience; and

(b) the school(s) they are claiming to hold or have held supervisory responsibilities over have provided notice that the county superintendent served in an administrative role.

(20) "Year of teaching experience" means employment as a licensed teacher at any level within a P-12 school system, or in an educational institution specified in 20-9-707, MCA, for a minimum of a 180-day school year or its equivalent in minimum aggregate hours as defined by 20-1-301, MCA, and during that year, must have been at least a 0.5 full time employee (FTE). Experience gained prior to initial licensure is not considered.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, MCA
History: ARM Pub. 11/25/77; AMD, 1978 MAR p. 1488, Eff. 10/27/78; AMD, 1980 MAR p. 2645, Eff. 9/26/80; AMD, 1982 MAR p. 379, Eff. 2/26/82; AMD, 1983 MAR p. 220, Eff. 3/18/83; AMD, 1987 MAR p. 591, Eff. 5/14/87; AMD, 1988 MAR p. 1812, Eff. 8/12/88; AMD, 1992 MAR p. 230, Eff. 3/1/92; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2005 MAR p. 916, Eff. 6/17/05; AMD, 2008 MAR p. 2050, Eff. 9/26/08; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24; AMD, 2026 MAR, Notice No. 2026-103, Eff. 8/8/26.

Mont. Admin. R. 10.57.107 Emergency Authorization of Employment

(1) In accordance with 20-4-111, MCA, district administrators who have exhausted all possibilities for hiring a licensed teacher may request that the Superintendent of Public Instruction issue an emergency authorization of employment to the district to employ a person to teach. The following requirements must be met to ensure approval of the request:

(a) The request must originate with the school district.

(b) The position must have been advertised at least statewide far enough in advance to reasonably enable qualified applicants to submit applications and be interviewed. The obligation of a statewide advertisement may be satisfied through any reasonable means, including use of the Montana Jobs for Teachers Service of the Office of Public Instruction.

(i) have previously held a teacher or specialist license; or

(ii) provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought; or

(iii) provide evidence of experience as a paraprofessional; or

(iv) provide evidence to be assigned as a student teacher engaged in "supervised teaching experience" as defined in ARM 10.57.102(16).

(2) An emergency authorization of employment is valid for one year and is eligible for continued authorization from year to year depending on satisfaction of conditions set forth in this rule.

(3) Experience as a classroom teacher when authorized pursuant to this rule qualifies as teaching experience as defined in ARM 10.57.102(19).

(4) Emergency authorization of employment for special education teachers is prohibited under federal regulations and is unavailable to a district for such positions.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-111, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1990 MAR p. 1547, Eff. 8/17/90; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 1997 MAR p. 312, Eff. 2/11/97; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 12/10/16; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.109 Unusual Cases

(1) The Board of Public Education is aware that these licensure rules cannot cover all the special circumstances that can arise. Therefore, the Superintendent of Public Instruction is authorized to exercise judgment in unusual cases and report any such actions to the Board of Public Education on an annual basis.

(2) If the Superintendent of Public Instruction denies an unusual case, the denial may be appealed to the Board of Public Education within 30 days of the denial.

(3) Upon receiving a timely notice of appeal from the denial of an unusual case, the Board of Public Education shall set an unusual case hearing and shall provide notice of the hearing to the prospective licensee and Superintendent of Public Instruction, by certified mail not less than 30 days prior to the date of the hearing.

(a) Such notice shall include:

(i) a statement of the time, place, and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted;

(v) a designation of who will hear the allegation pursuant to ARM 10.57.603; and

(vi) a statement of the licensee's right to be represented by counsel at the hearing if they so choose at their own cost.

(b) The notice shall advise the prospective licensee that the unusual case hearing will be open to the public unless an individual's right to privacy outweighs the public's right to know as determined by the Board of Public Education.

(4) The prospective licensee and/or the Superintendent of Public Instruction may waive their right to the 30 days' notice in order to be placed on the next meeting agenda by writing a letter to the Board of Public Education.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.112 License of Exchange Teachers

(1) A Class 5 license may be issued to an exchange teacher as defined in ARM 10.57.102(11) who is on an exchange program with a school district or university.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. x, sec. 9, 20-4-103, MCA
History: NEW, 1983 MAR p. 601, Eff. 5/27/83; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.113 Substitute Teachers

(TRANSFERRED)

History

Authorizing statute(s): Sec. 20-4-102, MCA
Implementing statute(s): Sec. 20-4-102, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD & TRANS, 2003 MAR p. 554, Eff. 3/28/03.

Mont. Admin. R. 10.57.114 Internships

(1) Internships are defined in ARM 10.55.602.

(2) As part of an internship agreement, the parties must agree to the following:

(a) the intern will complete the requirements for the appropriate endorsement within three years;

(b) the school district will provide local supervision and support of the intern; and

(c) the accredited educator preparation program will approve the coursework and provide support and periodic supervision.

(3) If entering into internship agreements:

(a) the accredited Montana educator preparation program must report each enrolled intern to the Superintendent of Public Instruction no later than November 15 of each year; and

(b) the district must approve internship applications.

(i) Superintendent applications must be approved by the district board chair or county superintendent.

(ii) All other internship applications must be approved by the district superintendent.

(4) For each intern a district desires to have deemed appropriately assigned, the school district must report to the superintendent during the annual data collection, at the beginning of years two and three of each internship agreement, the intern's yearly progress toward completion of the program of study.

(5) An intern may be considered appropriately assigned for up to three years while enrolled in and making progress toward completion of a Montana accredited educator preparation program. Extension may be granted at the discretion of the Superintendent of Public Instruction as authorized in ARM 10.57.109. Requests for extension must be submitted by the intern and supported by the accredited educator preparation program and the school district. A request for extension must demonstrate evidence of extreme hardship or other circumstances beyond the control of the intern which prevented timely completion of the agreed upon plan of study.

(6) If an intern fails to show sufficient and satisfactory annual progress in the plan of study toward completion of a Montana accredited educator preparation program, the Superintendent of Public Instruction may consider that intern inappropriately assigned.

(7) An emergency authorization of employment granted by the Superintendent of Public Instruction pursuant to 20-4-111, MCA is not a license; it is granted to a district which, under emergency conditions, cannot secure the services of an appropriately licensed and endorsed teacher or principal. A person authorized under 20-4-111, MCA is not eligible for an internship.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA
History: NEW, 2012 MAR p. 2042, Eff. 7/1/13; TRANS, from 10.55.607, 2023 MAR p. 255, Eff. 7/1/23; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Subchapter 10.57.2 Issuance of Licenses

Mont. Admin. R. 10.57.201A CRIMINAL HISTORY BACKGROUND CHECK

10.57.201A CRIMINAL HISTORY BACKGROUND CHECK

(1) The National Child Protection Act of 1993, as amended, (codified at 42 United States Code sections 5119a and 5119c) (the "Act") authorizes a state and national criminal history background check to determine the fitness of an employee, volunteer, or other person with unsupervised access to children, the elderly, or individuals with disabilities. The purpose of this rule is to support the Superintendent of Public Instruction's duty to determine whether an applicant for licensure has been convicted of a crime that bears upon the applicant's fitness related to the safety and well-being of children and the integrity of the teaching profession.

(2) Each of the following applicants shall provide to the Montana Department of Justice information and material sufficient to obtain a fingerprint-based national criminal history background check:

(a) any applicant for initial Montana educator licensure;

(b) any applicant seeking to reinstate a lapsed, surrendered, revoked, or suspended educator license; or

(c) an individual for whom a school district is seeking emergency authorization of employment pursuant to 20-4-111, MCA, and ARM 10.57.107.

(3) Neither the Superintendent of Public Instruction nor the Board of Public Education shall bear the costs of the background check.

(4) The Superintendent of Public Instruction shall not issue a Montana educator license pursuant to 20-4-101, et seq., MCA, until the applicant's background check has been completed and the results delivered to and reviewed by the Superintendent of Public Instruction.

(5) To initiate the criminal history background check process, the applicant must submit a set of fingerprints on the appropriate form to the Montana Department of Justice for the purpose of licensure. Criminal background checks submitted for other purposes will not be acceptable for licensure.

(6) As part of the licensure application process, the applicant must provide character and fitness information to the Superintendent of Public Instruction. If the applicant has any criminal history record, the applicant must provide a description and explanation of the circumstances of the crime.

(7) Each applicant who is the subject of a criminal history background check is entitled to receive a copy of the report from the Superintendent of Public Instruction with the appropriate identification and signed release. The applicant may challenge the accuracy and completeness of any information contained in any such report through the Montana Department of Justice procedures.

(8) The Montana Office of Public Instruction shall make a determination whether the applicant has been convicted of, or is under pending indictment for, a crime that bears upon the applicant's fitness related to the safety and well-being of children or the teaching profession.

(9) Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the Superintendent of Public Instruction in the licensure process if the conviction was for a sexual offense, a crime involving violence, the sale of drugs, theft, or any other offense related to public health, welfare, and safety as it applies to the teaching profession.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-104, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.204 Experience Verification

(1) The determination of appropriate educational experience shall be made by the Superintendent of Public Instruction.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-103, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1978 MAR p. 1488, Eff. 10/27/78; AMD, 1980 MAR p. 662, Eff. 2/29/80; AMD, 1980 MAR p. 2645, Eff. 9/26/80; AMD, 1989 MAR p. 2050, Eff. 12/8/89; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 1998 MAR p. 1918, Eff. 7/17/98; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 2244, Eff. 11/26/09.

Mont. Admin. R. 10.57.209 Extension of Licenses for Military Service

(1) When a person employed in a position requiring a Montana educator license is called into active military service, the unexpired term of an active educator license shall be extended in proportion to the length of active military service. Official notification of the beginning and termination dates of active military service must be submitted to the Superintendent of Public Instruction when the person has been released from active duty.

(2) The extension period of the unexpired term of any license becomes automatically effective on the previous July 1 of the year of termination of active military service. On expiration of this extension period, renewal requirements must be met for further licensure.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-102, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.215 Professional Development and Renewal Requirements

(1) Montana Class 1, 2, 3, and 6 educator licenses may be renewed with verification of 60 professional development units earned during the five years of validity through August 31 of the year the license expires.

(a) Applicants for an initial Montana Class 1, 2, 3, and 6 license whose degree is more than five years old and who do not have a current out-of-state license may be issued with verification of 60 professional development units earned within the five-year period preceding the effective date of the license.

(2) Participation in professional development activities is equivalent to the following professional development units:

(a) one hour of attendance at a professional development activity = one professional development unit;

(b) one quarter college credit = 10 professional development units;

(3) Professional development activities used to renew or obtain all licenses must be a planned and structured experience, of benefit to the licenseeʹs professional development as defined in ARM 10.55.714, an exposure to a new idea or skill or an extension of an existing idea or skill, and in compliance with (4).

(4) Activities acceptable to renew or obtain licenses are professional development, training, workshops, or coursework consistent with P-12 public school curriculum and may include:

(a) credits earned from an institutionally accredited college or university;

(b) activities offered by professional development unit providers approved pursuant to ARM 10.57.216 and documented on an OPI professional development unit certificate;

(c) other professional development activities offered by providers who have not been approved as a professional development unit provider pursuant to ARM 10.57.216, when licensees have received approval for the professional development activity from the Superintendent of Public Instruction;

(d) another state's validated professional development activities other than college or university credit when the intent and structure of the process ensures the meeting or exceeding of Montana professional development unit requirements for licensure;

(e) the instruction of a relevant college or university course by a Montana licensee who has achieved a graduate degree in an endorsed field of specialization; or

(f) verification of completing the National Board Certification (NBC) process through the National Board of Professional Teaching Standards or successfully achieving and renewing NBC licensure shall result in 60 professional development units. NBC professional development units may apply to renewal of an expiring license.

(5) The licensee shall be solely responsible for retaining the professional development unit verification to be used in the application for license renewal.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, 20-4-108, MCA
History: NEW, 1992 MAR p. 230, Eff. 3/1/92; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 1997 MAR p. 1188, Eff. 7/8/97; AMD, 1998 MAR p. 1919, Eff. 7/17/98; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.216 Approved Professional Development and Renewal Activity

(1) Organizations wishing to offer professional development activities for the award of professional development units must receive approval from the Superintendent of Public Instruction prior to offering activities. Status as an approved provider will continue as long as the provider is in compliance with (2).

(2) Approved providers of professional development for the award of professional development units must:

(a) provide activities deemed appropriate for professional development of licensees in compliance with ARM 10.55.714 and 10.57.215;

(b) prepare and award completed professional development unit certificates provided by the Superintendent of Public Instruction to eligible participants;

(i) the activity title and brief description;

(ii) date(s) and location(s) of the program; and

(iii) program schedule, name, and number of participants; and

(d) maintain records of all professional development activities for which professional development unit awards are made for five years following the date of completion of the annual reporting requirement.

(3) The Superintendent of Public Instruction shall provide access to approved professional development providers and annually provide a report to the Board of Public Education, which shall include, at a minimum, a list of providers.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-108, MCA
History: NEW, 1992 MAR p. 230, Eff. 3/1/92; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.217 Appeal Process for Professional Development Activity

(1) Decisions of the Superintendent of Public Instruction on matters of professional development unit activity or provider status may be appealed to the Board of Public Education pursuant to ARM 10.57.603.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-108, MCA
History: NEW, 1992 MAR p. 230, Eff. 3/1/92; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.218 Professional Development Unit Verification

(1) Applications to the Superintendent of Public Instruction for license renewal shall include a listing of the activities completed for renewal as required by ARM 10.57.215. The licensee is responsible for maintaining official documentation verifying completion of professional development activities during the term of the license.

(2) The Superintendent of Public Instruction may conduct an audit of any renewal applications submitted. Those licensees selected for audit will be required to submit official transcripts or original professional development unit certificates within 60 days from the date the renewal application is submitted or from the date of the audit letter.

(3) Failure to respond within the time allowed to a request for professional development unit activities in connection with an audit may result in denial of license renewal.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-108, MCA
History: NEW, 1992 MAR p. 230, Eff. 3/1/92; AMD, 1995 MAR p. 2144, Eff. 10/13/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 977, Eff. 5/9/03; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.221 Reciprocity for Military Spouses/Dependents

(1) A Class 1, 2, 3, 4, or 6 license may be issued to a military spouse and/or dependents who holds a current, out-of-state unrestricted license.

(2) The license shall be valid for a term of five years.

(3) The applicant must:

(a) be the spouse and/or a dependent of an active-duty member of the United States armed forces who has been transferred to Montana, is scheduled to be transferred to Montana, is domiciled in Montana, or has moved to Montana on a permanent change-of-station basis; and

(b) submit verified completion of the online course ʺAn Introduction to Indian Education for All in Montana."

(c) An applicant for a Class 3 administrative license must submit verified completion of the requirements of ARM 10.57.413.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-106, MCA
History: NEW, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.222 Educator Preparation Program Verification

(1) The Superintendent of Public Instruction has discretion to deny licensure consistent with these rules if the standards for an educator preparation program are not substantially equivalent to or greater than the standards required in Montana, subject to approval by the Board of Public Education upon appeal of the denial.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-106, MCA
History: NEW, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.223 Dual Credit Faculty License Exception

(1) An instructor employed by the Montana university system or an institutionally accredited postsecondary institution is not required to hold a teacher or specialist certificate as classified in ARM Title 10, chapter 57, subchapter 4 when teaching a postsecondary course offered to high school students for dual credit.

(2) Postsecondary institutions offering dual credit courses for Montana public schools accredited by the Board of Public Education shall:

(a) annually register with the Office of Public Instruction, prior to delivering dual credit courses;

(b) annually identify the Montana school districts served in the current school year by the postsecondary institution, including the course titles, course codes, and the credit value for each dual credit course provided; and

(3) The Superintendent of Public Instruction shall provide an annual report to the Board of Public Education on the number of postsecondary faculty providing dual credit courses, number of dual credit courses provided, and the K-12 endorsement areas taught.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-106, MCA
History: NEW, 2026 MAR, Notice No. 2026-103, Eff. 8/8/26.

Subchapter 10.57.3 General Endorsement Areas

Mont. Admin. R. 10.57.301 Endorsement Information

(1) The only endorsements on Montana teaching, administrative, or specialist licenses are those approved by the Board of Public Education.

(2) An initial endorsement may be granted by the Superintendent of Public Instruction based on the program of study completed as verified by the appropriate official defined in ARM 10.57.102.

(3) To add an additional endorsement to a Class 1 or 2 license, an applicant must submit verification of one of the three pathways:

(a) Completion of a program of study as verified by the appropriate official, defined in ARM 10.57.102; and

(i) proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; on the endorsement-related content area exam; or

(ii) evidence of a passing score on a student teaching portfolio as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iii) evidence of a 3.00 or higher coursework Grade Point Average (GPA) as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program.

(b) Posted Degree, Major, Minor, or National Board for Professional Teaching Standards Certification: Evidence of completion of at least one of the following degrees in the area applicable to the requested endorsement:

(i) a doctorate degree;

(ii) a master's degree;

(iii) a baccalaureate degree, with a major or posted minor of at least 18 semester hours in the endorsement area requested; or

(iv) a certificate for National Board of Certification for Teaching;

(v) This method is not available for early childhood (P-3), elementary education (K-8), reading (K-12), English as a second language (K-12); School Administrator (Superintendent, Principal, or Supervisor); Specialist (School Psychologist or School Counselor); and initial endorsements in Special Education fields.

(c) Content Area Knowledge and Teaching Experience: Evidence of two years of teaching experience while appropriately licensed documented by a recommendation from a P-12 school employer on a form prescribed by the Superintendent of Public Instruction and proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; on the endorsement-related content area exam. Only where content area exam(s) have been identified may endorsements be added with this method.

(i) If the applicant has a categorical special education endorsement, the applicant must pass the state-designated content test for a K-12 special education endorsement. If the applicant has a P-3 or K-8 special education endorsement, the applicant must have a minimum of two years of teaching experience as appropriately licensed in special education and pass the state-designated pedagogy test for the secondary level to add the K-12 special education endorsement.

(ii) This method is not available for early childhood (P-3), elementary education (K-8), reading (K-12), english as a second language (K-12); School Administrator (Superintendent, Principal, or Supervisor); Specialist (School Psychologist or School Counselor); and initial endorsements in Special Education fields.

(4) An endorsement may be dropped from a license at the end of its valid term if licensure requirements pursuant to these rules are met.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-106, MCA
History: Eff. 4/21/75; AMD, Eff. 7/12/76; AMD, Eff. 9/14/76; ARM Pub. 11/25/77; AMD, 1978 MAR p. 1489, Eff. 10/27/78; AMD, 1980 MAR p. 2645, Eff. 9/26/80; AMD, 1985 MAR p. 1396, Eff. 9/27/85; AMD, 1986 MAR p. 1902, Eff. 11/15/86; AMD, 1988 MAR p. 52, Eff. 1/15/88; AMD, 1989 MAR p. 662, Eff. 5/26/89; AMD, 1991 MAR p. 299, Eff. 3/15/91; AMD, 1991 MAR p. 300, Eff. 3/15/91; AMD, 1994 MAR p. 1690, Eff. 6/24/94; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 1996 MAR p. 1835, Eff. 6/21/96; AMD, 1998 MAR p. 347, Eff. 1/30/98; AMD, 1998 MAR p. 1922, Eff. 7/17/98; AMD, 1998 MAR p. 1923, Eff. 7/17/98; AMD, 2000 MAR p. 1511, Eff. 6/16/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Subchapter 10.57.4 Classes of Licensure

Mont. Admin. R. 10.57.410 Class 2 Standard Teacher's License

(1) A Class 2 standard teacher's license shall be valid for a term of five years.

(2) Applicants for an initial Montana Class 2 standard teacher's license whose degree is more than five years old and who do not have current out-of-state licensure must have earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license. For the purposes of this provision, current licensure does not include provisional or restricted licenses.

(3) To obtain a Class 2 standard teacher's license an applicant must submit verification of all of the following:

(a) a bachelor's or master's degree from an institutionally accredited college or university, or a completed evaluation of foreign transcripts that demonstrates equivalency to a bachelor's degree through a National Association of Credential Evaluation Services (NACES) agency;

(b) completion of an approved educator preparation program including appropriate supervised teaching experience as the terms are defined in ARM 10.57.102 with a recommendation for the license requested from the appropriate official from the educator preparation program;

(d) verified completion of the online course "An Introduction to Indian Education for All in Montana"; and

(e) proof of:

(i) a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; or

(ii) a passing score on a student-teaching portfolio as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iii) a 3.00 or higher course work grade point average (GPA) as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iv) verified completion of an educator preparation program, a current standard, unrestricted out-of-state educator license, and two years of successful teaching experience as defined in ARM 10.57.102 as documented by a recommendation from the out-of-state P-12 school employer on a form prescribed by the superintendent of public instruction.

(4) A Class 2 standard teacher's license is renewable pursuant to the requirements of ARM 10.57.215.

(5) A lapsed Class 2 standard teacher's license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, 20-4-103, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 978, 5/9/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2019 MAR p. 1051, Eff. 7/27/19; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.411 Class 1 Professional Teacher's License

(1) A Class 1 professional teacher's license shall be valid for a period of five years.

(2) To obtain a Class 1 professional teacher's license an applicant must submit verification of all the following:

(a) eligibility for the Class 2 standard teacher's license as set forth in ARM 10.57.410;

(b) completion of "An Introduction to Indian Education for All in Montana"; and

(c) a master's degree in education or an endorsable teaching area(s) from an institutionally accredited college or university or certification by the National Board for Professional Teaching Standards.

(3) A Class 1 professional teacher's license shall be renewable pursuant to the requirements of ARM 10.57.215.

(4) A lapsed Class 1 professional teacher's license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2003 MAR p. 978, Eff. 5/9/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2019 MAR p. 1051, Eff. 7/27/19; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.412 Class 1 and 2 Endorsements

(1) Subject field endorsement must be in areas approved for endorsement by the Board of Public Education.

(2) Areas approved for endorsement on Class 1 and 2 licenses include the following: agriculture, art K-12, biology, business education, chemistry, communication, computer science, early childhood (P-3), earth science, economics, elementary education (K-8), English, English as a second language K-12, family and consumer sciences, geography, health, health and physical education K-12, history, industrial trades and technology education, journalism, library K-12, mathematics, music K-12, physical education K-12, physics, political science, psychology, reading K-12, science (broadfield), social studies (broadfield), sociology, special education P-12, special education P-12 hearing impairment, special education P-12 vision impairment, theater, traffic education, and world languages K-12.

(3) As appropriate, grade level endorsements may be issued as consistent with the educator preparation program completed by the applicant.

(4) Permissive special competencies or endorsements identified on an educator license, but no longer offered, may be retained as long as the licensee continues to renew the license.

(5) To obtain an early childhood (P-3), elementary (K-8), middle grades (4-8 content-specific), secondary (5-12 content-specific), K-12, or P-12 (special education) endorsement, an applicant must provide verification of completion of an approved educator preparation program at the grade level(s) identified by the program, including supervised teaching experience or a waiver of this requirement if the applicant has previously had supervised teaching experience.

(6) Applicants must also submit a recommendation for any endorsement requested from the appropriate official from an approved educator preparation program.

(7) Applicants who have completed an approved educator preparation program outside of Montana and hold endorsements in specific disability areas (for example, early childhood special education, autism, hearing impaired) may qualify for a special education P-12 endorsement in hearing and vision upon verification of program completion and proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the special education endorsement.

(8) Applicants with graduate degrees in an endorsable area may use experience instructing in relevant college or university courses as credit in that endorsement area for licensure.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2012 MAR p. 1038, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2015 MAR p. 2091, Eff. 11/26/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.413 Class 3 Administrative License

(1) A Class 3 administrative license shall be valid for a period of five years.

(2) Appropriate administrative areas which may be approved for license endorsement are: elementary principal, secondary principal, K-12 principal, K-12 superintendent, and supervisor.

(3) To obtain a Class 3 administrative license, except pursuant to ARM 10.57.419, an applicant must be eligible for an appropriately endorsed Class 1, 2, or 5 teaching license or Class 6 School Counseling license to work in the school(s) in which the applicant would be an administrator or would supervise, and qualify as set forth in ARM 10.57.414, 10.57.415, and 10.57.418.

(4) The requirements of ARM 10.57.414(1)(c)(i) through (iii) must be met by an applicant seeking a superintendent endorsement.

(5) An applicant for a Class 3 administrative license must submit verified completion of the online course ʺAn Introduction to Indian Education for All in Montana.ʺ

(6) A Class 3 administrative license shall be renewable pursuant to the requirements of ARM 10.57.215.

(7) A lapsed Class 3 administrative license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 978, Eff. 5/9/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.414 Class 3 Administrative License - Superintendent Endorsement

(1) To obtain a superintendent endorsement an applicant must provide verification of all of the following:

(a) an education specialist, masterʹs, or doctoral degree from an institutionally accredited college or university in education, education leadership, or a P-12 education related area of study;

(b) completion of an approved educator preparation program as defined in ARM 10.57.102 for superintendents with a recommendation for the license requested from the appropriate official from the educator preparation program;

(c) completion of coursework covering Montana School Finance, Montana School Law, and Montana Collective Bargaining and Employment Law. In order to qualify, such coursework must have been provided either by:

(i) an approved professional development provider pursuant to ARM 10.57.216; or

(ii) an approved school administrator preparation program;

(d) completion of the online course "An Introduction to Indian Education for All in Montana";

(e) a minimum of three years of experience as an appropriately licensed teacher or school counselor;

(f) licensure and endorsement as a principal; and

(g) a minimum of one year of administrative experience as an appropriately licensed principal or one year of a supervised Board of Public Education approved administrative internship as a superintendent.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.415 Class 3 Administrative License - Principal Endorsements

(1) To obtain an elementary, secondary, or K-12 principal endorsement an applicant must provide verification of:

(a) a minimum of three years of teaching or school counseling experience with a license as defined in ARM 10.57.102(19) at the level of the requested endorsement;

(b) an education specialist, master's degree from an institutionally accredited college or university in education, education leadership, or a P-12 education related area of study;

(c) completion of an approved educator preparation program as defined in ARM 10.57.102 for principals at the level of the requested endorsement with a recommendation from the appropriate official from the educator preparation program;

(d) completion of a college course in school law, including special education law; and

(e) verified completion of the online course "An Introduction to Indian Education for All in Montana."

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.418 Class 3 Administrative License - Supervisor Endorsement

(1) To obtain a supervisor endorsement in specific fields such as math, music, and school counseling an applicant must provide verification of:

(a) completion of an approved educator preparation program with a recommendation from the appropriate official from the educator preparation program;

(b) completion of a master's degree in the area requested for endorsement at an institutionally accredited college or university;

(c) eligibility for a Class 1 or Class 2 teaching license endorsed in the field of specialization or Class 6 school counseling license;

(d) three years of teaching experience or school counseling with a standard, unrestricted license;

(e) completion of a supervised practicum/internship at an approved educator preparation program; and

(f) verified completion of the online course "An Introduction to Indian Education for All in Montana."

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.419 Class 3 Administrative License - Special Education Supervisor Endorsement

(1) To obtain a supervisor endorsement in the specific field of special education an applicant must provide verification of:

(a) completion, at an institutionally accredited college or university, of a master's degree in special education or a master's degree in the following special education- related service fields: school psychologist, speech-language pathologist, audiologist, physical therapist, occupational therapist, registered nurse, clinical social worker, or clinical professional counselor;

(b) full licensure in the field of specialization;

(c) three years of teaching experience or three years of experience in a P-12 school setting with a standard, unrestricted license as a fully licensed and assigned related services provider;

(d) three semester credits in special education law;

(e) a supervised practicum/internship from an approved special education supervisor program;

(f) verified completion of the online course "An Introduction to Indian Education for All in Montana;" and

(g) recommendation for the endorsement from the appropriate official from an approved special education supervisor program.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.420 Class 4 Career and Technical Education License

(1) A Class 4 license is specific to career and technical education and shall be valid for a period of five years.

(2) There are three types of Class 4 licenses:

(a) A Class 4A license issued to individuals holding a valid Montana teaching license, but without an appropriate career and technical education endorsement;

(b) A Class 4B license issued to individuals with a certificate of completion from an apprenticeship program or associate or bachelor's degree from an institutionally accredited college or university, but who do not hold a valid Montana teaching license with the appropriate career and technical education endorsement; and

(c) A Class 4C license issued to individuals who hold at least a high school diploma or high school equivalency diploma and meet the minimum requirements for endorsement.

(3) To obtain a Class 4 career and technical educator license an applicant must:

(a) meet the requirements of (2)(a), (b), or (c) above and qualify for one or more endorsements as outlined in ARM 10.57.421; and

(b) verify completion of the online course "An Introduction to Indian Education for All in Montana."

(4) A Class 4 license shall be renewable pursuant to the requirements of ARM 10.57.215 and the requirements specific to each type of Class 4 license.

(a) Class 4A licenses shall be renewable by earning 60 professional development units. Endorsement related technical studies may be accepted. The first renewal must show evidence of professional development units earned in each of the following areas:

(i) curriculum and instruction in career and technical education; and

(ii) safety and teacher liability.

(b) Class 4B or 4C licenses shall be renewable by earning 60 professional development units. The first renewal must show evidence of professional development units earned in the following areas:

(i) curriculum and instruction in career and technical education; and

(ii) safety and teacher liability.

(i) principles and/or philosophy of career and technical education;

(ii) curriculum and instruction in career and technical education;

(iii) learning styles/teaching styles; including serving students with special needs;

(iv) safety and teacher liability;

(v) classroom management;

(vi) teaching methods;

(vii) career guidance in career and technical education; or

(viii) endorsement related technical studies, with prior OPI approval.

(5) A lapsed Class 4 license may be reinstated by showing verification of 60 professional development units earned during the five-year period preceding the validation date of the new license, including professional development units in:

(a) curriculum and instruction in career and technical education;

(b) safety and teacher liability; and

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081, Eff. 9/26/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.421 Class 4 Endorsements

(1) Recognized occupations eligible for a Class 4 license shall be evaluated on an annual basis by the Superintendent of Public Instruction. Appropriate career and technical education areas acceptable for endorsement on the Class 4 license include but are not limited to the following: agriculture business, agriculture mechanics, auto body, automotive technology, aviation, building maintenance, building trades, business marketing, computer coding, computer information systems, culinary arts, diesel mechanics, drafting, electronics, emergency medical technician (EMT), engineering, fire and disaster services, graphic arts, health science education, heavy equipment operations, horticulture, industrial mechanics, livestock production, machining, metals, plant and soil sciences, Reserve Officer Training Corps (ROTC) instruction, small engines, stagecraft, teacher education, traffic education, videography, and welding.

(2) Endorsements removed from the list of recognized occupations may be retained as long as the licensee continues to renew the license.

(3) To obtain an endorsement on a Class 4 license, an applicant must provide verification of a minimum of 5,000 hours of documented, relevant work experience which may include apprenticeship training, documenting the knowledge and skills required in the specific trade in which they are to teach. Acceptable documentation of relevant work experience is determined by the Superintendent of Public Instruction and may include, but is not limited to:

(a) work experience completed and verified by previous employers, to include a detailed description of the duties performed during employment;

(b) for self-employed individuals, examples of projects completed, letters of verification from clients or customers, profit and loss statements demonstrating the viability of the business or self-employment;

(c) verification of teaching experience in the area requested for endorsement, accompanied by verification of substantial work experience in the area requested for endorsement; or

(d) certificates of completion of appropriate technical programs or related college degrees and coursework, and industry certification (e.g., ASE, AWS).

(4) For health science education, engineering, computer information systems, computer coding, teacher education, EMT, or fire and disaster services, an alternative to the above requirement of 5,000 hours of work experience may be substituted as recognized by the Office of Public Instruction and the Board of Public Education as follows:

(a) For health science education:

(i) hold a Class 1 or 2 license with an endorsement in health or any of the science areas;

(ii) provide verification of successful completion of a blended learning professional development course of at least 60 hours by a provider recognized by the Office of Public Instruction and the Board of Public Education; and

(iii) successful completion of coursework in human biology or anatomy and physiology; or

(iv) hold a current professional license in a related health occupation field.

(b) For engineering:

(i) hold a Class 1 or 2 license with an endorsement in math or science; and

(c) For computer information systems an individual may provide verification of completion of an approved technical program in a recognized training institution and hold a professional license or industry standard certificate recognized by the Office of Public Instruction and the Board of Public Education.

(d) For computer coding:

(i) hold a Class 1 or 2 license; and

(e) For teacher education:

(i) hold a Class 1 or 2 license; and

(ii) provide verification of successful completion of five years of professional experience as a licensed educator.

(f) For EMT:

(i) hold a Class 1 or 2 license;

(ii) hold a current CPR/First Aid certificate and a current license as a lead instructor obtained through the Montana Board of Medical Examiners;

(iii) provide verification of a minimum of 2,000 hours of EMT experience; and

(iv) provide verification of successful completion of a blended learning professional development course offered by the Office of Public Instruction.

(v) In addition to renewal requirements outlined in ARM 10.57.420, renewal of this endorsement will also require a current CPR/First Aid certificate and a current license as a lead instructor obtained through the Montana Board of Medical Examiners.

(g) For fire and disaster services:

(i) hold a Class 1 or 2 license;

(ii) provide verification of a minimum of 2,000 hours of employment in fire services or law enforcement; and

(iii) provide verification of successful completion of a blended learning professional development course offered by the Office of Public Instruction.

(h) For traffic education:

(i) meet the requirements of ARM 10.13.310; or

(ii) A Class 4A, 4B, or 4C career and technical education license may be approved to teach traffic education if the license meets the requirements of ARM 10.13.310.

(5) To qualify for a ROTC instructor endorsement the applicant must provide evidence of certification by the appropriate branch of the U.S. military and successful completion of a criminal background check pursuant to ARM 10.57.201A. This endorsement does not require verification of 5,000 hours of work experience and may not be issued as a Class 4C license. A Class 4A or 4B license with a ROTC endorsement may be renewed every five years with resubmission of certification by the appropriate branch of the U.S. military.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081, Eff. 9/26/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2018 MAR p. 1582, Eff. 8/11/18; AMD, 2018 MAR p. 2405, Eff. 12/8/18; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.424 Class 5 Provisional License

(1) There are three types of Class 5 licenses:

(a) a Class 5A provisional license that is valid for one year;

(b) a Class 5B provisional license that is valid for three years; and

(2) A Montana educator may be issued only one Class 5 provisional license per teaching license (Class 1 or 2), administrator license (Class 3), or specialist license (Class 6). A Class 5 provisional license is not available for an initial Class 4 license or a Class 7 or 8 license.

(3) A Class 5A provisional license will be issued to those individuals seeking their initial Montana educator license who meet all licensure requirements except need successful completion of the Montana required Praxis test. This license is valid for one year and is non-renewable.

(4) A Class 5B provisional license is valid for a term of three years, is not renewable, and may not be reinstated. A Class 5B provisional license will be issued to those individuals who hold a bachelor's degree from an institutionally accredited college or university but have not completed an approved educator preparation program.

(a) An applicant for a Class 5B provisional license must sign and file with the Superintendent of Public Instruction a plan of professional intent leading, within three years of the date of validity of the provisional license, to an appropriately endorsed Class 1, 2, 3, or 6 license as provided in ARM 10.57.412, 10.57.414, 10.57.415, 10.57.418, 10.57.419, or 10.57.434 and 10.57.435.

(5) A Class 5C provisional license is valid for a term of three years, is not renewable, and may not be reinstated. A Class 5C provisional license will be issued to those seeking a license in Montana whose degree is more than five years old, do not hold a current standard, unrestricted educator licensure, and have not earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license.

(a) An applicant for a Class 5C provisional license must sign and file with the Superintendent of Public Instruction a plan of professional intent to obtain 60 professional development units which lead, within three years of the date of validity of the provisional license, to an appropriately endorsed Class 1, 2, 3, or 6 license as provided in ARM 10.57.412, 10.57.414, 10.57.415, 10.57.418, 10.57.419, or 10.57.434 and 10.57.435.

(6) An applicant for a Class 5A, 5B, or 5C provisional license must provide verification of:

(a) a bachelor's degree from an institutionally accredited college or university; and

(b) a current Montana address or job offer from a P-12 school in Montana; and

(7) A Class 5A, 5B, or 5C provisional licensee is not eligible for a Board of Public Education approved internship program in the same endorsement area subsequent to the Class 5A, 5B, or 5C licensure expiration date.

(8) Extension may be granted to a Class 5B or 5C provisional license at the discretion of the Superintendent of Public Instruction as authorized in ARM 10.57.109. Requests for extension must be submitted by the licensee and supported by the accredited educator preparation program. A request for extension must demonstrate evidence of extreme hardship or other circumstances beyond the control of the licensee which prevented timely completion of the agreed upon plan of study.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2019 MAR p. 1051, Eff. 7/27/19; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.425 Class 5 Provisional License - Endorsements

(1) Subject field endorsement must be in areas approved for endorsement by the Board of Public Education.

(2) Areas approved for endorsement on Class 5 provisional license include the following: agriculture, art K-12, biology, business education, chemistry, communication, computer science, early childhood (P-3), earth science, economics, elementary education (K-8), English, English as a second language K-12, family and consumer sciences, geography, health, health and physical education K-12, history, industrial trades and technology education, journalism, library K-12, mathematics, music K-12, physical education K-12, physics, political science, psychology, reading K-12, science (broadfield), social studies (broadfield), sociology, special education P-12, special education P-12 hearing impairment, special education P-12 vision impairment, theater, traffic education, and world languages K-12.

(3) As appropriate, grade level endorsements may be issued as consistent with the educator preparation program completed by the applicant.

(4) To obtain an early childhood (P-3), elementary (K-8), middle grades (4-8 content-specific), secondary (5-12 content-specific), K-12 (as delineated in ARM 10.57.412), or P-12 (special education and school psychologist) endorsement, an applicant must provide verification of:

(a) a bachelor's degree from an institutionally accredited college or university; and

(b) for those applicants who have not completed an approved educator preparation program, a plan of study from an approved educator preparation program verifying that the applicant:

(i) can meet the requirements for full licensure within the three-year valid period of the license; and

(ii) meets the professional educator preparation program's admission requirements.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 325, Eff. 3/27/09; AMD, 2009 MAR p. 2244, Eff. 11/26/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 2091, Eff. 11/26/15; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.427 Class 5 Provisional License – Superintendent Endorsement

(1) To obtain a Class 5 provisional license with a superintendent endorsement, an applicant must provide verification of:

(a) An education specialist, master's, or doctoral degree from an institutionally accredited college or university in education, education leadership, or a P-12 education related area of study;

(b) eligibility for a Class 1, 2, or 5 teaching license or school counseling license or a current standard, unrestricted out-of-state license;

(c) a minimum of three years of experience as an appropriately licensed and assigned teacher or school counselor license at any level;

(d) one year of appropriately licensed experience as a principal;

(e) completion of an approved educator preparation program, as defined in ARM 10.57.102, for superintendents; and

(f) for those applicants who have not completed the coursework covering Montana School Finance, Montana School Law, and Montana Collective Bargaining and Employment Law, in order to qualify, such coursework must have been provided either by:

(i) an approved professional development provider pursuant to ARM 10.57.216; or

(ii) an approved school administrator preparation program.

(2) Applicants required to complete coursework other than Montana requirements in Montana school law, Montana collective bargaining and employment law, and Montana school finance are not eligible for a Class 5 provisional license, but may enroll in an internship program pursuant to ARM 10.55.607.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.428 Class 5 Provisional License - Principal Endorsement

(1) To obtain a Class 5 provisional license with an elementary, secondary, or K-12 principal endorsement, an applicant must provide verification of:

(a) an education specialist, master's degree from an institutionally accredited college or university in education, education leadership, or a P-12 education related area of study;

(b) eligibility for a Class 1, 2, or 5 teaching or school counseling license at the level of the requested endorsement or a current standard, unrestricted out-of-state license; and

(c) a minimum of three years of experience as an appropriately licensed and assigned teacher or counselor at the level of the requested endorsement.

(2) Applicants required to complete coursework requirements other than school law, including special education law are not eligible for a Class 5 provisional license, but may enroll in an internship program pursuant to ARM 10.55.607.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.431 Class 5 Provisional License - Supervisor Endorsement

(1) To obtain a Class 5 provisional license with a supervisor endorsement, an applicant must provide verification of:

(a) a master's degree from an institutionally accredited college or university in the area requested for supervisory endorsement; and

(b) three years of appropriately licensed experience as a teacher or counselor in the area requested for supervisory endorsement or three years of experience in a P-12 school setting as a fully licensed and appropriately assigned related services provider; and

(i) can meet the requirements for full licensure within the three-year valid period of the license; and

(ii) meets the educator preparation program's admission requirements.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.432 Class 5 Provisional License - Specialist Endorsement

(1) To obtain a Class 5 provisional license with a specialist endorsement in school psychology, an applicant must provide:

(a) verification of a master's degree or greater in school psychology or related field from an institutionally accredited college or university; or

(b) verification from the approved specialist program of current enrollment and must sign and file with the Superintendent of Public Instruction a plan of professional intent and evidence of enrollment leading, within three years of the date of validity of the provisional license, to an appropriately endorsed Class 6 license as provided in ARM 10.57.434.

(2) To obtain a Class 5 provisional license with a specialist endorsement in school counseling an applicant must provide:

(a) verification of a bachelor's degree from an institutionally accredited college or university; or

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.433 Class 6 Specialist License

(1) A Class 6 specialist license is valid for a period of five years.

(2) Class 6 specialist licenses may be issued with the following endorsements:

(a) school psychologist; or

(b) school counselor.

(3) Applicants for an initial Montana Class 6 license with a degree more than five years old and who do not have current out-of-state licensure must have earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license. For the purposes of this provision, current licensure does not include provisional or restricted licenses.

(4) An applicant must verify completion of the online course "An Introduction to Indian Education for All in Montana."

(5) A Class 6 specialist license may also be endorsed in traffic education if the licensee meets the requirements of ARM 10.13.310 and is approved by the Superintendent of Public Instruction.

(6) Class 6 specialist licenses may be renewed pursuant to the requirements of ARM 10.57.215.

(7) A lapsed Class 6 specialist license may be reinstated by showing verification of 60 professional development units earned during the five-year period preceding the date of application for the new license.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2015 MAR p. 1051, Eff. 7/31/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.434 Class 6 Specialist License - School Psychologist

(1) To obtain a Class 6 specialist license with a school psychologist endorsement an applicant must provide verification of one of the following:

(a) current credentials as a nationally certified school psychologist (NCSP) from the National Association of School Psychologists (NASP); or

(b) completion of a specialist level degree from a NASP accredited school psychologist program which included a 1200-hour internship, of which 600 hours were in a P-12 school setting; or

(c) for those applicants who did not earn at least a specialist level school psychology degree from a NASP accredited program:

(i) a master's degree or higher in school psychology or a related field from an institutionally accredited college or university; and

(ii) recommendation from an approved specialist program defined in ARM 10.57.102, which included an internship in a P-12 school setting of 600 hours.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.435 Class 6 Specialist License - School Counselor

(1) To obtain a Class 6 specialist license with a school counselor endorsement an applicant must provide verification of:

(a) a master's degree from an institutionally accredited college or university; and

(b) completion of a CACREP accredited school counselor program which included an internship in a P-12 school setting of 600 hours; or

(i) a masterʹs degree in school counseling from an institutionally accredited college or university; and

(ii) recommendation from an approved specialist program defined in ARM 10.57.102, which included an internship in a P-12 school setting of 600 hours.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22; AMD, 2024 MAR p. 1189, Eff. 7/1/24.

Mont. Admin. R. 10.57.436 Class 7 American Indian Language and Culture Specialist

(1) A Class 7 American Indian language and culture specialist license is valid for a period of five years.

(2) The Superintendent of Public Instruction shall issue a Class 7 license based upon verification by the authorized representative of a tribal government, that has a memorandum of understanding with the Superintendent of Public Instruction, that the applicant has met tribal standards for competency and fluency as a requisite for teaching that language and culture.

(3) The Board of Public Education will accept and place on file the criteria developed by each tribe for qualifying an individual as competent to be a specialist in its language and culture.

(4) An application must verify completion of the online course "An Introduction to Indian Education for All in Montana."

(5) A Class 7 American Indian language and culture specialist licensee may be approved to teach traffic education if the licensee meets the requirements of ARM 10.13.310 and is approved by the Superintendent of Public Instruction.

(6) A Class 7 American Indian language and culture specialist license may be renewed upon meeting the terms of the renewal as provided in the memorandum of understanding in (2).

(7) A school district may assign an individual licensed under this rule to only specialist services within the field of American Indian language and culture under such supervision as the district may deem appropriate. No other teaching license or endorsement is required for duties within this prescribed field.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-103, 20-4-106, MCA
History: NEW, 1995 MAR p. 2803, Eff. 12/22/95; TRANS, 2002 MAR p. 3309, 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.439 Class 9 Special Education Technician License

(1) A Class 9 special education technician license shall be valid for a term of five years.

(2) To obtain a Class 9 special education technician license, an applicant must submit verification of all of the following:

(a) hold a high school diploma or high school equivalency diploma;

(b) completion of the approved special education technician online modules, as determined by the Superintendent of Public Instruction;

(c) proof of 1,000 hours of documented special education work or relevant work experience, as determined by the Superintendent of Public Instruction;

(d) verified completion of four institutionally accredited college or university introductory courses in education, as determined by the Superintendent of Public Instruction; and

(e) verified completion of the online course "An Introduction to Indian Education for All in Montana.”

(3) A Class 9 special education technician license is renewable pursuant to the requirements of ARM 10.57.215 with 30 professional development units.

(4) A lapsed Class 9 special education technician license may be reinstated by earning 30 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA
History: NEW, 2026 MAR, Notice No. 2026-4, Eff. 5/1/26.

Subchapter 10.57.5 Ancillary Services

Mont. Admin. R. 10.57.501 Social Workers, Nurses and Speech and Hearing Therapists

(1) Professionals such as social workers, nurses and speech and hearing therapists who are teaching in a classroom must have a teaching license appropriate for the level(s) and area(s) taught.

(2) Speech and hearing therapists engaged in school services in the public schools of Montana who issued grades or credits in the pupil's school program must be licensed under the regularly established teacher licensure requirements in speech and hearing association.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-102, MCA
History: Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1981 MAR p. 420, Eff. 5/1/81; AMD, 1982 MAR p. 380, Eff. 2/26/82; AMD, 1982 MAR p. 1606, Eff. 8/27/82; AMD, 1986 MAR p. 1307, Eff. 8/1/86; AMD, 1994 MAR p. 955, Eff. 4/15/94; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Subchapter 10.57.6 Educator Licensure Disciplinary Procedures

Mont. Admin. R. 10.57.601 Request for Discipline Against the License of an Educator/Specialist: Preliminary Action

(1) Pursuant to 20-4-110, MCA, requests to issue a letter of reprimand or to suspend or revoke an educator/specialist license shall be brought before the Board of Public Education by only:

(a) an official action of the board of trustees of a local district for any licensed educator/specialist currently employed by that district or under contract or otherwise employed by that district at any time during the 12 months prior to the receipt by the Board of Public Education of the discipline request; or

(b) the Superintendent of Public Instruction.

(2) The Superintendent of Public Instruction may initiate a request to the Board of Public Education for discipline against an educator/specialist's license within 12 months from the date of receiving direct notification of alleged misconduct from a local school district board of trustees or from any other credible source.

(3) Requests for discipline shall specify whether a letter of reprimand, revocation, or suspension is sought and shall include:

(a) the specific charge(s) against the educator/specialist;

(b) the subsection of 20-4-110, MCA, under which the charge(s) is brought;

(d) if the request is made by a board of trustees of a district, a copy of the minutes documenting the trustees' decision to request disciplinary action.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-110, MCA
History: Eff. 12/10/75; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1991 MAR p. 1488, Eff. 8/16/91; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.601A DEFINITION OF "IMMORAL CONDUCT"

10.57.601A DEFINITION OF "IMMORAL CONDUCT"

(1) "Immoral conduct" related to the teaching profession, under 20-4-110(1)(f), MCA, includes, but is not limited to:

(a) sexual contact, as defined in 45-2-101, MCA, or sexual intercourse as defined in 45-2-101, MCA, involving a minor or a person the applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school;

(b) conduct, whether resulting in the filing of criminal charges or not, which would constitute an offense under any of the following statutes of this state:

(i) 45-5-502, MCA, (sexual assault);

(ii) 45-5-503, MCA, (sexual intercourse without consent);

(iii) 45-5-504, MCA, (indecent exposure);

(iv) 45-5-505, MCA, (deviate sexual conduct), if the conduct either was non-consensual or involved a minor or a person the applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school;

(v) 45-5-507, MCA, (incest);

(vi) 45-5-601, 45-5-602, or 45-5-603, MCA, (offenses involving prostitution);

(vii) 45-5-622(2), MCA, (endangering the welfare of children);

(viii) 45-5-623, MCA, (unlawful transactions with children);

(ix) 45-5-625, MCA, (sexual abuse of children);

(x) 45-8-201, MCA, (obscenity);

(xi) 45-5-627, MCA, (ritual abuse of minor);

(xii) any statute in Title 45, chapter 9, part 1, MCA, (dangerous drugs);

(xiii) 45-5-220, MCA, (stalking);

(xiv) 45-5-223, MCA, (surreptitious visual observation or recordation);

(xv) 45-10-103, MCA, (criminal possession of drug paraphernalia);

(xvi) 45-10-105, MCA, (delivery of drug paraphernalia to a minor);

(xvii) 45-8-334, MCA, (possession of a destructive device);

(xviii) 45-8-361, MCA, (possession or allowing possession of weapon in school building);

(xix) 45-8-403, MCA, (use of threat to coerce gang membership);

(xx) 45-8-406, MCA, (supplying of firearms to criminal street gang);

(xxi) 45-5-622(3), MCA (endangering welfare of children);

(c) repeated convictions for violations of any one or more of the criminal laws of this state, which violations are not otherwise grounds for suspension or revocation, if the repeated convictions, taken together, demonstrate that the teacher, specialist or administrator is unwilling to conform their conduct to the requirements of law;

(d) occurrences related to ARM 24.9.1003(3), (sexual harassment), defined as "unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature" when:

(i) submission to the conduct is explicitly or implicitly made a term or condition of education;

(ii) submission to or rejection of the conduct is used as the basis for an educational decision affecting the individual; and/or

(iii) the conduct has the purpose or effect of unreasonably interfering with school performance or creating an intimidating, hostile or offensive learning environment.

(e) submitting false credentials, omitting relevant information, or making any statement of material fact an applicant or licensee knows to be false to apply for a license, endorsement, employment, or promotion. False credentials include but are not limited to:

(i) college degrees or credit from non-accredited or -approved colleges or universities;

(ii) false professional development credit;

(iii) false academic awards; or

(iv) inaccurate employment history;

(f) significant misuse of technology or electronic communication involving a minor or a person an applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school, including but not limited to misuse of computers, cellular telephones, or other electronic devices; or

(g) intentionally falsifying or deliberately misrepresenting information regarding standardized assessment of students, including but not limited to providing or changing test answers or using inappropriate testing accommodations or modifications.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-110, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.601B REVIEW

10.57.601B REVIEW

(1) Upon receipt of a request for disciplinary action by the trustees of a district or the Superintendent of Public Instruction pursuant to 20-4-110(2), MCA, and ARM 10.57.601, the Board of Public Education shall review the allegations to determine whether there is sufficient cause to believe that professional misconduct occurred.

(2) This review shall include notifying the affected licensee of the request for discipline and allegations against the licensee by certified mail and allowing the licensee ten days to respond to those charges.

(3) If the Board of Public Education determines there is sufficient cause to believe that professional misconduct occurred, the Board of Public Education shall provide notice to the licensee of a hearing on possible disciplinary action as provided in ARM 10.57.602.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-110, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.602 Notice of Hearing

(1) Upon notice of a request for disciplinary action pursuant to ARM 10.57.601 and determination of sufficient cause, the Board of Public Education shall provide notice of a pending disciplinary action to the licensee, by certified mail not less than 30 days prior to the date of the hearing.

(a) Such notice shall include:

(i) a statement of the time, place and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted;

(v) a designation of who will hear the allegation pursuant to ARM 10.57.603; and

(vi) a statement of the licensee's right to be represented by counsel at the hearing.

(b) The notice shall advise the licensee that the licensee has the right to contest the proposed disciplinary action of the board, and that the licensee may do so by filing a written signed statement contesting the matters asserted and requesting a hearing.

(c) The notice shall advise the licensee that the disciplinary hearing will be open to the public unless an individualʹs right to privacy outweighs the publicʹs right to know.

(2) If the licensee elects to contest the proposed disciplinary action, the board shall conduct a contested case hearing pursuant to ARM 10.57.603.

(3) If resolution is reached prior to the hearing, the parties may report such resolution to the board and ask for dismissal of the matter.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-110, MCA
History: Eff. 12/10/75; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1991 MAR p. 1488, Eff. 8/16/91; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17.

Mont. Admin. R. 10.57.603 Hearing in Contested Cases

(1) The Board of Public Education shall select one of the following methods for providing a hearing:

(a) a hearing before the board at a special or regular meeting of the board;

(b) a hearing before a committee of the board that shall report to the board proposed findings of fact, proposed conclusions of law, and a proposed order; or

(c) a hearing before a hearing examiner appointed by the board who shall report to the board proposed findings of fact, proposed conclusions of law, and a proposed order.

(2) At the time and place set in the notice to the applicant or licensee, the chairperson of the Board of Public Education, the designated committee, or an appointed hearing examiner shall conduct the hearing in accordance with Title 2, chapter 4, part 6, MCA, and ARM 1.3.211 through 1.3.224 of the Attorney General's model rules for hearing contested cases.

(3) Prior to the hearing, the boardʹs attorney or designated hearing officer shall schedule a pre-hearing conference to consider:

(a) simplification of the issues;

(b) the possibility of obtaining admissions of facts and documents;

(d) the exchanges of witness and exhibit lists; and

(e) any other matters which may aid in the disposition of the matter.

(4) On appeal the burden is on the appellant to establish by a preponderance of the evidence that the appellant meets the statutory criteria for issuance of an educator/specialist license. In the case of a request for disciplinary action against a licensee pursuant to ARM 10.57.601 or 10.57.611, the burden is on the requestor to establish by a preponderance of the evidence that the disciplinary action is warranted.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-110, MCA
History: Eff. 12/10/74; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.604 Post Hearing Procedure

(1) Either immediately following the hearing, or within 30 days of the conclusion of the hearing regarding an educator/specialist license, the Board of Public Education shall, as applicable:

(a) uphold the decision of the Superintendent of Public Instruction to deny an application for licensure;

(b) dismiss the matter;

(d) enter into a stipulated agreement; or

(e) suspend or revoke the license for a specific period of time, up to and including permanent revocation of the license.

(2) Consistent with a decision to suspend or revoke a license, the board shall issue findings of fact, conclusions of law, and an order signed by the board chair or designee.

(3) The board shall record its decision in its minutes and shall provide its decision, including the letter of reprimand, or a copy of the findings of fact, conclusions of law, and order by certified mail to the licensee and to any other involved party within ten days of its decision.

(4) The date of the letter of reprimand, decision to uphold a denial of licensure by the superintendent, or final written decision and order of the board determines the date from which an appeal may be filed pursuant to 2-4-702, MCA.

(5) Pursuant to 2-4-623, MCA, decisions of the Board of Public Education shall be available for public inspection. Confidential information such as names of any minors, the applicant’s or licensee’s address, telephone number, or medical records may be redacted from the posted final decision.

History

Authorizing statute(s): 20-2-121, 20-4-102, MCA
Implementing statute(s): 20-4-102, 20-4-110, MCA
History: Eff. 12/10/74; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2000 MAR p. 1510, Eff. 6/16/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.605 Surrender of an Educator/Specialist License

(1) A licensee may surrender his or her license to the Superintendent of Public Instruction. The Superintendent of Public Instruction, upon review, may accept or reject the license surrender.

(2) Surrender of a license to the Superintendent of Public Instruction does not relieve the reporting requirements set forth in 20-4-110, MCA.

(3) The Superintendent of Public Instruction may investigate further following the surrender of a license and shall maintain a record of the circumstances surrounding the surrender of any license. The contents of that record shall be available for review by the licensing authority from any other jurisdiction in which the educator/specialist seeks licensure.

(4) Surrender of a license is permanent and irrevocable, unless specified otherwise in the document of surrender. Surrender of a license is a sanction against an educator or specialist and may prejudice the ability of an educator/specialist to successfully seek relicensure.

(5) The Superintendent of Public Instruction shall immediately inform the Board of Public Education of each surrender of a license and of the circumstances surrounding the surrender.

History

Authorizing statute(s): 20-4-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1994 MAR p. 2525, Eff. 9/9/94; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.606 Reporting of the Surrender, Denial, Revocation, or Suspension of a License

(1) The Superintendent of Public Instruction shall maintain membership in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and shall report information concerning disciplinary action to the NASDTEC clearinghouse.

(2) Upon receipt of a license surrendered pursuant to ARM 10.57.605, the Superintendent of Public Instruction shall report to the NASDTEC clearinghouse that the superintendent accepted the surrender of a license held by the licensee.

(3) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse the denial of licensure for cause. A denial "for cause" is defined as circumstances which:

(a) resulted in a determination by the superintendent that the applicant lacked the requisite moral and professional character; or

(b) would, in the case of a licensed Montana educator, be grounds for suspension or revocation.

(4) The superintendent shall not report to NASDTEC under (3) until either:

(a) the period for appeal of denial as provided in ARM 10.57.607 has expired; or

(b) the Board of Public Education affirms the denial.

(5) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse a letter of reprimand issued by the Board of Public Education, and the suspension or revocation of a license held by an educator/specialist licensed in Montana.

(6) If a denial of licensure or disciplinary action by the Board of Public Education is overturned by a court of competent jurisdiction, the Superintendent of Public Instruction will notify the NASDTEC clearinghouse of such action.

(7) The Superintendent of Public Instruction shall maintain, pursuant to the superintendent's record retention policies, a record of the circumstances surrounding the surrender, denial, revocation, suspension, or reprimand involving a license or application for licensure. The contents of that record shall be available for review by the certifying authority from any other jurisdiction in which the educator/specialist seeks licensure.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-110, MCA
History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.607 Appeal from Denial of an Educator/Specialist License

(1) Written notice of appeal from the decision of the Superintendent of Public Instruction to deny issuance or renewal of an educator/specialist license must be submitted to the Board of Public Education. Written notice of appeal must be postmarked or received by the board no later than 30 days from the date of the letter of denial sent from the office of the Superintendent of Public Instruction.

(2) The written notice of appeal shall be submitted by email or sent via post mail. The notice must be signed by the appellant and must:

(a) summarize the appellant's responses to the superintendent's denial of licensure;

(b) provide preliminary statements supporting the appellantʹs contention that the superintendentʹs denial should be overturned; and

(3) When an appeal of a denial from the decision of the superintendent is before the Board of Public Education, the board shall provide notice by certified mail at least 30 days prior to a hearing of the appeal.

(a) Such notice shall include:

(i) a statement of the time, place, and nature of the hearing;

(ii) the legal authority and jurisdiction under which the hearing is to be held;

(iii) reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted; and

(v) designation of who will hear the allegation pursuant to ARM 10.57.603.

(b) The notice shall advise the applicant that the applicant has the right to contest the denial and that the applicant may do so by appearing at the hearing either personally or through counsel, or by requesting the board to consider the matter on the basis of the available evidence without an appearance by the applicant.

(c) The notice shall advise the licensee that the hearing will be open to the public unless an individualʹs right to privacy outweighs the publicʹs right to know.

(d) The hearing officer or person designated pursuant to ARM 10.57.603 to hear the appeal shall conduct a pre-hearing conference to determine matters relevant to scheduling, evidence, witnesses, and other matters related to the hearing as delineated in ARM 10.57.603.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-121, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, 20-4-110, MCA
History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2000 MAR p. 1510, Eff. 6/16/00; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

Mont. Admin. R. 10.57.608 Considerations Governing Acceptance of Appeal in Cases Arising Under 20-4-104 , Mca

(1) The Board of Public Education shall not consider an appeal from a denial by the Superintendent of Public Instruction based on 20-4-104, MCA, if the appellant has made an appeal to the board from the denial of a license within three years prior to the application which is at issue, and the appellant did not prevail following a hearing, unless at the time of notice of appeal pursuant to ARM 10.57.607 the appellant demonstrates substantial changes in circumstances relating to the appellant's eligibility for a license.

(2) The board shall not consider an appeal by a licensee regarding a suspended, revoked, or surrendered license during the period of suspension, revocation, or surrender.

History

Authorizing statute(s): 20-4-102, MCA
Implementing statute(s): 20-4-110, MCA
History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Mont. Admin. R. 10.57.611 Substantial and Material Nonperformance

(1) A licensed staff member commits substantial and material nonperformance of an employment contract pursuant to 20-4-110(1)(g), MCA, if, after signing a binding contract of employment with a Montana school district, the licensed staff member substantially and materially breaches such contract without good cause.

(2) "Good cause" shall be determined by the board on a case-by-case basis. The following are examples of good cause:

(a) substantial hardship to the licensed staff member's family due to a change in employment of the spouse of the licensed staff member that necessitates a move;

(b) illness of a family member of the licensed staff member that necessitates a move for purposes of providing for, caring for, or tending to the ill family member; or

(3) Licensed staff members violating 20-4-110(1)(g), MCA, may be penalized as follows:

(a) a first violation committed not more than 30 calendar days prior to the beginning of the school year may result in a sanction not to exceed placement of a letter of reprimand in the licensed staff member's public record certification file;

(b) a first violation committed on or after school starts shall result in a sanction ranging from placement of a letter of reprimand in the licensed staff member's public record licensure file to temporary suspension of the licensed staff member's license for not more than 30 days; and

(c) a second or subsequent violation shall result in a sanction ranging from a temporary suspension of the licensed staff member's license to revocation of the license.

(4) In determining the severity of the sanction, if any, the Board of Public Education will consider the following:

(a) any direct, harmful impact on students caused by the breach of contract;

(b) the length of prior notice provided to the employing board by the licensed staff member; and

(c) the impact of the licensed staff member's breach of contract on the district's compliance with accreditation standards.

(5) This rule shall not be construed to either require or to prohibit the board from exercising its discretion in overseeing discipline of license holders pursuant to 20-4-110(6), MCA.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-121, 20-4-110, MCA
History: NEW, 2002 MAR p. 1549, Eff. 5/31/02; TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.

Subchapter 10.57.7 Procedures for Hearing Appeals from Decisions Denying Issuance or Renewal of Teacher Certificates

Mont. Admin. R. 10.57.701 Appeal from Denial of a Teacher, Specialist or Administrator Certificate

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-2-121, 20-4-102, MCA
Implementing statute(s): Sec. 20-4-102, 20-4-110, MCA
History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2000 MAR p. 1510, Eff. 6/16/00; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

Mont. Admin. R. 10.57.702 CONSIDERATIONS GOVERNING ACCEPTANCE OF APPEAL IN CASES ARISING UNDER 20-4-104 (1) (c) , MCA

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-4-102, MCA
Implementing statute(s): Sec. 20-4-110, MCA
History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

Mont. Admin. R. 10.57.703 Hearing on Appeal

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-4-102, MCA
Implementing statute(s): Sec. 20-4-110, MCA
History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

Subchapter 10.57.8 Substantial and Material Non-performance

Mont. Admin. R. 10.57.801 Substantial and Material Non-Performance

(IS HEREBY TRANSFERRED)

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, MCA
Implementing statute(s): Sec. 20-2-121, 20-4-110, MCA
History: NEW, 2002 MAR p. 1549, Eff. 5/31/02; TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

Chapter 10.58 Professional Educator Preparation Program Standards

Subchapter 10.58.1 State Administrative Procedural Standards

Mont. Admin. R. 10.58.102 Process Leading to Accreditation of Educator Preparation Providers

(1) The Board of Public Education shall adopt procedures for the accreditation review of educator preparation providers.

(2) The Superintendent of Public Instruction shall implement the Board of Public Educationꞌs procedures by conducting accreditation site reviews.

(a) The Superintendent of Public Instruction shall establish a cadre of qualified educators to serve on review teams. Team members representing accredited P-20 education entities shall:

(i) be nominated by P-20 teachers, administrators, supervisors, and members of professional organizations, educational boards, and agencies; and

(ii) have a minimum of five years of professional education experience.

(b) The Superintendent of Public Instruction shall conduct workshops that prepare educators to serve as team members of site reviews.

(c) Performance of team members shall be evaluated by the team chairperson and the Office of Public Instructionꞌs educator preparation program director.

(d) Team chairpersons and members shall not be assigned to serve in the review of educator preparation providers where a conflict of interest may interfere with the integrity of the review.

(3) Members of the Board of Public Education shall be invited to observe accreditation site reviews.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.103 Accreditation Site Reviews

(1) Educator preparation providers (EPPs) shall sponsor an accreditation site review every seven years or on an adjusted schedule based upon coordination with national accreditation or upon request of the EPP or the Board of Public Education.

(2) Joint accreditation site reviews and cooperation with the national accreditation agencies will be encouraged.

(3) Educator preparation providers are required to engage in continuous improvement.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1986 MAR p. 1307, Eff. 8/1/86; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2005 MAR p. 576, Eff. 4/15/05; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.104 Accredited Programs

(1) The Superintendent of Public Instruction shall report to the public the educator preparation providersꞌ accreditation status in meeting the Board of Public Educationꞌs standards for professional educator preparation.

(2) Pursuant to 20-4-121, MCA, the report shall include educator preparation providers and the corresponding regional and national accreditation agencies. The report shall include the initial and expiration dates of all accredited programs.

(a) Each educator preparation provider shall annually provide information pursuant to (2) to the Office of Public Instruction.

(b) The report shall be accessible to P-20 educators and the general public within the state, and to other state education agencies, and shall be posted to the Office of Public Instruction and Board of Public Education web sites.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Subchapter 10.58.3 Curriculum Principles and Standards: Basic Programs

Mont. Admin. R. 10.58.311 Initial Content and Pedagogical Knowledge

(1) The provider ensures that candidates:

(a) develop an understanding of the critical concepts and principles of their discipline and are able to use discipline-specific practices flexibly to advance the learning of all P-12 students toward attainment of college and career readiness standards;

(b) demonstrate an understanding of the 11 Montana teaching standards (ARM 10.58.501) that apply to critical concepts and principles of learner development and learning differences and that create safe and supportive learning environments in order to work effectively with all P-12 students and their families;

(c) use research and evidence to develop an understanding of the teaching profession and use both to measure their P-12 studentsꞌ progress and their own professional practice;

(d) demonstrate knowledge and concepts of their content area and are able to apply the content in developing learning experiences for all P-12 students;

(e) assess, plan for instruction, and utilize a variety of instructional strategies to provide learning experiences for all P-12 students;

(f) demonstrate skills and commitment that afford all P-12 students access to rigorous college and career ready standards; and

(g) engage in professional learning, take responsibility for student learning, and collaborate with others to work effectively with all P-12 students and their families; and

(h) select and utilize appropriate technology in the design, delivery, and assessment of learning experiences to engage P-12 students and families, improve learning, and enrich professional practice.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.312 Initial Clinical Partnerships and Practice

(1) The provider:

(a) ensures that effective partnerships and high-quality clinical practice in different settings and modalities are central to preparation so that candidates develop the knowledge, skills, and professional dispositions necessary to demonstrate positive impact on all P-12 studentsꞌ learning and development;

(b) co-constructs mutually beneficial P-12 school and community arrangements for clinical preparation and share responsibility for continuous improvement of candidate preparation by:

(i) ensuring partnerships for clinical preparation follow a range of forms, participants, and functions;

(ii) establishing mutually agreeable expectations for candidate entry, preparation, and exit;

(iii) ensuring that theory and practice are linked by maintaining coherence across clinical and academic components of preparation;

(iv) sharing accountability for candidate outcomes; and

(v) to the extent possible, providing opportunities for candidates to student teach in the district and school of their choice, including through recruitment and retention programs adopted by school districts, in accordance with statewide agreements among providers;

(c) ensures that partners co-select, prepare, evaluate, and support high-quality clinical educators, both provider and school-based, who demonstrate a positive impact on candidatesꞌ development and P-12 student learning and development; and

(d) works with partners to design and implement clinical experiences, utilizing various modalities of sufficient depth, breadth, diversity, coherence, and duration to ensure that candidates demonstrate their developing effectiveness and positive impact on all studentsꞌ learning and development. Clinical experiences are structured to have multiple performance-based assessments at key points within the program to demonstrate candidatesꞌ development of the knowledge, skills, and professional dispositions, as delineated in ARM 10.58.311.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.313 Initial Candidate Quality Recruitment, Progression, and Support

(1) The provider:

(a) demonstrates that the development of candidate quality is the goal of educator preparation and provides support services in all phases of the program;

(b) develops and implements plans and efforts to know and address local, state, regional, and national needs for hard-to-staff schools and shortage fields. The goals and evidence show progress toward a high-quality candidate pool that reflects the diversity of Montana's P-12 students;

(c) sets admissions requirements, gathers data to monitor the applicants and selected pool of candidates and designs the selection to completion policy that includes multiple assessment measures to determine admission, continuation in, and completion of programs, including data points that are valid and reliable predictors of candidate success and demonstrate that the standard for high academic achievement and ability is met through multiple evaluations and sources of evidence;

(d) monitors dispositions beyond academic ability that candidates must demonstrate at admissions and during the program using valid and reliable measures;

(e) creates criteria for program progression and monitors candidatesꞌ advancement from admissions through completion; ensures candidates demonstrate the ability to teach to college- and career-ready standards; and presents multiple forms of evidence to indicate candidatesꞌ developing content knowledge, pedagogical content knowledge, pedagogical skills, and the integration of technology in all of these domains;

(f) prior to recommending any completing candidate for licensure, documents that the candidate understands the expectations of the profession, including ethical conduct, professional standards of practice, and relevant laws and policies; and

(g) implements a system for effectively maintaining records of candidate formal complaints and resolution documentation.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.314 Initial Program Impact

(1) The provider:

(a) demonstrates the effectiveness of its completers' instruction on P-12 student learning and development and completer and employer satisfaction with the relevance and effectiveness of preparation;

(b) demonstrates that program completers effectively contribute to P-12 student learning using valid and reliable data, including employer and program completer surveys;

(c) demonstrates, through structured and validated instruments, including, but not limited to, surveys, interviews, and observations, that program completers effectively apply the professional knowledge, skills, and dispositions as described in ARM 10.58.501;

(d) demonstrates, using valid and reliable data, that employers are satisfied with the program completersꞌ preparation for their responsibilities working with P-12 students and their families; and

(e) demonstrates, using valid and reliable data, that program completers perceive their preparation as relevant to the responsibilities they encounter on the job and that the preparation was effective.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.315 Initial Provider Quality Assurance and Continuous Improvement

(1) The provider:

(a) develops a quality assurance system that consists of valid and reliable data from multiple measures of candidatesꞌ and completersꞌ positive impact on P-12 students and supports continuous improvement that is sustained and evidence-based. The provider uses the results of inquiry and data collection to establish priorities, enhance program elements and capacity, and highlight innovations;

(b) implements and maintains a quality assurance system comprised of multiple measures that can monitor candidate progress, completer impacts, and provider operational effectiveness. The provider documents the process of data entry and how data are reported and used in decision making to make programmatic improvement;

(c) ensures that the quality assurance system relies on relevant, verifiable, representative, cumulative, and actionable measures to ensure interpretations of data are valid and consistent;

(d) regularly and systematically assesses program performance against its goals and relevant standards, monitors results over time, tests innovations, and uses results to improve program elements and processes;

(e) ensures that data from the quality assurance system are based on established best practices; summarized, analyzed, shared widely, and acted upon in decision making related to programs, resource allocation, and future direction; and

(f) assures that internal and external stakeholders, including, but not limited to, faculty staff, candidates, completers, employers, practitioners, and school and community partners are engaged in program design, evaluation, and continuous innovative improvement processes.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Subchapter 10.58.5 Teaching Areas: Specific Standards

Mont. Admin. R. 10.58.501 Teaching Standards

(1) All programs require that successful candidates:

(a) demonstrate understanding of how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, behavioral health continuums, and physical areas, and differentiate developmentally appropriate instruction for learners of all abilities based on evidence-based practices;

(b) use understanding of individual differences and diverse cultures, languages, and communities, including American Indians and tribes in Montana and English Language Learners (ELL), to ensure inclusive environments that enable each learner to meet high standards;

(c) work with others to create environments that support individual and collaborative learning and that encourage positive social interaction, active engagement in learning, and self-motivation;

(d) demonstrate understanding of the central concepts, tools of inquiry, and structures of the discipline(s) the candidate teaches and create personalized learning experiences that make the discipline accessible and meaningful for learners to assure mastery of the content, and include the instruction of reading and writing literacy into all program areas;

(e) demonstrate understanding of how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues;

(f) use multiple methods of assessment, including formative and summative assessments, to engage learners in their own growth, to monitor learner progress, and to guide the teacherꞌs and learnerꞌs decision making;

(g) plan and implement evidence-based practices that support the social, emotional, well-being, behavioral, and academic needs of all students;

(h) use a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections and build skills to apply knowledge in meaningful ways;

(i) engage in ongoing professional learning and use evidence to continually evaluate candidateꞌs practice, particularly the effects of their choices and actions on others (learners, families, other professionals, and the community), and adapt practice to meet the needs of each learner;

(j) interact knowledgeably and professionally with students, families, and colleagues based on social needs and institutional roles;

(k) engage in leadership or collaborative roles, or both, in content-based professional learning communities and organizations and continue to develop as professional educators; and

(l) demonstrate understanding of and ability to integrate history, cultural heritage, language, and contemporary status of American Indians and tribes in Montana.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.502 Agricultural Education

(1) The program requires that candidates have one year (minimum 500 hours) of practical farm or agricultural-related experience within five years prior to completion of the program and that successful candidates:

(a) demonstrate essential skills and knowledge including the scientific/technical, safety, and career information in the areas of:

(i) agricultural, natural, and environmental resource science;

(ii) agricultural business management and entrepreneurship;

(iii) horticultural science;

(iv) animal science;

(v) crop science;

(vi) soil science;

(vii) food science;

(viii) agriculture mechanical technology;

(ix) biotechnology; and

(x) technology applications in agriculture;

(b) demonstrate a philosophy of career and technical education, which reflects the unique student/community and industry interaction and includes the biological, physical, and applied sciences, personal leadership, and school-to-career components of a comprehensive agricultural education program;

(c) demonstrate competence in the development of a comprehensive instructional program based on identified agriculture industry demographic and technological advances, including current and evolving issues and ongoing practices of Montana American Indian agricultural contributions, while recognizing the social, economic, and demographic diversity of the community in conjunction with a partnership of students, community, business, industry, tribes, families, and an appointed advisory committee;

(d) demonstrate the development of personal and leadership competencies including, but not limited to, citizenship, personal development, goal setting, parliamentary procedure, and teamwork;

(e) demonstrate the skills and abilities to implement and manage student supervised agricultural experience programs including:

(i) accounting practices;

(ii) career experiences;

(iii) entrepreneurial activities;

(iv) student portfolio development;

(v) on-site instruction; and

(vi) job-related skills;

(f) demonstrates the skills and abilities to develop, utilize, and manage dedicated educational facilities with current and emerging equipment, resources, library, media, and electronic technology; maintain a safe environment; and create a culture of safety during classroom, laboratory, leadership, and supervised agricultural experiences;

(g) demonstrate the scientific process of critical thinking and problem-solving in the preparation of research experiences in the classroom, laboratory, greenhouse, leadership, and supervised agricultural experiences; and

(h) demonstrate research-based strategies to meet the diverse learning needs of all students by applying and integrating the state's learning goals, agricultural workplace competencies, and essential academic learning requirements in program implementation and assessment, including American Indians and tribes in Montana.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.503 Art K-12

(1) The program requires that successful candidates:

(a) demonstrate proficiency in and engage in the processes of art making involving traditional and contemporary studio approaches, concentrating in one or more studio area;

(b) demonstrate understanding and application of global, historical, and contemporary theories of art education curriculum and instruction, visual culture, and cross-curricular and interdisciplinary skills enabling learners to reflect and refine personal art education practices;

(c) engage in inquiry into the diverse histories of art, enabling learners to be exposed to the cultural contexts in which artworks are created, including that of American Indians and tribes in Montana, and fostering respect for all forms of art through the study of diverse traditional and contemporary artists;

(d) develop abilities to critically study, see, and respond to the diverse qualities within artworks, including the process of creating their own artworks and curating the artworks of others, and teaching candidates to communicate their perceptions about artworks in verbal and written languages;

(e) demonstrate a working vocabulary in art production through developing the ability to create and present imaginative and original artworks with a concentration of one or more of the visual art forms;

(f) use appropriate art technologies as tools of expression, research, and assessment; and

(g) demonstrate an awareness of copyright purposes and practices, reproduction, and diverse methods of appropriation, including cultural appropriation.

(2) The program requires that successful candidates demonstrate an understanding of:

(a) the stages of artistic development of children, adolescents, and young adults as these relate to art curriculum, and ensuring that the scope and sequence of the curriculum is developmentally appropriate;

(b) the necessity of creating an environment of empathy, tolerance, and emotional safety in the art classroom;

(c) the health and safety aspects of studio work, including materials, tools, equipment, classroom design, and procedures;

(d) budgeting and purchasing;

(e) censorship issues and their complexity;

(f) appropriate assessment strategies for evaluating student progress and accomplishments in the visual and media arts as aligned to the Montana standards for visual arts, as well as other standards where the arts are integrated with technology and the content areas;

(g) collaborative skills and practices of art in interdisciplinary curriculum and instruction with other disciplines; and

(h) diverse career opportunities in art and art related fields to provide encouragement and advice to students about future options.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.505 Business Education

(1) The program requires that successful candidates:

(a) create, analyze, revise, and implement business education curricula that communicates the challenges and opportunities for students in a global economy and the impact of evolving demographic trends, international competition, and technological innovation within subject matter in diverse learning environments;

(b) develop partnerships with members of the educational, business, and other communities to improve programs, develop new programs, ensure a curriculum based on real world experience, and provides students access to advanced learning opportunities including development of career pathways and work-based learning experiences;

(c) demonstrate the development of personal and leadership competencies (including, but not limited to, citizenship, personal development, goal setting, and collaboration);

(d) demonstrate and apply ethical professional practice based on the principles of business education and career and technical education through civic engagement, advocacy, and active participation in professional development and professional growth activities;

(e) integrate professional student-directed organizations into the curriculum to provide an environment in which students grow professionally, personally, and socially; involve the business and professional community; and recognize the organization provides opportunities for personal growth and leadership development;

(f) identify and demonstrate appropriate technology tools to enhance academic, business, and personal decision making, including, but not limited to, current and emerging devices, input technologies, operating systems, applications, digital media, and web development and design;

(g) demonstrate effective communication skills to facilitate learning, incorporate quality standards in all forms of communications, and recognize that business communication is founded on respect, fairness, and honesty;

(h) determine the nature and extent of the information needed, access needed information effectively and efficiently, and evaluate information and its sources critically;

(i) demonstrate ethical and social responsibility related to all elements of business and the legal framework for personal, business, and social interactions;

(j) promote student access and use a variety of resources to gather information, present personal data, and explore educational and career opportunities in business and related occupational fields;

(k) demonstrate the importance of employment communications to career success including, but not limited to, resume, application letter, application forms and online application system, follow-up letter, electronic database employment search engines, interview techniques, and the skills needed to successfully obtain and maintain employment;

(l) assess students' personal skills, abilities, and aptitude for a career; use career resources to explore opportunities in business, develop workplace expectations, assist students in transitioning from school to work, and other information necessary for students to make informed career choices;

(m) demonstrate effective techniques for managing employees, personnel relations, and the budgeting of time and resources;

(n) apply marketing concepts through responsible marketing practices, including usage of marketing technologies and management fundamentals;

(o) organize, manage, and synthesize information to make wise business decisions;

(p) demonstrate techniques for business problem solving and critical thinking skills needed to function as citizens, consumers, workers, managers, business owners, and directors of their own economic futures;

(q) apply interpersonal, teamwork, and leadership skills necessary to function with professionalism in multicultural business and social settings;

(r) develop an understanding of legal principles and systems, and how law impacts commerce, society, regulations, and participation in the global business environment;

(s) demonstrate an awareness of the interrelatedness of policies and economic practices on other nations, including interactions with sovereign tribal nations, and an understanding of the global business environment, including the connection among social, cultural, political, legal, economic, ethical, and technological systems;

(t) demonstrate and apply principles of economics, free enterprise, and global economies;

(u) demonstrate and apply the basic concepts of personal finance skills, social and government responsibility, and business practices;

(v) demonstrate the role of entrepreneurship in economies and the process of starting and maintaining a business;

(w) demonstrate accounting procedures and application of generally accepted accounting principles, accounting tools, strategies, and systems to maintain, monitor, control, and plan the use of financial resources;

(x) demonstrate the ability to use technology as a tool for facilitating business functions, coordinate information technology instruction in business education and across the curriculum, and explain the value of information technology and the potential impact it may have on studentsêžŒ lives;

(y) demonstrate understanding of professional behavior by respecting intellectual property, personal privacy, and information security;

(z) develop studentsêžŒ ability to analyze, synthesize, evaluate, and apply technologies to solve problems, increase productivity, and improve quality of life; and

(aa) demonstrate the different functional areas of business as interrelated parts rather than distinct and separate entities.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 1997 MAR p. 313, Eff. 2/11/97; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.507 Theatre

(1) The program requires that successful candidates:

(a) demonstrate the ability to create curriculum, instruction, and assessment for K-12 students in a school theatre program to make students aware of the process of artistic creation, including:

(i) generating and conceptualizing creations;

(ii) analyzing, interpreting, selecting, organizing, developing, and refining artistic techniques; conveying meaning; and completing performances; and

(iii) perceiving and analyzing, interpreting intent and meaning in, and apply criteria to evaluate responses;

(b) demonstrate knowledge of program goals, procedures, and rationales for a school theatre program;

(c) integrate activities with outside performances utilizing the latest methods of theatre practice and appreciation; and

(d) model pedagogy and attitudes which reflect current research on the theory and practice of teaching theatre.

(2) The program requires that successful candidates demonstrate understanding and knowledge of:

(a) theatre as a social and aesthetic experience, reflecting on authentic representation, including cultures of American Indians and tribes in Montana and the unique history of theatre and acquaintance with representative plays of past and present, and candidates will be able to synthesize and relate knowledge and personal experiences to make art;

(b) the relationship among the practitioner, the literature, and the audience, including the practitioner's ability to assess personal growth; and

(c) the educational function of theatre in the school setting, helping students develop life skills and better understand themselves, others, and the world.

(3) The program requires candidates have experience with performance and that successful candidates:

(a) direct/supervise a theatrical production with artistic integrity, including supervision of appropriate selections (being mindful of community standards), analysis, casting, rehearsal, and performance;

(b) manage/supervise the technical requirements and use current and emerging technologies of a theatrical production by effectively planning and executing scenery, lights, make-up, sound, properties, costumes, special effects, promotion and publicity; and

(4) The program requires candidates interact with the community as a resource and successful candidates:

(a) contribute in the development of facilities;

(b) supervise classroom projects, assembly programs, or any activity that involves elements of theatre;

(d) advocate in their school and the larger community for theatre instruction and performances.

(5) The program requires candidates demonstrate knowledge and use of educational theatre resources and professional organizations.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.509 English/Language Arts

(1) The program requires that successful candidates:

(a) apply theory, research, and practice in English/language arts to plan standards-based learning experiences for all students;

(b) plan, implement, assess, and reflect on instruction that increases motivation and active student engagement; builds sustained learning of English/language arts and responds to diverse studentsꞌ needs;

(c) plan, implement, assess, and reflect on English/language arts and literacy instruction that promotes critical thinking and creative engagement with complex issues;

(d) engage students in learning experiences that demonstrate the role of the arts, humanities, and other content areas in English/language arts;

(e) demonstrate understanding of legal and ethical issues in English/ language arts such as freedom of expression, censorship, and bias;

(f) demonstrate understanding of theory and research and apply knowledge in the areas of language, oral discourse, reading processes, writing processes, literature, print and non-print texts, which are inclusive of texts from and about American Indians and tribes in Montana, and technology;

(g) plan, implement, assess, and reflect on standards-based instruction that incorporates knowledge of language, including structure, history, and conventions; and facilitate studentsꞌ comprehension and creation of oral and written discourse and print and non-print texts;

(h) plan, implement, assess, and reflect on standards-based instruction that incorporates knowledge of oral communication and interpersonal (verbal/non-verbal) communication for various contexts, purposes, and audiences;

(i) plan, implement, assess, and reflect on standards-based instruction that integrates individual and collaborative approaches and that demonstrates a variety of reading comprehension strategies appropriate for reading purposes and genres;

(j) plan, implement, assess, and reflect on standards-based instruction that integrates individual and collaborative approaches and technologies and that demonstrates an understanding of writing processes and strategies in different genres for a variety of purposes and audiences;

(k) plan, implement, assess, and reflect on standards-based instruction in literature, integrating an extensive range of authors, print and non-print texts and genres, including historic and contemporary works by and about American Indians and tribes in Montana;

(l) plan, implement, assess, and reflect on standards-based instruction integrating technologies and/or digital media to compose multimodal discourse; and

(m) prepare to interact knowledgeably and professionally with students, families, and colleagues based on social needs and institutional roles; engage in leadership and/or collaborative roles in English/language arts professional learning communities; and continue to develop as professional educators.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.510 Special Education P-12

(1) The program requires that successful candidates:

(a) understand how exceptionalities may interact with development and learning and use this knowledge to provide culturally responsive, meaningful, and challenging learning experiences for individuals with exceptionalities;

(b) demonstrate the ability to create and implement personalized, safe, respectful, inclusive, and culturally responsive learning that:

(i) is based on ongoing analysis of student learning, self-reflection, and professional standards, research, and contemporary practices;

(ii) allows all individuals with exceptionalities to become active, effective learners with positive social interactions, self-determination, and healthy well-being;

(c) demonstrate knowledge of standards used in Montana schools and the ability to use general and specialized curricula to implement individualized learning opportunities that align with the needs of students with exceptionalities;

(d) use multiple methods of assessment and data sources to evaluate and identify individualized learning needs and make a variety of education decisions, including:

(i) ability to identify, collect, and understand quantitative and qualitative data;

(ii) ability to accurately prepare Present Level of Academic Achievement and Functional Performance;

(iii) ability to accurately prepare Measurable Annual Goals,

(iv) ability to accurately administer, score, and analyze the results of formative, summative, and standardized assessments; and

(v) ability to accurately interpret and present the assessment results and make ongoing adjustments to instruction;

(e) select, adapt, and use a repertoire of evidence-based instructional strategies including explicit, systematic instruction, assistive technology, whole group instruction, small group instruction, and individual instruction to support and self-regulate learning;

(f) use foundational knowledge of the field along with professional ethics and standards;

(g) collaborate, communicate, and advocate in culturally responsive ways with all individuals involved in the special education process to improve programs, services, and outcomes for individuals with exceptionalities and their families, including, but not limited to, facilitating meetings, scheduling services, working with paraeducators and related providers, and implementing accommodations and modifications;

(h) demonstrate an understanding of the philosophical, historical, and legal foundations of special education including:

(i) identification of social and cultural movements in special education law;

(ii) knowledge of court cases which shaped special education law; and

(iii) understanding of legal resources to assist decision making;

(i) demonstrate knowledge of typical and atypical language development and use systematic evidence-based instruction to enhance language development and teach communicative competence;

(j) demonstrate knowledge and understanding of special education laws and regulations, procedural safeguards, ethical concerns, evaluations/documentation, and appropriate instructional strategies and techniques to support students with social, emotional, and/or behavioral needs through the use of preventative and responsive practices; and

(k) demonstrate proficiency in special education procedural competencies including knowledge of state and federal regulations, rules, and processes and knowledge of the state data collection system and state forms;

(l) demonstrate an understanding of disability categories and characteristics to the extent necessary to use eligibility criteria to make informed decisions concerning learner identification; and

(m) demonstrate the ability to determine service and transitional needs and placement in a least restrictive environment (LRE) in order to ensure a free and appropriate public education (FAPE) once a student has been identified and qualified for services.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.511 World Languages

(1) The program requires that successful candidates:

(a) demonstrate understanding of the major linguistic features of the target language (i.e., phonology, morphology, syntax, semantics) and explain the rules that govern the structure, function, and meaning of target language discourse;

(b) identify and explain pragmatic and sociolinguistic features including, but not limited to, politeness and formal/informal address of the target discourse and identify features for creating coherence and discourse in extended spoken and written texts;

(c) demonstrate listening comprehension to understand short conventional narrative and descriptive texts, such as descriptions of persons, places, and things; and narrations about past, present, and future events;

(d) narrate in oral and/or written form and describe in past, present, and future tenses using connected discourse;

(e) deliver oral presentations extemporaneously on familiar literary and cultural topics and those of personal interest, using a variety of strategies to tailor the presentation to the needs of their audience;

(f) understand conventional written narrative and descriptive texts;

(g) write narratives, descriptions, and summaries on topics of general interest in all major time frames with appropriate control of aspect;

(h) demonstrate understanding of language as an essential element of culture;

(i) demonstrate knowledge of cultural perspectives as reflected in daily living patterns and societal structures, including geography, history, religious, and political systems, literature, fine arts, media, and a variety of cultural products;

(j) connect perspectives to the products and practices of a culture as a way to compare the target culture to their own or to compare a series of cultures;

(k) interpret and synthesize ideas from literary and other cultural texts that represent defining works in the target cultures;

(l) identify themes, authors, historical style, and text types in a variety of media that the cultures deem important to understanding their traditions;

(m) provide opportunities for students to connect to the target language and culture through a variety of means, including technology, as a key component of their classroom practice;

(n) exhibit ease, originality, and flexibility in applying language acquisition theories to instructional practice, based on students' developing proficiency, using a wide variety of strategies to meet the linguistic needs of their students at various developmental levels;

(o) use the target language to the maximum extent in the classroom at all levels of instruction;

(p) demonstrate an understanding of the national and state standards for world language learning to make instructional decisions;

(q) understand how to integrate interpersonal, interpretive, and presentational modes of communication in instruction;

(r) design and use authentic and standards-based performance assessments using the three modes of communication to measure student progress in communicative and cultural competencies; and

(s) design a content-based curriculum that integrates content from other subject areas into instruction.

(2) The classical language program requires that successful candidates:

(a) demonstrate knowledge and understanding of the specific classical language;

(b) demonstrate knowledge and application of the specific classical language's sounds, structure, and vocabulary;

(d) demonstrate understanding of language as an essential element of culture;

(e) demonstrate knowledge of cultural perspectives as reflected in daily living patterns and societal structures, including geography, history, religious, and political systems, literature, fine arts, media, and a variety of cultural products;

(f) connect perspectives to the products and practices of a culture as a way to compare the target culture to their own or to compare a series of cultures;

(g) interpret and synthesize ideas from literary and other cultural texts that represent defining works in the target cultures; and

(h) identify themes, authors, historical style, and text types in a variety of media that the cultures deem important to understanding their traditions.

(3) The Native American language program and culture specialist licensure requires that successful candidates demonstrate the knowledge of and competence in languages of American Indians and tribes in Montana, as attested by the appropriate tribal authority, pursuant to ARM 10.57.436.

(4) The American Sign Language program requires that successful candidates:

(a) demonstrate understanding of first and second language acquisition;

(b) demonstrate knowledge and application of linguistics of American Sign Language;

(d) demonstrate understanding of methods of teaching American Sign Language;

(e) demonstrate knowledge and application of American Sign Language IV or higher; and

(f) demonstrate understanding of American Sign Language literature.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1986 MAR p. 1902, Eff. 11/15/86; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1991 MAR p. 1553, Eff. 3/15/91; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.513 Health

(1) The program requires that successful candidates:

(a) utilize health-related data about the social and cultural environments impacting growth and development, needs and interests of students to promote healthy lifestyles and behaviors inclusive of American Indians and tribes in Montana;

(b) distinguish between behaviors and external factors (family, peers, culture, media, technology) that promote health enhancement and those that hinder well-being;

(c) conduct needs assessments that provide appropriate data to determine health education needs of the learners and diverse populations;

(d) use advocacy and communication skills to recruit school and community representatives to support and assist in health education program planning;

(e) develop a logical scope and sequence plan for a health education program that includes a display of functional knowledge of health promotion and disease prevention concepts related to alcohol and other drugs, injury prevention, nutrition, physical activity, sexual health, tobacco, mental health, suicide prevention, personal and consumer health, including goal settings, interpersonal communication, and decision skills to enhance health and community and environmental health;

(f) formulate appropriate and measurable learner goals and objectives that promote healthy lifestyles and behaviors;

(g) design health education strategies consistent with specified learner goals and objectives to encourage the practice of healthy behaviors to promote physical and cognitive health;

(h) analyze factors affecting the successful implementation of health education and coordinated school health programs;

(i) select resources and media best suited to implement program plans for diverse learners, including relevant resources for American Indians and tribes in Montana;

(j) demonstrate competence in delivering planned health education programs;

(k) evaluate health education programs, adjusting objectives and instructional strategies as necessary;

(l) assess student achievement based on health education program objectives, interpret results, and determine future program needs;

(m) design and develop a plan for coordinating health education with other components of a school health program;

(n) demonstrate the dispositions and communication skills to facilitate cooperation among educators, families, and other appropriate professionals;

(o) formulate strategies of collaboration among health educators in all settings;

(p) utilize health information retrieval systems effectively, i.e., current and emerging technologies;

(q) establish effective and appropriate consultative relationships with those requesting assistance in solving health-related problems;

(r) synthesize valid and reliable health data and respond to requests for health information;

(s) select effective, valid, and reliable health resource materials for dissemination;

(t) interpret concepts, purposes, models, and theories of health promotion and health education;

(u) predict the impact of societal value systems on health education programs;

(v) select a variety of communication techniques and adapt health information to a specific target audience; and

(w) develop effective communication between health care providers and consumers working cooperatively as an advocate for improving personal, family, and community health.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.514 Family and Consumer Sciences

(1) The program requires that successful candidates:

(a) analyze family, community, and work interrelationships; investigate career paths through work-based learning activities; examine family and consumer sciences careers in education and human services, hospitality and food production, and visual arts design; apply career decision making and transitional processes; and implement service learning;

(b) illustrate how each domain of human well-being can be enriched in every family and consumer sciences content area;

(c) use local and global resources responsibly to address the diverse needs and goals of individuals, families, and communities worldwide in all family and consumer sciences areas, including, but not limited to, resource management, consumer economics, financial literacy, living environments, and textiles and apparel;

(d) apply culturally responsive principles of human development and interpersonal and family relationships to strengthen individuals and families across the lifespan in contexts such as parenting, caregiving, and the workplace;

(e) promote nutrition, science, and food literacy practices; develop food preparation and production skills in personal and professional settings that enhance individual and family well-being across the lifespan, and address related concerns in a global society;

(f) develop, justify, and implement course curricula that address perennial and evolving family, career, and community issues; reflect the integrative nature of family and consumer sciences; integrate core academic areas; and reflect high quality career and technical education practices;

(g) create and implement a safe, supportive, and culturally responsive learning environment that shows sensitivity to diverse needs, values, and characteristics of students, families, and communities, including American Indians and tribes in Montana;

(h) engage in ethical professional practice based on the history and philosophy of family and consumer sciences; relationship to career and technical education through civic engagement, advocacy, and collaboration with other professionals; recruitment and mentoring of prospective and new professionals; and ongoing professional development;

(i) collect student and program data to assess, evaluate, and improve student learning and programs in family and consumer sciences using evidence-based criteria, standards, and processes;

(j) integrate leadership strategies into the program to develop students' academic growth, application of family and consumer sciences content, leadership, service learning, and career development;

(k) facilitate students' critical literacy and problem solving in family and consumer sciences through varied instructional strategies and technologies by experience of modeling responsible management of resources in schools, communities, and the workplace; and

(l) develop, implement, and demonstrate laboratory policies and procedures based on current industry standards specific to the focus of the course to ensure a culture of safety for students and clients.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2772, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.515 Industrial Trades and Technology Education

(1) The program requires that successful candidates:

(a) demonstrate knowledge of a curriculum and curriculum design consistent with current national and Montana standards, including:

(i) a mission statement with stated goals and objectives that reflect the intent of industrial trades and technology education programs, as guided by the technical sciences national professional organizations;

(ii) an organized set of concepts, processes, and systems that are technological in nature;

(iii) content orientated toward industrial trades and technology education; and

(iv) classroom and laboratory instruction; experiential, project, and work-based learning; and leadership and personal development;

(b) demonstrate knowledge/competency in applied science, technology, engineering, mathematics, and communication, including:

(i) knowledge about the development of technology, its effects on people, industry, the environment, and society;

(ii) communication technology, which includes information-related technology that uses resources to transfer information and to extend human potential;

(iii) information about industry's organization, personnel systems, techniques, resources, products, and social impacts;

(iv) construction technology, which includes physical-related technology that uses resources to build structures or construct work on site;

(v) manufacturing technology, which includes physical-related technology using resources to extract and convert raw/recycled materials into industrial and consumer goods;

(vi) transportation technology, which includes physical-related technology using transportation technologies to maintain contact and exchange between individuals and societal units through the movement of material, goods, and people;

(vii) identification of a level and scope of entry level skills in the use of tools, instruments, and machines necessary for successful teaching; and

(viii) energy and engineering technology, including information related to engineering and robotics;

(d) develop insight and understanding in the application of technological concepts, processes, and systems;

(e) develop and demonstrate skills in utilizing tools, materials, machines, processes, and technical concepts relative to content organizers, safely and efficiently;

(f) demonstrate skills, creative abilities, positive self-concepts, and individual potentials relating to technology;

(g) demonstrate problem-solving and decision-making abilities involving human and material resources and technological processes and systems;

(h) demonstrate activity-oriented laboratory instruction that reinforces abstract concepts with concrete experiences;

(i) demonstrate knowledge and skills regarding how technological systems function and the attitudes to evaluate those systems;

(j) demonstrate knowledge of past, present, and future technological systems by applying knowledge and skills developed in the study of other systems;

(k) apply and use content knowledge from other disciplines to address individual and social problems;

(l) know and understand the rules and requirements and how to obtain access to industry certifications (i.e., automotive, welding, machining);

(m) demonstrate the skills and abilities to develop, utilize, and manage dedicated educational facilities with current and emerging equipment, resources, library media, and electronic technology, and maintain a safe environment, and create a culture of safety during classroom, laboratory, and supervised industrial technical experiences;

(n) demonstrate and apply ethical professional practice based on principles and philosophy of industrial trade and technology education and career technical education (CTE) through civic engagement, advocacy, and active participation in professional development and professional growth activities;

(o) demonstrate an awareness of professional student organizations into the curriculum to provide an environment in which students grow professionally, personally, and socially; involve the business and industry community; and recognize the potential for these organizations to provide personal leadership development;

(p) demonstrate knowledge of experiential, project, and work-based learning by enhancing student learning through continuous experiential, project, and work-based learning experiences with community stakeholders;

(q) demonstrate knowledge of program marketing by engaging key stakeholders through involvement, recognition, and the sharing of information about all components of the program;

(r) develop and coordinate partnerships, advisory boards, and work-related experiences into the curriculum; and

(s) demonstrate knowledge of and how to gain access to services and financial resources available from state and federal agencies and operate within applicable laws and regulations governing education.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2772, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.516 Journalism

(1) The program requires that successful candidates:

(a) demonstrate knowledge of and apply press law, particularly as it affects the rights and responsibilities of student journalists;

(b) demonstrate knowledge of and apply the history, technological development, and impacts of the mass media;

(c) demonstrate knowledge of the functions of the news media in a democratic society and ensure students understand their role in preserving free and independent news media;

(d) demonstrate knowledge of the organizational structure of the news media and the value of news for todayꞌs media consumers;

(e) demonstrate knowledge of styles and purposes of journalistic forms, including news, features, columns, and editorials;

(f) demonstrate knowledge of and apply the concepts of accuracy, fairness, objectivity, and comprehensiveness in news reporting;

(g) demonstrate knowledge of and apply journalism ethics;

(h) demonstrate knowledge of precomposition strategies, including generating sources, determining angle, interviewing, and researching;

(i) demonstrate knowledge of and apply skills in using multiple drafts, conferences, and self-assessment as guides for revision and editing, matching language use and style with the intended audience;

(j) demonstrate a variety of publishing/production methods;

(k) demonstrate knowledge of and apply methods of effective evaluation of journalistic forms, including advertisements;

(l) demonstrate the values and skills needed to package multimedia products effectively using various forms of journalistic design with a range of visual, auditory, and interactive media;

(m) demonstrate the value of auditory, visual, still photography, and photojournalism to tell stories in compelling ways;

(n) develop a plan and apply strategies on how to recruit and develop a student journalism staff and demonstrate skills in leadership and group dynamics;

(o) demonstrate knowledge of and apply sound business practices for advertising, sales, consumer relations, bookkeeping, and circulation;

(p) create effective journalism programs by demonstrating sound practices in selecting, designing, organizing, and employing objectives, strategies, and materials;

(q) communicate components of curriculum and instruction to students, parents, lay audiences, and other educators;

(r) integrate a variety of instructional strategies, materials, and technologies appropriate to the breadth of journalism content and the individual needs of students;

(s) incorporate instruction in reading literacy and writing literacy in journalism as required by the Montana Content Standards, understanding that course organization needs to allow continuous student learning; and

(t) design a variety of assessment tools that guide students in assessing their learning.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.517 Library Media K-12

(1) The program requires that successful candidates:

(a) demonstrate the ability to collaboratively design, implement, and assess information literacy efforts that engage diverse learners in critical thinking and inquiry processes;

(b) demonstrate the ability to manage the library facility to meet school district goals by:

(i) utilizing current practices in the areas of policy development, budgeting, needs assessment, and collaboration with students and colleagues; and

(ii) demonstrating competency and professionalism in library program administration including budgeting, facilities, equipment, public relations, and program advocacy;

(i) curate library collections through evaluation, selection, acquisition, and organization of all formats of library materials;

(ii) collaborate with teachers and students to ensure that the collection meets the interest of all learners and is aligned to state standards; and

(iii) select materials which reflect knowledge of current youth literature, support a wide range of information needs and interests, and support American Indians and tribes in Montana; and

(d) model and facilitate the effective and ethical use of information and use varying instructional strategies and technologies to support research, learning, creating, and communicating in a digital society.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.518 Mathematics

(1) The program requires that successful candidates:

(a) demonstrate knowledge and understanding of and apply the process of mathematical problem solving;

(b) reason mathematically in constructing, evaluating, and communicating mathematical arguments;

(d) recognize, formulate, and apply connections between mathematical ideas and representations in a wide variety of contexts;

(e) demonstrate understanding of the mathematical modeling process by interpreting, analyzing, and explaining mathematical results and models in terms of their reasonableness and usefulness;

(f) recognize, use, and make connections between and among mathematical ideas and in contexts outside mathematics to build mathematical understanding including the ability to:

(i) attend to precision in mathematical language, notation, approximations, and measurements by consistently and appropriately applying mathematical definitions and procedures; and

(ii) choose appropriate symbolic representations and labels such as specifying units of measure, calculating accurately and efficiently, and expressing numerical answers with a degree of precision appropriate for the context and the data used in calculation;

(g) appropriately use current and emerging technologies as essential tools for teaching and learning mathematics;

(h) look for and recognize repeated reasoning patterns and the mathematical structures behind those patterns to organize and generalize mathematical methods and results in mathematical problem solving and inquiry;

(i) demonstrate how students learn mathematics and the pedagogical knowledge specific to mathematics teaching and learning by demonstrating:

(i) how learners develop mathematical proficiency through the interdependent processes of integrating conceptual understanding, procedural fluency, strategic competence, adaptive reasoning, and productive disposition;

(ii) an understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments in mathematics and ensure high standards of mathematical work for all students;

(iii) an understanding of learning environments that promote mathematical learning, including individual and collaborative learning, positive social interaction about mathematics, active engagement in mathematics learning, and promote self-motivation among mathematical learners;

(iv) an understanding of multiple methods of assessment of mathematical learner growth, progress, and decision making;

(v) an understanding of a variety of instructional strategies that encourage learners to develop deep understanding of mathematics; and

(vi) an understanding of grades 5-12 mathematics curriculum as specified by the State of Montana Content Standards and of the assessment process as specified by the Montana statewide assessment;

(j) demonstrate content knowledge in:

(i) numbers and operations including knowledge and understanding of number systems, arithmetic algorithms, fundamental ideas of number theory, proportion and rate, quantitative reasoning, modeling, and applications;

(ii) different perspectives on algebra including knowledge and understanding of algebraic structures, basic function classes, functional representations, algebraic models and applications, formal structures and linear algebra;

(iii) geometry and trigonometry including knowledge and understanding of Euclidean and non-Euclidean geometries, geometric transformations, axiomatic reasoning and proof, formulas and calculations related to classical geometric objects, and properties of trigonometric functions;

(iv) calculus including knowledge and understanding of limit, continuity, differentiation, integration involving single and multiple-variable functions, sequences and series, and a thorough background in the techniques and application of the calculus;

(v) discrete mathematics including knowledge and understanding of basic discrete structures, counting techniques, iteration, recursion, formal logic, and applications in the formulation and solution of problems;

(vi) data analysis, statistics, and probability including knowledge and understanding of descriptive statistics using numbers and graphs, survey design, sources of bias and variability, empirical and theoretical probability, simulation, and inferential statistics related to univariate and bivariate data distributions; and

(vii) historical development and perspectives of various branches of mathematics including contributions of significant historical figures and diverse cultures, including American Indians and tribes in Montana.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.519 Music K-12

(1) The program requires that successful candidates:

(a) perform solo and small to large ensemble repertoire in candidateꞌs specialty area;

(b) perform in both vocal and instrumental ensembles;

(c) demonstrate proficiency on keyboard and fretted instruments in order to use the instruments for demonstration and rehearsal;

(d) demonstrate a comprehensive knowledge of musical notation and terminology;

(e) arrange and/or transpose music in an age- and level-appropriate manner for ensembles and classroom situations;

(f) demonstrate basic competence in performing and teaching voice, winds, string, and percussion instruments, including a comprehensive knowledge and skill in conducting and score reading, in order to instruct and conduct choral and instrumental ensembles;

(g) demonstrate through analysis and performance an understanding of aural perception to distinguish tonal and temporal relationships;

(h) demonstrate through analysis and performance an understanding of the elements of music, including melody, harmony, rhythm, tempo, timbre, tone, dynamics, and form;

(i) demonstrate through analysis and performance knowledge of acoustics and the physics of sound as it relates to instrumental sound production, timbre, and tone quality;

(j) develop an understanding of post K-12 opportunities available to students, including post-secondary, other post K-12 education, and career opportunities related to the study and performance of music and music-related fields;

(k) identify music in terms of style, historical period, and cultural significance as it relates to instruction, rehearsal, and performance;

(l) demonstrate knowledge, awareness, and appreciation of musical cultures, including those of American Indians and tribes in Montana;

(m) demonstrate understanding of the diversity of students with regard to culture, backgrounds, and abilities, including the cultures of American Indians and tribes in Montana;

(n) demonstrate knowledge of the relationship of music to other performing and visual arts, and other disciplines outside the arts;

(o) demonstrate an understanding of the aesthetic, philosophical, and psychological aspects of music, and musicꞌs contribution to the individual and society;

(p) demonstrate knowledge and understanding of how children learn and develop, both as individuals and as part of a group, with regard to music instruction;

(q) use a variety of age-appropriate instructional strategies to develop students' performance skills;

(r) demonstrate competency in promoting student creativity through age- and ability-appropriate instruction in interpretation, improvisation, and composition;

(s) plan instruction based on candidateꞌs musical knowledge and needs of the curriculum, the candidateꞌs students, school, and the community;

(t) demonstrate understanding of and use varied age-appropriate assessment strategies to evaluate and ensure continuous and consistent musical development of students;

(u) demonstrate continuing competence in the appropriate use of current and emerging technologies in contemporary music education, such as music writing programs, music theory/skills programs, keyboard/midi, online resources, amplification, and recording technology and their relationship to acoustics and sound;

(v) demonstrate understanding of how to structure appropriate learning environments for K-12 music instruction, including appropriate pacing, modeling, and rehearsal organization;

(w) demonstrate an understanding of the need for positive relationships with colleagues, parents, and community members to support student learning and program continuity;

(x) demonstrate an understanding of strategies for managing a music program in terms of equipment management and maintenance, instructional materials, co-curricular activities including music performance and participation, and finance management including fundraising, grants, and sponsorships; and

(y) demonstrate an understanding of the implementation of age-appropriate classroom management for the music classroom.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15.

Mont. Admin. R. 10.58.520 Physical Education

(1) The program requires that successful candidates:

(a) identify critical elements of motor skill performance and combine motor skills into appropriate sequences for the purpose of improving learning;

(b) demonstrate competent motor skill performance in a variety of physical activities;

(c) describe performance concepts and strategies related to skillful movement and physical activity including fitness principles, game tactics, and skill improvement principles;

(d) describe and apply bioscience (anatomical, physiological, biomechanical) and psychological concepts to skillful movement, physical activity, and fitness;

(e) demonstrate knowledge and understanding of state and national content standards, current law, including those related to American Indians and tribes in Montana, and local program goals in physical education;

(f) identify, select, and implement appropriate learning/practice opportunities of K-12 physical education students based on developmental needs, expected progression, level of readiness, understanding the student, the learning environment, and the task;

(g) demonstrate understanding and use of current and proven instructional strategies, services, and resources to promote skillful movement and physical activities;

(h) use organizational and managerial skills to create efficient, active, and equitable learning experiences in physical education and development that are responsive to studentsꞌ strengths, interests, challenges, individual prior experiences, and diverse cultural heritages including the distinct cultural differences of American Indians and tribes in Montana;

(i) use a variety of developmentally and culturally appropriate practices to motivate K-12 students to participate in indoor and outdoor physical activity to promote physical and cognitive health;

(j) use strategies to help students demonstrate responsible personal and social behaviors including mutual respect, support of others, safety, and cooperation that promote positive relationships and a productive learning environment;

(k) demonstrate knowledge and use of instructional strategies to enhance communication among students in physical activity settings;

(l) demonstrate knowledge and use technology tools and instruments to monitor studentsꞌ motor skills, development, and performance;

(m) demonstrate strategies to become an advocate in the school and community to promote a variety of health-enhancing opportunities; and

(n) participate in the professional health education and physical education community (e.g., school, district, state, tribal, and national) and within the broader education field.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15.

Mont. Admin. R. 10.58.521 Reading Specialists K-12

(1) The program requires that successful candidates:

(a) demonstrate knowledge of major theoretical, conceptual, historical, and evidence-based foundations of literacy and language, the ways in which they interrelate, their correlation to the Montana Content Standards, and the role of the reading/literacy specialist in schools. Successful candidates demonstrate knowledge of the following:

(i) components of reading development, including, but not limited to, concepts of print, phonological awareness, phonics, word recognition, fluency, vocabulary, and comprehension throughout the grades and their relationship with other aspects of literacy;

(ii) aspects of writing development and writing processes, including, but not limited to, revising and audience, and writing foundational skills, including, but not limited to, spelling sentence construction and word processing and their relationship with other aspects of literacy;

(iii) components of language, including, but not limited to, language acquisition, structure of language, conventions of standard English, vocabulary acquisition and use, speaking, listening, viewing, and visually representing and their relationship with other aspects of literacy; and

(iv) knowledge and awareness of the distinct and unique cultural heritage of American Indians and tribes in Montana;

(b) create and engage their students in literacy practices that develop awareness, understanding, respect, and a valuing of differences in our society by:

(i) recognizing, understanding, and valuing the forms of diversity that exist in society and their importance in learning to read and write;

(ii) using a literacy curriculum and engaging in instructional practices that positively impact studentsꞌ knowledge, beliefs, and engagement with the features of diversity; and

(iii) developing and implementing strategies to advocate for equality of educational opportunity and to develop the full educational potential of each student;

(i) designing, selecting, critiquing, adapting, and evaluating evidence-based literacy curricula that meet the needs of all learners;

(ii) designing, selecting, adapting, teaching, and evaluating evidence-based instructional approaches, using both informational and narrative texts to meet the literacy needs of whole class and groups of students in the academic disciplines and other subject areas, and when learning to read, write, listen, speak, view, or visually represent;

(iii) selecting, adapting, teaching, and evaluating evidence-based, supplemental, and intervention approaches and programs while using instruction that is explicit, intense, and provides adequate scaffolding to meet the literacy needs of individual and small groups of students, especially those who experience difficulty with reading and writing; and

(iv) demonstrating the ability to collaborate with school-based educators in developing, implementing, and evaluating literacy instructional practices and curriculum;

(d) understand, select, and use valid, reliable, fair, and appropriate assessment tools to screen, diagnose, and measure student literacy achievement; inform instruction and evaluate interventions; assist teachers in their understanding and use of assessment results; and advocate for appropriate literacy practices to relevant stakeholders by:

(i) understanding the purposes, attributes, formats, strengths/limitations (including, but not limited to, validity, reliability, inherent language and culture, and dialect), and influences of various types of tools in a comprehensive literacy and language assessment system and applying that knowledge when using assessment tools;

(ii) collaborating with colleagues to administer, interpret, and use for decision making student assessment, instruction, intervention, and evaluation for individuals and groups of students;

(iii) participating in and leading professional learning experiences to assist teachers in selecting, administering, analyzing, interpreting assessments, and using results for instructional decision making in classrooms and schools; and

(iv) using both written and oral communication to explain assessment results and advocate for appropriate literacy and language practices to a variety of stakeholders, including students, administrators, teachers, other educators, and parents/guardians;

(e) meet the developmental needs of all learners and collaborate with school personnel to use a variety of print and digital materials to engage and motivate all learners; integrate digital technologies in appropriate, safe, and effective ways; and foster a positive climate that supports a literacy-rich learning environment by:

(i) consulting with families and colleagues to meet the developmental needs of all learners;

(ii) collaborating with school personnel and providing opportunities for student choice and engagement with a variety of print and digital materials to engage and motivate all learners;

(iii) integrating digital technologies into their literacy instruction in appropriate, safe, and effective ways and assisting colleagues in these efforts; and

(iv) facilitating efforts to foster a positive climate that supports the physical and social dimensions of a literacy-rich learning environment, including knowledge of routines, grouping structures, student voice, and social interactions;

(f) demonstrate ability to be reflective literacy professionals who critically analyze and synthesize research, policy, and promising practices; work collaboratively with individuals and groups of colleagues; demonstrate their coaching skills; and advocate on behalf of students and families by:

(i) reflecting on their work, belonging to professional organizations, and as critical consumers of research, policy, and practices, sharing findings with colleagues and other stakeholders;

(ii) designing, facilitating, and leading professional learning experiences for groups including, but not limited to, data team meetings, professional learning communities, grade-level teams, academic department teams, and workshops while using collaborative data collection, analysis, and decision-making processes;

(iii) using their knowledge of adult learning to support teacher inquiry and reflectivity through coaching tools and processes including, but not limited to, modeling, problem solving, observation feedback cycles, and coteaching in their work with teachers; and

(iv) facilitating and working with teachers and other school leaders to advocate on behalf of students and families, for effective literacy programs, practices, and policies.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.522 Science

(1) The science program ensures that successful candidates follow the subject major and/or minor program of study or the broadfield major program of study. Subject major and/or minor teaching endorsement programs are limited to biology, earth science, chemistry, and physics. The physical science endorsement is a balanced combination of physics and chemistry. The broadfield major includes a concentration in one of the endorsable disciplines, coupled with balanced study in three other endorsable science disciplines. Science disciplines selected adhere to a scope and sequence which ensures a thorough grounding in the basic concepts, skills, and dispositions associated with Montana and national K-12 content standards.

(2) The science endorsement requires that successful candidates:

(a) demonstrate a thorough understanding of the nature of science and essential science engineering practices, including:

(i) recent significant changes in the field, as reflected by Montana Science Content Standards, the science framework and their impact on the content knowledge necessary for teaching K-12 students;

(ii) understanding and articulating the knowledge and practices of contemporary science and engineering;

(iii) competency in basic mathematics, statistics, and current and emerging technological applications to science teaching;

(iv) preparation and experience in environmental science, including American Indians and tribes in Montana and their traditional relationships to the environment; and

(v) methods to engage in active inquiry lessons where students ask questions, develop and use models, plan and carry out investigations, analyze and interpret data using applicable science-specific technology, mathematics, and computational thinking, in order to construct explanations and solutions and communicate concepts by engaging in argument from evidence;

(b) demonstrate knowledge and skills in obtaining, evaluating, and communicating information using multiple sources in order to communicate claims, methods, and designs to others;

(c) use a variety of strategies that demonstrate the candidatesꞌ knowledge of the appropriate teaching and learning activities, including laboratory or field settings and applicable instruments and technology, or both;

(d) demonstrate safe laboratory management skills;

(e) practice ethical treatment of living organisms in the classroom; and

(f) interrelate and interpret important concepts, ideas, and applications in their field of endorsement and supporting disciplines.

(3) The candidate for an endorsement in earth science demonstrates the following core competencies:

(a) conceptual understanding in the unifying concepts and processes of systems order and organization, evidence models and explanation, change, constancy, measurement, evolution and equilibrium, form and function;

(b) systematic and quantitative study of the fundamental topics in earth science interrelated and illustrated with descriptive and historical perspectives, as well as the applications of earth science in society;

(c) conceptual understanding of astronomy, geology, paleontology, meteorology, and oceanography, and their relations with each other;

(d) conceptual understanding of biology, chemistry, or physics, emphasizing the interrelationships among the sciences and their relations to earth science;

(e) conceptual understanding of mathematics, including a working knowledge of trigonometry and statistics;

(f) conceptual understanding of ethical and human implications of such contemporary issues as the impact of technologies on earth systems; and

(g) ability to design, develop, and evaluate field, demonstration, and laboratory instructional activities, and use special skills and techniques with equipment, technologies, and facilities which support and enhance curricula and instruction in earth science and especially techniques and strategies for using the local environment as a teaching/learning laboratory.

(4) The candidate for an endorsement in biology demonstrates the following core competencies:

(a) conceptual understanding of the life processes in living systems including organization of matter and energy;

(b) conceptual understanding of the similarities and differences among animals, plants, fungi, microorganisms, and viruses;

(c) conceptual understanding of living organisms, ethical laboratory and field studies promoting scientific inquiry, applications of biology in social and historical perspectives;

(d) conceptual understanding of the principles and practices of biological classification and the theory and principles of biological evolution;

(e) understanding of the ecological systems including the interrelationships and dependencies of organisms with each other and their environments;

(f) conceptual understanding of population dynamics and the impact of population on its environment;

(g) understanding of general concepts of genetics and heredity;

(h) conceptual understanding of organizations and functions of cells and multi-cellular systems;

(i) understanding of the regulation of biological systems including homeostatic mechanisms;

(j) conceptual understanding of the fundamental processes of modeling and investigating in the biological sciences;

(k) understanding of the applications of biology in environmental quality and in personal and community health;

(l) conceptual understanding of bioenergetics including major biochemical pathways;

(m) understanding of biochemical interactions of organisms and their environments;

(n) conceptual understanding of molecular genetics and heredity and mechanisms of genetic modification;

(o) understanding of molecular basis for evolutionary theory and classification;

(p) conceptual understanding of the causes, characteristics, and avoidance of viral, bacterial, and parasitic diseases;

(q) understanding of the issues related to living systems such as genetic modification, uses of biotechnology, cloning, and pollution from farming; and

(r) conceptual understanding of applications of biology and biotechnology in society, business, industry, and health fields.

(5) The candidate for an endorsement in chemistry demonstrates the following core competencies:

(a) conceptual understanding in the unifying concepts and processes of systems order and organization, evidence models and explanation, change constancy, measurement, evolution and equilibrium, form and function;

(b) understanding of exploration and inquiry as tools in investigating all aspects of the natural environment and demonstrates knowledge of application and instruction using these methods when instructing students;

(d) understanding of the basic principles of ionic, covalent, and metallic bonding;

(e) conceptual understanding of the physical and chemical properties and classification of elements including periodicity;

(f) understanding of chemical kinetics and thermodynamics;

(g) conceptual understanding of the principles of electrochemistry;

(h) understanding of the Mole concept, stoichiometry, and laws of composition;

(i) conceptual understanding of solutions, colloids, and colligative properties;

(j) understanding of transition elements and coordination compounds;

(k) conceptual understanding of acids and bases, oxidation-reduction chemistry, and solutions;

(l) understanding of fundamental biochemistry;

(m) conceptual understanding of the applications of chemistry in personal and community health and environmental quality;

(n) understanding of the molecular orbital theory, aromaticity, metallic and ionic structures, and correlation to properties of matter;

(o) conceptual understanding of the advanced concepts of chemical kinetics, and thermodynamics;

(p) understanding of Lewis structures and molecular geometry;

(q) conceptual understanding of major biological compounds and natural products;

(r) understanding of solvent system concepts;

(s) conceptual understanding of chemical reactivity and molecular structure including electronic and steric effects; and

(t) understanding of organic chemistry including syntheses, reactions, mechanisms, and aromaticity.

(6) The candidate for an endorsement in physics demonstrates the following core competencies, including:

(a) conceptual understanding of energy, work, and power;

(b) understanding of motion, major forces, and momentum;

(d) understanding of conservation, mass, momentum, energy, and charge;

(e) conceptual understanding of the physical properties of matter;

(f) understanding of kinetic-molecular motion and atomic models;

(g) conceptual understanding of radioactivity, nuclear reactors, fission, and fusion;

(h) understanding of wave theory, sound, light, the electromagnetic spectrum and optics;

(i) conceptual understanding of electricity and magnetism;

(j) understanding of the fundamental processes of investigating in physics;

(k) conceptual understanding of the applications of physics in environmental quality and to personal and community health;

(l) understanding of thermodynamics and energy-matter relationships;

(m) conceptual understanding of nuclear physics including matter-energy duality and reactivity;

(n) understanding of angular rotation and momentum, centripetal forces, and vector analysis;

(o) conceptual understanding of quantum mechanics, space-time relationships, and special relativity;

(p) understanding of models of nuclear and subatomic structures and behavior;

(q) conceptual understanding of light behavior, including wave-particle duality and models;

(r) understanding of electrical phenomena including electric fields, vector analysis, energy, potential, capacitance, and inductance;

(s) conceptual understanding of issues related to physics such as disposal of nuclear waste, light pollution, shielding communication systems, and weapons development;

(t) understanding of historical development and cosmological perspectives in physics including contributions of significant figures and underrepresented groups, and evolution of theories in physics; and

(u) conceptual understanding of the applications of physics and engineering in society, business, industry, and health fields.

(7) The candidate for an endorsement in broadfield science demonstrates the following core competencies:

(b) ability to collect and interpret empirical data using applicable science-specific technology to develop science and engineering practices, understand the cross-cutting concepts and processes, relationships, and natural patterns;

(c) interdisciplinary study of the fundamental topics in biology, chemistry, physics, and earth science including descriptive and historical perspectives, as well as the applications of these sciences in society;

(d) study and experiences emphasizing interrelationships among all the sciences, as well as cross-cutting concepts of the sciences with other areas of study such as mathematics, technology, and engineering;

(e) understanding of mathematics, including a working knowledge of calculus and statistics;

(f) conceptual understanding of the relationships among science, science technologies, and the study of environmental education;

(g) designing, developing, and evaluating field experiences, demonstrations, and laboratory instructional activities, and in using special skills and techniques with equipment, technologies, facilities, and specimens which support and enhance curricula and instruction in all sciences including laboratory and field studies that promote the science and engineering practices, investigation and inquiry, and the use of experimental methods;

(h) conceptual understanding of earth sciences including content in astronomy, geology, paleontology, meteorology and oceanography, and their relationships with each other;

(i) conceptual understanding of biology including content in zoology, botany, physiology, genetics, ecology, microbiology, cell biology/biochemistry, and evolution, and their relationships with each other;

(j) conceptual understanding of chemistry including content in organic, inorganic, analytical, and biochemistry and their relationships with each other;

(k) conceptual understanding of physics including content in classical mechanics, electricity and magnetism, heat and thermodynamics, waves, optics, atomic and nuclear physics, radiation and radioactivity, relativity, quantum mechanics, and other fields of modern physics and their relationships with each other; and

(l) facilitating classroom discourse through questioning, reflecting on, and critically analyzing ideas, leading students toward a deeper understanding of the inquiry process itself, and, especially, using questions to define problems and potential solutions.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.523 Social Studies

(1) The social studies program ensures that successful candidates follow the subject-major/minor program of study or the broadfield major program of study. Subject-major/minor teaching endorsement programs are limited to history, government, economics, geography, psychology, and sociology. The broadfield social studies teaching endorsement shall include a concentration in history and government and additional content chosen from economics, geography, psychology, sociology, Native American studies, or anthropology. The social studies disciplines adhere to a thorough grounding in the basic philosophy, theory, concepts, and skills associated with Montana standards.

(2) The social studies endorsement requires that successful candidates:

(a) demonstrate knowledge of the purposes of social studies, how to select content appropriate to those purposes, how to use emerging technology, and how to assess student learning in terms of social studies goals;

(b) demonstrate knowledge of and ability to plan instruction based on state and national social studies curriculum standards for civic competence;

(c) demonstrate ability to select and integrate the content and methods of investigation of history and the social science disciplines, including the use of original historic documents and sources for use in social studies instruction;

(d) demonstrate knowledge of and ability to plan instruction on the history, cultural heritage, and contemporary status of American Indians and tribes in Montana, including an awareness and application of the Montana 7 Essential Understandings Regarding Montana Indians;

(e) demonstrate ability to use a variety of approaches to instruction that are appropriate to the nature of social studies content and goals and to use them in diverse settings with students with diverse backgrounds, interests, and range of abilities; and

(f) plan and implement a variety of pedagogical practices that engage students and promote understanding of contemporary events.

(3) The economics endorsement program requires that successful candidates demonstrate knowledge of content and pedagogy related to:

(a) economic theory;

(b) the basic economic problems confronting societies and the examination of the ways in which economic systems seek to resolve the three basic economic problems of choice (i.e., determining what, how, and for whom to produce) that are created by scarcity and environmental impact;

(c) the basic economic goals for society, through a free market economy, including freedom of choice, personal financial literacy, ethical action, efficiency, equality of opportunity, full employment, price stability, growth, and security;

(d) the nature of comparative economic systems, including:

(i) the organization and importance of the international economic system;

(ii) the distribution of wealth and resources on a global scale;

(iii) the struggle of developing nations to attain economic independence and a better standard of living for their citizens;

(iv) the role of the transnational corporation in changing rules of exchange; and

(v) the influence of political events on state, national, and international economic conditions.

(4) The geography endorsement program requires that successful candidates demonstrate knowledge of content and pedagogy related to:

(a) the geographic themes of location (absolute and relative), place (physical and human characteristics), human-environment interaction (relationships within places), movement (of people, goods, and ideas), and regions (how they form and change);

(b) physical geography including solid earth, atmosphere, oceans, landforms, soils, and biogeography;

(d) the use of maps and other tools of geographical investigation or presentation, including the use of emerging technology, to process and evaluate information from a spatial perspective.

(5) The government endorsement program requires that successful candidates demonstrate knowledge of:

(a) the nature of individual dignity, human rights, sovereignty (popular, tribal, and national), political power, citizenship, and political authority;

(b) American democracy as a form of government based on federalism, separation of powers, checks and balances, civil rights and liberties, elected representation, and popular participation;

(d) the role of public opinion, the press, elections, interest groups, and political leaders in building compromise and policy making;

(e) the nature of international relations and the principles and organizations that are used to mediate multinational conflict and achieve multinational order; and

(f) American democracy as compared and contrasted with other forms of government, political systems, and philosophies throughout history and today.

(6) The history endorsement program requires that successful candidates demonstrate knowledge of:

(a) U.S. history, including the history of the many peoples who have contributed to the development of North America;

(b) the history of diverse civilizations throughout the world;

(d) the skills of chronological thinking, analysis of evidence, and interpretation of the historical record by using appropriate content standards;

(e) the cultural, economic, political, scientific/technological, and social activity of humans in the analysis of contemporary issues and problems;

(f) the history, cultural heritage, political development, and contemporary status of American Indians and tribes in Montana; and

(g) the changing role of culture, ethnicity, gender, class, and identity in human affairs.

(7) The psychology endorsement program requires that successful candidates demonstrate knowledge of:

(a) the basic psychological theories including developmental, personality, learning, motivation, cognition, biological/physiological, social behavior, and psychological disorders;

(b) the application of the processes of scientific inquiry and descriptive statistics to questions concerning human behavior;

(c) the behaviors which are most effective in coping with stresses in life, understanding the effects of historical trauma upon cultures, and in improving interpersonal and cross-cultural relationships;

(d) human development in terms of physiological, social, and environmental influences throughout the lifespan; and

(e) the theories and factors which contribute to psychological dysfunction of individuals and families.

(8) The sociology endorsement program requires that successful candidates demonstrate knowledge of:

(a) the basic structure and history of the world's dominant and indigenous social systems;

(b) the factors, including the effects of changing communications, which hold groups together or which change and weaken them;

(c) the application of knowledge and techniques to practical problems in the everyday world of individuals, groups, organizations, and government; and

(d) the importance of diversity in society.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.524 Communication

(1) The program requires that successful candidates:

(a) demonstrate understanding of the composing process, including research, organization, and context development to plan standards-based, coherent, and relevant learning experiences for all students;

(b) demonstrate understanding of theories of human communication including symbolic development, transference of meaning, both cognitively and affectively, nonverbal communication, and language, including social and cultural factors affecting language use;

(c) demonstrate understanding of context (practices) of human communication, including public speaking, rhetoric, argumentation, persuasion; oral interpretation, interpersonal, small group, and organizational communication; cross-cultural communication, including American Indians and tribes in Montana;

(d) demonstrate understanding of diagnostic techniques, assessment, designing, and prescriptions applying formative and summative assessments for improving students' formal and informal communication skills and communicate with students providing appropriate and targeted feedback about their performance in ways that actively involve them in their own learning by encouraging them to analyze their own communication skills;

(e) design instruction that incorporates studentsꞌ home and a variety of community languages to enable skillful control over their rhetorical choices and language practices for a variety of audiences and purposes;

(f) demonstrate positive attitudes for teaching communication and demonstrate knowledge and understanding of students' social, linguistic, and cultural backgrounds affecting symbolic cognition; and

(g) select, create, and use a variety of instructional strategies and teaching resources, including contemporary technologies and digital media.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.526 Traffic Education

(1) The program requires that successful candidates:

(a) demonstrate an understanding of the state requirements for approval of a traffic education program (i.e., school and teacher, student age, scheduling, program length, and liability);

(b) demonstrate an understanding of the state requirements to be eligible as an approved teacher of traffic education (i.e., educator license, driver's license, driving record, specific coursework, and professional development);

(c) demonstrate an understanding of the state requirements regarding vehicle usage including, but not limited to, required and recommended equipment, maintenance, identification, vehicle use and restrictions, licensing, course completion certificates, and insuring;

(d) demonstrate an understanding of the general administrative procedures and policies required for conducting an approved traffic education program including, but not limited to, approval and reimbursement forms;

(e) demonstrate knowledge of the driver licensing process and the responsibilities associated with having that license;

(f) demonstrate a working knowledge and administration of the cooperative driver testing program (CDTP) leading to instructor certification to administer the CDTP driverꞌs license knowledge and road skills tests and issue the traffic education learner license;

(g) demonstrate a working knowledge of perceptual and physical screening techniques;

(h) demonstrate an understanding of the Uniform Vehicle Code, motor vehicle laws of Montana, and due process;

(i) demonstrate an understanding of the consequences resulting from violations including, but not limited to, driving record, loss of driving privilege, higher insurance premiums, and license retesting;

(j) demonstrate the ability to effectively assist students in examining and clarifying their beliefs, attitudes, and values as they relate to traffic safety;

(k) demonstrate an understanding of the importance of positive attitudes toward safe driving including, but not limited to, mental, social, and physical tasks performed through a decision-making process;

(l) demonstrate an understanding of the safe interaction of all elements of the highway transportation system including, but not limited to, pedestrians, bicyclists, passengers, motorcyclists, drivers, vehicles, and roadways;

(m) demonstrate an understanding of the responsibilities of vehicle ownership including, but not limited to, basic mechanical operation, maintenance, and insuring;

(n) demonstrate an understanding of vehicle dynamics and balance as they relate to operator control, vehicle safety technology, and the effects of occupant restraint systems;

(o) demonstrate an understanding of current traffic education issues including, but not limited to, parent involvement, zone control, reference points, distracted, drowsy, impaired, and aggressive driving, and graduated driver licensing;

(p) acquire opportunities for student teaching experiences in classroom and behind-the-wheel situations with novice driving students under the direct supervision of a qualified teacher;

(q) design educational strategies for appropriate classroom and driving experiences for diverse learners;

(r) develop a logical scope and sequence plan for training driving skills in the repeated safe operation of a motor vehicle including, but not limited to, controlled but varied situations and environments;

(s) demonstrate knowledge, application, and evaluation of specific student competencies including, but not limited to, scanning, vehicle balance and control, roadway markings, maneuvers, intersections, and highways;

(t) demonstrate an understanding of specific competencies as defined by recognized agencies and organizations including, but not limited to, the Office of Public Instruction and the American Driver and Traffic Safety Education Association;

(u) design educational strategies for visual perceptual skill development including, but not limited to, scanning, zone control, limiting distractions, risk management, and defensive driving principles;

(v) experience and demonstrate an understanding of driving skills required to operate and control a vehicle from both the driverꞌs and instructorꞌs seats to successfully handle adverse and emergency situations;

(w) demonstrate an understanding of crash facts, causation, and current crash avoidance and injury prevention strategies;

(x) develop a logical scope and sequence plan for a traffic education program that includes the physiological and psychological influences of alcohol and drug abuse and current legislation as they relate to use of the highway transportation system;

(y) demonstrate skills and techniques using potential equipment to assist learning for students with special needs;

(z) demonstrate an understanding of techniques and strategies to integrate traffic education into the K-12 curriculum;

(aa) identify and implement teaching trends and materials which will help assure continued program enhancement;

(bb) demonstrate an understanding of, and provide tools for, student and program assessment; and

(cc) demonstrate an understanding of current information on appropriate resources and how to establish an effective traffic education support network within the community.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.528 Computer Science

(1) The program requires that successful candidates:

(a) demonstrate knowledge of computer science content, models, important principles, and concepts through:

(i) knowledge of, and proficiency in, the use of primitive data types;

(ii) understanding of data representation;

(iii) knowledge of, and proficiency in, the use of static and dynamic data structures;

(iv) knowledge of, and proficiency in, the use of common data abstraction mechanisms (e.g., abstract and generic classes such as stacks, trees, etc.); and

(v) effective use, manipulation, and explanation of external data stores – various types (text, images, sound) and various locations (local, server, cloud);

(b) demonstrate knowledge of algorithm design, analysis, and implementation in an object-oriented programming language using data structures and abstract data types covering:

(i) algorithm problem solving techniques and strategies and design methodologies;

(ii) algorithm verification;

(iii) algorithm complexity and efficiency; and

(iv) knowledge of current programming language and current programming language trends;

(i) using a modern high-level programming language; constructing correctly functioning programs involving simple and structured data types; using compound Boolean expressions; and sequential, conditional, iterative, and recursive control structures;

(ii) designing and testing programming solutions to problems in different contexts (i.e., textual, symbolic, numeric, graphic) using advanced data structures;

(iii) demonstrating knowledge of and skills regarding the syntax and semantics of two high-level programming languages other than those covered in (b)(iv), their control structures, and their basic data representation;

(iv) demonstrating knowledge of and skill regarding program correctness issues and practices (i.e., testing, test data design, and proofs of correctness);

(v) demonstrating knowledge of and skill regarding at least three different program development environments in widespread use;

(vi) demonstrating knowledge of and the ability to construct multi-threaded client-server applications;

(vii) demonstrating knowledge of and the ability to construct web sites that utilize complex data bases;

(viii) demonstrating knowledge of and the ability to construct artificial intelligence and robotic applications; and

(ix) demonstrating knowledge of the principles of usability and human-computer interaction and be able to apply these principles to the design and implementation of human-computer interfaces;

(d) demonstrate knowledge of computer systems and networks and be able to:

(i) describe the operation of a computer system, CPU and instruction cycle, peripherals, network components, and applications, indicating their purposes and interactions among them;

(ii) demonstrate an understanding of operating systems;

(iii) demonstrate an understanding of computer networks; and

(iv) demonstrate an understanding of the issues involved in building and fielding mobile services;

(e) demonstrate an understanding of software engineering and be able to demonstrate an understanding of:

(i) the difference between computer science and software engineering;

(ii) software development methodologies and the software development life cycle; and

(iii) the purpose and contents of the software engineering body of knowledge;

(f) demonstrate an understanding of the key concepts of computer/information security and be able to:

(i) demonstrate an understanding of the concept of Êºattack surfaceÊº and the various methods used to minimize an attack surface;

(ii) demonstrate an understanding of the importance of maintaining logs of all system activity related to security; and

(iii) demonstrate an understanding of the purpose and general functionality of a firewall;

(g) demonstrate an understanding of the role computer science and software engineering plays in the modern world and be able to demonstrate an understanding of:

(i) significant historical events relative to computers and information systems;

(ii) the social, ethical, and legal issues and impacts of computing and information systems;

(iii) the contributions that computer and information science and software engineering make to science, the humanities, the arts, commerce, and entertainment;

(iv) and ability to teach social issues related to the use of computers and information systems in society and the principles for making informed decisions including, but not limited to, security, privacy, intellectual property, equitable access to technology resources, limits of computing, and rapid change; and

(v) the many different careers that are closely related to the development and use of computer and information systems;

(h) demonstrate effective content pedagogical strategies that make the discipline comprehensible to students and:

(i) design projects that require students to effectively describe computing artifacts and communicate results using multiple forms of media;

(ii) identify problematic concepts and constructs in computer science and appropriate strategies to address them; and

(iii) promote and model the safe, effective, and ethical use of computer hardware, software, peripherals, and networks and develop digital citizenship.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1991 MAR p. 300, Eff. 3/15/91; AMD, 1992 MAR p. 1475, Eff. 7/17/92; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.531 Early Childhood Education

(1) The program requires that successful candidates:

(a) identify, apply, and reflect on their knowledge of child development by:

(i) demonstrating an understanding of early childhood (birth-age 8) characteristics and needs across multiple, interrelated areas of childrenꞌs development and learning including physical, cognitive, social, emotional, language, and aesthetic domains as well as learning processes, bilingual/multilingual development, and motivation to learn; and

(ii) understanding and valuing developmental variations, experiences, strengths, interests, abilities, challenges, and approaches to learning for all children;

(b) base their practice on coherent early childhood theoretical perspectives, current understanding of the influence of theory and research about brain growth and development, executive function, motivation, the importance of play, and dispositions toward learning on development;

(c) apply their understanding of the multiple influences on the contexts of young childrenꞌs development and learning including family, community, cultural, and linguistic contexts, temperament, approaches, and dispositions to learning (including initiative, self-direction, persistence, and attentiveness), motivation, attachment, economic conditions, health status, opportunities for play and learning, technology and media, and developmental variations;

(d) understand the potential influence of early childhood programs, including early intervention, on short- and long-term outcomes for children; and

(e) demonstrate the ability to use developmental knowledge including strengths of families and children to create physically and psychologically safe learning environments that are healthy, respectful, supportive, and challenging for children, with full family engagement in establishing the most effective environment for their child.

(2) The program ensures that successful candidates identify, apply, and reflect on their knowledge of family and community partnerships by:

(a) knowing about, understanding, and valuing the complex characteristics and importance of childrenꞌs families and communities including home language, cultural values, ethnicity, socioeconomic conditions, family structures, relationships, stresses, childhood trauma and adverse childhood experiences, supports, and community resources;

(i) understanding the effects of childhood trauma on social, emotional, physical, and behavioral development and be able to demonstrate trauma-informed classroom management strategies; and

(ii) demonstrating a knowledge of the implications of secondary trauma on whole-child well-being;

(b) collaborating with families as equal partners in creating respectful, reciprocal relationships;

(c) promoting and encouraging family engagement in all aspects of childrenꞌs development and learning including assisting families to find curriculum and refer resources concerning parenting, mental health, health care, and financial assistance; and

(d) demonstrating essential knowledge and core skills in team building and in communicating with families and colleagues from other disciplines to encourage and value familiesꞌ participation in curriculum and program development as well as assessment of childrenꞌs learning.

(3) The program ensures that successful candidates identify, apply, and reflect on their knowledge of observation, documentation, and assessment by:

(a) understanding the importance of different types of developmentally appropriate assessments, including, but not limited to, observation, portfolio assessment, and work samples, as well as the importance of providing play-based experiences for children to demonstrate their skills and abilities;

(b) understanding the goals of assessment to summarize, analyze, and use assessment information gathered to:

(i) learn about children's characteristics, including the unique qualities of American Indians;

(ii) document all children's growth in all developmental domains and promote positive outcomes for each child;

(iii) make data-driven decisions to guide curriculum planning and instruction; and

(iv) evaluate effective curriculum to maximize children's development and learning;

(c) understanding assessments that have established reliability and validity that consider children's development, ability, culture, and language.

(4) The program ensures that successful candidates identify, apply, and reflect on their knowledge of teaching and engagement by:

(a) utilizing the environment, schedule, and routine as learning opportunities, including:

(i) designing learning centers and interest areas for indoor and outdoor spaces;

(ii) scheduling extended time for play; and

(iii) teaching through individual and small group contexts that personalize the learning for the child;

(b) creating a caring community of learners that:

(i) supports positive relationships among educators, families, and children;

(ii) promotes the development of childrenꞌs friendship skills; and

(iii) assists children in the development of security, self-regulation, responsibility, and problem solving;

(c) utilizing a broad repertoire of developmentally appropriate teaching skills and strategies supportive of young learners, such as:

(i) incorporating play, project based and experiential learning as core teaching practices;

(ii) integrating curricular areas;

(iii) scaffolding learning;

(iv) personalization of learning;

(v) teaching through social interactions;

(vi) providing meaningful child choice;

(vii) implementing positive guidance strategies; and

(viii) making appropriate use of technology;

(d) providing curriculum and learning experiences that reflect the principles of universal design for learning, the languages, cultures, traditions, and individual needs of diverse families and children, with particular attention to the cultures of the children and families in the classroom and to American Indians and tribes in Montana.

(5) The program ensures that successful candidates identify, apply, and reflect on their knowledge of curriculum by:

(a) designing, implementing, and evaluating developmentally meaningful, integrated, and challenging curriculum for each child using professional knowledge, Montanaꞌs Early Learning Standards, Montana Content Standards (K-5), and Indian Education for All; and

(b) integrating and supporting in-depth learning using both spontaneous and planned curricula and teaching practices in each of the academic discipline content areas including language and literacy; science; mathematics; social studies; the performing and visual arts; health and well-being; and physical development, skills, and fitness by:

(i) demonstrating knowledge and understanding of theory and research and applying knowledge in the areas of language, speaking and listening, reading and writing processes, literature, print and non-print texts, which are inclusive of texts from and about American Indians and tribes in Montana, and technology; and planning, implementing, assessing, and reflecting on English/language arts and literacy instruction that promotes critical thinking and creative engagement;

(ii) demonstrating knowledge, understanding, and use of the fundamental concepts of physical, life, earth, and space sciences to design and implement age-appropriate inquiry lessons to teach science, to build student understanding for personal and social applications, to convey the nature of science, the concepts in science and technology, the history and nature of science, including scientific contributions of American Indians and tribes in Montana;

(iii) demonstrating knowledge, understanding, and use of the major concepts, and procedures, and reasoning processes of mathematics that define number systems and number sense, operations, algebra, geometry, measurement, data analysis statistics and probability in order to foster student understanding and use of patterns, quantities, and spatial relationships that can represent phenomena, solve problems, and deal with data to engage students in problem solving, reasoning and proof, communication, connections, and representation, including culturally inclusive lessons and examples relating to American Indians and tribes in Montana;

(iv) demonstrating knowledge, understanding, and use of the major concepts and modes of inquiry from the social studies, the integrated study of history, government, geography, economics including personal financial literacy, and an understanding of the social sciences and other related areas to promote studentsꞌ abilities to make informed decisions as citizens of a culturally diverse democratic society, including the cultural diversity of American Indians and tribes in Montana, and interdependent world;

(v) demonstrating knowledge, understanding, and use of the content, functions, and achievements of the performing arts (dance, music, drama) and the visual arts as primary media for communication, inquiry, perspective, and engagement among students, and culturally diverse performing and visuals arts inclusive of the works of American Indian artists and art in Montana;

(vi) demonstrating knowledge, understanding, and use of the major concepts in the subject matter of health education to create opportunities for student development and practice of skills that contribute to good health for all young children; and

(vii) demonstrating knowledge, understanding, and use of human movement and physical activity as central elements to foster active, healthy life styles, including health nutrition, and enhanced quality of life for all students;

(c) basing curriculum planning on the understanding of the particular significance of social, emotional, and behavioral development as the foundation for young children's school readiness and future achievements.

(6) The program ensures that successful candidates identify, apply, and reflect on their knowledge of professionalism by:

(a) identifying and involving oneself with the distinctive history, values, knowledge base, and mission of the early childhood field to become an informed advocate for all young children and their families.

(b) upholding and using state and national codes of ethical conduct for the education of young children and other applicable regulations and guidelines;

(i) teachers in preceding and subsequent grade levels to increase continuity and coherence across ages/grades;

(ii) families and interdisciplinary professionals to meet the developmental needs of each child; and

(iii) relevant community and state resources to build professional early learning networks that support high quality early learning experiences for young children and their families;

(d) using formal and informal assessments, early learning professional knowledge, reflection, collaborative relationships, and critical thinking to analyze and continuously improve professional practices with young children and their families;

(e) engaging in continuous, collaborative learning to inform practice; and

(f) developing and sustaining the habit of reflective and intentional practice in their daily work with young children.

(7) The program ensures successful completion of clinical and student teaching experiences that:

(a) are well-planned and sequenced in a variety of settings (i.e., state-licensed child care, Head Start, or community programs);

(b) provide the opportunity to connect early childhood classroom experiences to home and community settings;

(d) include a K-3 student teaching experience in a P-12 school setting.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.532 Elementary

(1) The program requires that successful candidates:

(a) demonstrate knowledge and understanding of the major concepts, principles, theories, and research related to the development of children and young adolescents and apply these understandings to construct learning opportunities that support individual student development, acquisition of knowledge, and engagement in learning;

(b) demonstrate knowledge, understanding, and application of central concepts as outlined in the Montana Content Standards for students across grades K-8 and engage students in meaningful learning experiences that support students in meeting standards;

(c) demonstrate and apply understandings of the elements of literacy that are critical for purposeful oral, print, and digital communication; apply knowledge in the areas of language, speaking and listening, reading and writing processes, literature, new literacies, and technology; include texts from and about American Indians and tribes in Montana; plan, implement, assess, and reflect on English/language arts and literacy instruction that promotes critical thinking and creates engagement; teach children how to read; recognize that there are major theories of reading, writing, and communication processes and development, including first and second literacy acquisition; and recognize the role of a heritage language in learning to listen, speak, read, and write in a new language;

(d) demonstrate knowledge, understanding, and application of the fundamental concepts of physical science, life science, earth and space sciences, and engineering design to design and implement developmentally appropriate inquiry lessons based in the history and nature of science, including tribal ways of knowing and scientific contributions related to tribes in Montana, to build student understanding for personal and social applications;

(e) demonstrate knowledge, understanding, and utilization/application of the major concepts and procedures that define number and operations in base ten, fractions, operations, algebraic thinking, geometry, measurement, data, ratios and proportional relationships, the number system, expressions and equations, statistics, data science, probability, and functions to engage elementary students in problem solving, reasoning, constructing arguments, communication, connections, and representation through culturally inclusive instruction, including tribal ways of knowing and lessons and examples relating to American Indians and tribes in Montana;

(f) demonstrate knowledge, understanding, and application of the major concepts and modes of inquiry from the social studies, including the use of original historic documents and sources, which include the integrated study of history, civics and government, geography, and economics, including personal financial literacy, to promote elementary students' abilities to make informed decisions as citizens of an interdependent and culturally diverse world that includes American Indians and tribes in Montana;

(g) demonstrate knowledge, understanding, and application of the content, functions, and achievements of dance, music, theater, media arts, and visual arts as an essential part of communication, inquiry, perspective, and engagement among elementary students, and culturally diverse performing and visual arts inclusive of the works of American Indian artists and art in Montana;

(h) demonstrate knowledge, understanding, and application of the major concepts in health education to create opportunities for students to develop and practice skills that contribute to good physical and mental health;

(i) demonstrate knowledge, understanding, and application of human movement and physical activity as central elements to foster students' active, healthy habits in order to promote mental well-being and enhanced quality of life;

(j) demonstrate knowledge, understanding, and use of interdisciplinary connections to integrate subject matter contents, employing inclusive ideas and issues that engage students' ideas, interests, concerns, and experiences;

(k) plan and implement instructional strategies based on knowledge of individual students, families, learning theory, content, connections across the curriculum, curricular goals, and community;

(l) demonstrate understanding of how elementary students, within different populations, including American Indians and tribes in Montana, differ in development and approaches to learning and demonstrate the ability to differentiate instruction to meet the needs of individual students;

(m) demonstrate knowledge of proven instructional strategies and use this knowledge to develop elementary students' ability to use critical thinking, problem solving, and current and emerging technologies;

(n) demonstrate knowledge and application of relationship building and developmentally appropriate behavior responses to create learning communities that foster active engagement in learning, self-motivation, self-discipline, and positive, healthy interactions;

(o) demonstrate knowledge and application of effective verbal, nonverbal, and media communication techniques in elementary learning environments to foster active inquiry, collaboration, and supportive interactions among students and transparency with students' families; and

(p) demonstrate knowledge and understanding of formative and summative assessments to support data-driven decision making to monitor student growth and ensure the continuous intellectual, social, emotional, and physical development of elementary students.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD & TRANS, from 10.58.508, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.533 Middle Grades (4-8)

(1) The program ensures that successful candidates demonstrate knowledge of young adolescent development and an understanding of the middle grades learner and learning. Candidates demonstrate:

(a) knowledge and understanding of the major concepts, principles, theories, and research related to young adolescent development (grades 4 through 8) and apply this knowledge and understanding when making curricular decisions, planning and implementing instruction, and participating in professional development activities;

(b) knowledge of young adolescents in the areas of intellectual, physical, nutritional, social, emotional, behavioral, and moral characteristics, individual needs, and interests, and apply knowledge of young adolescents to create healthy, respectful, supportive, and challenging learning environments for all young adolescents, including those whose language and cultures are different from their own;

(i) understand the effects of childhood trauma on social, emotional, physical, and behavioral development and be able to demonstrate trauma-informed classroom management strategies; and

(ii) demonstrate knowledge of the implications of secondary trauma;

(c) knowledge and understanding of the implications of diversity on the development of young adolescents and apply that understanding to implement curriculum and instruction that is responsive to young adolescentsꞌ local, tribal, Montana, national, and international histories, language/dialects, and individual identities;

(d) understanding of young adolescent development and apply that understanding when planning and implementing middle grades curriculum and when selecting and using instructional strategies; and

(e) knowledge of young adolescent development when making decisions about their role in creating and maintaining developmentally responsive learning environments and when participating in effective middle grades instructional and organizational practices, including interdisciplinary team organization and advisory programs.

(2) The program ensures that successful candidates demonstrate in-depth interdisciplinary knowledge of the middle grades content, standards, and curriculum and the ability to assist all young adolescents in understanding the interdisciplinary nature of knowledge. Candidates demonstrate:

(a) knowledge and understanding of theory and research and apply knowledge in the areas of language, speaking, and listening; reading and writing processes; literature, print, and non-print texts, which are inclusive of texts from and about American Indians and tribes in Montana; and effective technology integration; and plan, implement, assess, and reflect on English/language arts and literacy instruction that promotes critical thinking, critical analysis, and creative engagement for young adolescents;

(b) knowledge, understanding, and use of the fundamental concepts of physical, life, earth, and space sciences to design and implement age-appropriate inquiry lessons to teach science, to build middle grades student understanding for personal and social applications, to convey the nature of science, the concepts in science and technology, and the history and nature of science, including scientific contributions of American Indians and tribes in Montana;

(c) knowledge, understanding, and use of the major concepts and procedures that define number and operations, algebra, geometry, measurement, data analysis, and probability to engage young adolescent students in problem solving, reasoning and proof, communication, connections, and representation, including culturally inclusive lessons and examples relating to American Indians and tribes in Montana;

(d) knowledge, understanding, and use of the major concepts and modes of inquiry from the social studies, the integrated study of history, government, geography, economics including personal financial literacy, and an understanding of the social sciences, including the use of original historic documents and sources, and other related areas to promote middle grades studentsꞌ abilities to make informed decisions as citizens of a culturally diverse democratic society, including the cultural diversity of American Indians and tribes in Montana, and the interdependent world;

(e) knowledge, understanding, and use of the content, functions, and achievements of the performing arts and the visual arts as primary media for communication, inquiry, perspective, and engagement among young adolescent students, and culturally diverse performing and visuals arts inclusive of the works of American Indian artists and art in Montana;

(f) knowledge, understanding, and use of health enhancement education to create opportunities for middle grades student development and practice of skills that contribute to good health for all young adolescents; and

(g) knowledge, understanding, and use of human movement and physical activity as central elements to foster active, healthy habits, including health nutrition and enhanced quality of life for all young adolescent students.

(3) The program ensures that successful candidates demonstrate knowledge and understanding of middle grades philosophy and school organization. Candidates demonstrate:

(a) knowledge and understanding of the major concepts, principles, theories, and research underlying the philosophical foundations of developmentally responsive middle grades programs and schools and apply this knowledge and understanding to work skillfully within the middles grades organizational components;

(b) knowledge of the philosophical foundations of developmentally responsive middle grades programs and schools; and

(c) knowledge of the effective components of middle grades programs and apply this knowledge in order to function effectively within a variety of school organizational settings (e.g., grades K-8, 4-6, 6-8, 7-8).

(4) The program ensures that successful candidates demonstrate knowledge and understanding of middle grades curriculum, instruction, assessment, and learning. Candidates demonstrate:

(a) knowledge, understanding, and use of interdisciplinary connections to integrate subject matter contents that engage middle grades students' ideas, interests, concerns, and experiences;

(b) abilities to plan and implement instructional strategies for middle grades classrooms based on knowledge of individual students, learning theory, content, cross-curricular connections, curricular goals, and an understanding of community;

(c) understanding of how middle grades students differ in their development and approaches to learning, and apply this understanding to differentiate instruction to meet the learning needs of all young adolescents;

(d) knowledge of proven instructional strategies and use this knowledge to develop middle grades students' ability to use critical thinking, problem solving, and current and emerging technologies;

(e) knowledge and understanding of individual and group motivation and behavior among students at the middle grade level to foster active engagement in learning, self-motivation, and positive interaction, and to create supportive learning environments;

(f) knowledge and understanding of effective verbal, nonverbal, and media communication techniques in middle grades learning environments to foster active inquiry, collaboration, and supportive interaction in the middle grades classroom; and

(g) knowledge and understanding of formative and summative assessment strategies and use this knowledge and understanding to evaluate and ensure the continuous development of middle grades students.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.534 English as a Second Language (esl)

(1) The English as a Second Language (ESL) program requires that successful candidates:

(a) demonstrate understanding of language as a system, including phonology, morphology, syntax, pragmatics, and semantics;

(b) use the major language acquisition theories to develop a standards-based ESL curriculum which teaches language and literacy through academic content areas;

(c) apply knowledge of the functions and registers of language to develop and modify instructional materials, deliver instruction, and promote English learner (EL) students' academic English language proficiency;

(d) facilitate students' use of their first language as a resource to promote academic learning and further development of the second language;

(e) implement a repertoire of research and evidence-based strategies that promote students' critical thinking and problem solving at all stages of language development;

(f) demonstrate understanding of Montana's major language and cultural groups and how cultural histories and identities affect language learning and achievement;

(g) establish goals, design curricula and instruction, and facilitate student learning in a manner that builds on students' linguistic and cultural diversity, promotes respect for linguistic differences, and creates a culturally responsive classroom environment;

(h) demonstrate understanding of language proficiency assessment tools used for identification, placement, and reclassification of ELs;

(i) demonstrate the ability to use a combination of assessments that measure language proficiency and content knowledge respectively to determine how level of language proficiency may affect the demonstration of academic performance;

(j) demonstrate the ability to build partnerships with colleagues and studentsꞌ families, serve as community resources, and advocate for EL students;

(k) apply knowledge of historical, theoretical, and policy factors in EL education to the planning, implementation, evaluation, and improvement of instructional programs; and

(l) demonstrate successful completion of a two-year program, or the equivalent experience, in learning a second language.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2023 MAR p. 86, Eff. 7/1/23.

Subchapter 10.58.6 Curriculum Principles and Standards: Advanced Programs

Mont. Admin. R. 10.58.604 Advanced Programs

(1) Advanced-level preparation is provided through programs at the graduate level leading to licensure, certification, or endorsement. Advanced-level programs are designed to develop P-12 teachers who have already completed initial licensure, currently licensed administrators, and other licensed school professionals for employment in P-12 districts. Advanced programs reviewed include the following:

(a) programs for the preparation of school counselors and school psychologists, if the program is not currently accredited through another national approved accreditor; or

(b) educational leadership programs leading to the preparation of principals, curriculum directors, supervisors, and superintendents.

(2) Advanced-level programs not reviewed include the following:

(a) any advanced-level program not specific to the preparation of teachers or other school professionals for P-12 districts;

(b) any advanced-level non-licensure programs, including those specific to content areas, including, but not limited to, M.A., M.S., and Ph.D.; and

(c) educational leadership programs not specific to the preparation of teachers or other school professionals for P-12 districts.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.605 Advanced Content and Pedagogical Knowledge

(1) The provider ensures that advanced program candidates:

(a) develop understanding of the critical concepts and principles of their discipline and by completion are able to use discipline-specific practices to advance the learning of all students toward attainment of college and career readiness standards specific to their discipline;

(b) demonstrate an understanding of and are able to apply knowledge and skills specific to their discipline to effectively work with all P-12 students and their families;

(c) demonstrate their proficiencies to understand and apply knowledge and skills appropriate to their professional field of specialization so that learning and development opportunities for all P-12 students are enhanced by:

(i) utilizing data literacy;

(ii) using research and understanding of qualitative, quantitative, and mixed methods research methodologies;

(iii) employing data analysis and/or evidence to develop a supportive learning environment;

(iv) leading and participating in collaborative activities with others such as peers, colleagues, teachers, administrators, community organizations, and parents; and

(v) supporting appropriate applications of technology for their field of specialization; and

(vi) applying laws, policies, and professional standards appropriate to their field of specialization;

(d) have opportunities to learn and apply specialized content and discipline knowledge contained in approved state and/or national discipline-specific standards; and

(e) demonstrate skills and commitment to creating supportive environments that afford all P-12 students access to rigorous college and career ready standards.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.606 Advanced Clinical Partnerships and Practice

(1) The provider:

(a) ensures that effective partnerships and high-quality clinical practice are central to candidates' preparation to develop the knowledge, skills, and professional dispositions necessary to demonstrate positive impact on all P-12 studentsꞌ learning and development and appropriate for their professional specialty field;

(b) co-constructs mutually beneficial P-12 school and community arrangements for clinical preparation and share responsibility for continuous improvement of advanced program candidate preparation by:

(i) ensuring partnerships for clinical preparation follow a range of forms, participants, and functions;

(ii) establishing mutually agreeable expectations for advanced program candidate entry, preparation, and exit;

(iii) ensuring that theory and practice are linked by maintaining coherence across clinical and academic components of preparation;

(iv) sharing accountability for advanced program candidate outcomes; and

(v) to the extent possible, providing opportunities for advanced candidates to complete clinical experiences in the district and school of their choice, including through recruitment and retention programs adopted by school districts, in accordance with statewide agreements among providers;

(c) ensures that partners co-select, prepare, evaluate, and support high-quality clinical educators, both provider and school based, who demonstrate a positive impact on advanced program candidatesꞌ development and P-12 student learning and development; and

(d) works with partners to design and implement clinical experiences of sufficient depth, breadth, diversity, coherence, and duration to ensure that advanced program candidates demonstrate their developing effectiveness in creating environments that support all studentsꞌ learning and development. Clinical experiences are structured to have multiple performance-based assessments at key points within the program to demonstrate advanced program candidatesꞌ development of the knowledge, skills, and professional dispositions, as delineated in ARM 10.58.605, that are associated with creating a supportive school environment that results in a positive impact on the learning and development of all P-12 students.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.607 Advanced Candidate Quality, Recruitment, Progression, and Support

(1) The provider:

(a) demonstrates that the quality of advanced program candidates is an ongoing and intentional focus so that completers are prepared to perform effectively and can be recommended for certification where applicable;

(b) develops and implements plans and efforts to know and address local, state, regional, and national needs for hard-to-staff schools and shortage fields. The goals and evidence show progress toward a high-quality advanced candidate pool, which reflects the diversity of Montana's P-12 students;

(c) sets admissions requirements, including a minimum GPA of 3.0 of the average grade point average of its accepted cohort of candidates, and gathers data to monitor applicants and selected pool of candidates, and designs the selection to completion policy that includes multiple assessment measures to determine admission, continuation in, and completion of programs, using data points that are valid and reliable predictors of advanced candidate success and demonstrate that the standard for high academic achievement and ability is met through multiple evaluations and sources of evidence;

(d) monitors dispositions beyond academic ability that advanced program candidates must demonstrate at admissions and during the program using valid and reliable measures;

(e) creates criteria for program progression and uses data to monitor advanced candidates from admissions through completion. The provider ensures that knowledge of and progression through transition points are transparent to candidates. The provider documents the need for candidate support, so advanced candidates meet milestones; and

(f) implements a system for effectively maintaining records of advanced candidate formal complaints and resolution documentation.

(2) Ensuring that prior to recommending any advanced program candidate for program completion, the provider documents that the advanced program candidate:

(a) possesses academic competency to help facilitate learning with positive impacts on all P-12 student learning and development through application of content knowledge, data literacy and research-driven decision making, effective use of collaborative skills, and application of technology in the field(s) where certification is sought; and

(b) understands the expectations of the profession, including ethical conduct, professional standards of practice, and relevant laws and policies.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.608 Advanced Program Satisfaction with Preparation

(1) The provider:

(a) demonstrates, using valid and reliable data that employers are satisfied with the advanced program completersꞌ preparation for their responsibilities working with P-12 students and their families; and

(b) demonstrates, using valid and reliable data, that advanced program completers perceive their preparation as relevant to the responsibilities they encounter on the job, and that the preparation was effective.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.609 Advanced Provider Quality Assurance and Continuous Improvement

(1) The provider:

(a) develops a quality assurance system that consists of valid and reliable data from multiple measures that documents the advanced program's operational effectiveness and supports continuous improvement that is sustained and evidence-based. The provider uses the results of inquiry and data collection to establish priorities, enhance advanced program elements and capacity, and highlight innovations;

(b) implements and maintains a quality assurance system comprised of multiple measures that can monitor advanced program candidate progress and provider operational effectiveness. The provider documents the process of data entry and how data are reported and used in decision making to make advanced programmatic improvement;

(c) ensures that the quality assurance system relies on relevant, verifiable, representative, cumulative, and actionable measures to ensure interpretations of data are valid and consistent;

(d) regularly and systematically assesses advanced program performance against its goals and relevant standards, monitors results over time, tests innovations, and uses results to improve program elements and processes;

(e) ensures that data from the quality assurance system are based on established best practices, summarized, analyzed, shared widely, and acted upon in decision making related to advanced programs, resource allocation, and future direction; and

(f) assures that internal and external stakeholders, including, but not limited to, faculty, staff, candidates, completers, employers, practitioners, and school and community partners are engaged in advanced program design, evaluation, and continuous innovative improvement processes.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.610 School Counseling K-12

(1) The program requires that successful candidates:

(a) demonstrate knowledge of school counseling program models, the history, development, trends, philosophy, leadership, advocacy, qualities and styles of effective leadership in schools, and professional activities related to the practice of professional school counseling K-12;

(b) demonstrate understanding of models of school-based collaboration and consultation, as well as competence in developing relationships with community resources such as public, private, medical, employment, and educational agencies for referral and collaborative service delivery to promote student success;

(c) demonstrate competence in the use of theories of individual and family development and transitions across the life span, theories of learning and personality development, and human behavior including developmental crises, exceptionality, addictive behavior, psychopathology, and environmental factors that affect both normal and abnormal behavior;

(d) demonstrate knowledge of educational philosophies, curriculum development, school organization, and management to facilitate student success in the areas of academic, career, and personal/social development, as well as the school counselorꞌs role in student support and school leadership teams;

(e) demonstrate knowledge of the role in school counseling of ethnic and cultural heritage, including American Indians and tribes in Montana, nationality, socioeconomic status, family structure, age, gender, sexual orientation, religious and spiritual beliefs, occupation, physical and mental status;

(f) demonstrate competence in the coordination of school counseling program components and understand how they are integrated within the school community in collaboration with the efforts of other educators and agencies, as well as the roles of leaders, advocates, and systems change agents in schools;

(g) demonstrate competence in elementary, middle, and high school counseling in:

(i) planning, designing, implementing, and evaluating a comprehensive and developmental school counseling program that includes mission statements and objectives;

(ii) appraising and interpreting interviews, observations, and formal assessments including, but not limited to, aptitude, interest, achievement, and personality tests and other assessments relevant to K-12 education;

(iii) promoting student success using strategies and interventions that address academic development, career counseling, school and life transitions, promotion and graduation rates, college and career readiness, gaps in student achievement, as well as skills to critically examine the connections between social, familial, emotional, and behavioral issues and academic achievement;

(iv) utilizing a variety of developmentally appropriate intervention strategies in individual, family, and group contexts such as personal/social counseling, parent conferences, teaching curriculum lessons using lesson planning and classroom management strategies, training and overseeing peer intervention programs, and other strategies that foster collaboration and teamwork in schools;

(v) consulting with family members, school personnel, community agencies, and other professionals regarding assessment and intervention to enhance the physical, academic, psychological, cognitive, and social development of all students;

(vi) utilizing prevention and intervention programs that address issues such as drugs and alcohol, wellness, conflict/anger/violence management, eating disorders, child abuse and neglect, teenage pregnancy, family relations, childhood depression and suicide, school drop-outs, grief/separation/loss issues, and programs related to emergency management plans, crises, disasters, and other trauma-causing events;

(vii) managing school counseling programs by using accountability data to inform decision making to advocate for students and programs, analyzing, and presenting educational research, performance, and evaluation data including, but not limited to, standardized test scores, grades, retention, and placement that advocate for students and programs;

(viii) demonstrating new knowledge and skills, and refining existing skills through professional renewal including, but not limited to, self-reflection, continuing education, and professional development;

(ix) demonstrating knowledge of special education laws, rules, and regulations and competence in the knowledge of developmental and educational issues of exceptional students and their families;

(x) demonstrating knowledge of the characteristics, risk factors, and warning signs of students at risk for mental health and behavioral disorders including the signs and symptoms of substance abuse in children and adolescents as well as the signs and symptoms of living in a home where substance use occurs;

(xi) demonstrating knowledge of common medications that affect learning, behavior, and mood in children and adolescents; and

(xii) demonstrating knowledge of professional organizations, preparation standards, and credentials that are relevant to the practice of school counseling;

(h) demonstrate knowledge of, and apply the laws (state and federal), policies, and legislation that affect student placement, follow-up and program planning, as well as the ethical issues related to the school counseling field; and

(i) demonstrate knowledge of the American School Counselor Association national standards related to mindsets and behaviors for student success (academic, career, and personal/social developmental domains) and demonstrate competence integrating these national standards throughout the school counseling program.

(2) The candidate will successfully complete a supervised counseling practicum and internship experience, which includes observation and practice of counseling and other professional skills related to professional school counseling. The counseling practicum and internship experience shall include the following requirements:

(a) a practicum with a minimum of 100 hours, which includes 40 hours of supervised direct service to K-12 students providing individual counseling and group work;

(b) a practicum supervised by a program faculty member or a supervisor under the supervision of a program faculty member, a minimum of one hour per week in an individual supervision session and one and one-half hours per week in a group supervision session;

(c) an internship that begins after the successful completion of a counseling practicum and a minimum of 600 hours in a school setting;

(d) an internship of 240 hours of supervised direct service to K-12 students performing a variety of school counseling activities related to a school counseling program that may include designing and implementing developmentally appropriate classroom lessons, individual student planning (assisting students in the development of educational, career, and personal plans), responsive services (groups, individual counseling, and crisis response), indirect student services (referrals, consultation, and collaboration), and program planning and school support;

(e) an internship that is supervised at a minimum of one hour per week in an individual supervision session (provided by a site supervisor) and one and one-half hours per week in a group supervision session (provided by a program faculty member);

(f) regular and adjunct program faculty who provide individual or group practicum and/or internship supervision have a doctoral degree and/or appropriate clinical preparation from an accredited school counselor education program, relevant professional experience and demonstrated competence in counseling, and relevant training and supervision experience; and

(g) site supervisors who have a minimum of a masterꞌs degree in counseling or a related profession with equivalent qualifications, including appropriate certification or licensure, a minimum of two years of experience as a school counselor, and knowledge of the program's expectations, requirements, and evaluation procedures for trainees.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD & TRANS, from 10.58.512, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Subchapter 10.58.7 Specializations: Supervisory and Administrative Programs

Mont. Admin. R. 10.58.705 School Principals, Supervisors, and Curriculum Directors

(1) The program requires that a candidate who completes a school principal, supervisor, and curriculum director educational leadership preparation program understands and demonstrates the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to:

(a) collaboratively lead, design, and implement a school mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, supports for each student's learning needs, diversity, digital citizenship, and community. Successful candidates understand and demonstrate the capacity to:

(i) collaboratively evaluate, develop, and communicate a school mission and vision designed to reflect the core set of values and priorities, and have knowledge of:

(A) research on the role and importance of school mission and vision;

(B) processes for collaboratively developing a mission and vision;

(D) the characteristics of well-written mission and vision statements;

(ii) lead improvement processes that include data use, design, implementation, and evaluation, and have knowledge of:

(A) research on school improvement;

(B) formal processes of iterative, evidence-informed improvement;

(D) implementation theory and research;

(b) understand and demonstrate the capacity to advocate for ethical decisions and cultivate and enact professional norms. Successful candidates understand and demonstrate the capacity to:

(i) reflect on, communicate about, cultivate, and model professional dispositions and norms, including fairness, integrity, transparency, trust, digital citizenship, collaboration, perseverance, reflection, and lifelong learning, that support the educational success and well-being of each student and adult, and have knowledge of:

(A) professional norms, including integrity, competency, fairness, transparency, trust, supports for each student's learning needs, democracy, digital citizenship, diversity, inclusiveness, and the belief that each child can learn, which support student success and well-being;

(B) practices that reflect professional norms;

(D) reflective practice;

(ii) evaluate, communicate about, and advocate for ethical and legal decisions, and have knowledge of research on decision making; decision-making processes; and guidelines for ethical and legal decision making; and

(iii) model ethical behavior in their personal conduct and relationships and to cultivate ethical behavior in others, and have knowledge of ethical practice and approaches to cultivating ethical behavior in others;

(c) develop and maintain a supportive, equitable, culturally responsive, and inclusive school culture. Successful candidates understand and demonstrate the capacity to:

(i) use data to evaluate, design, cultivate, and advocate for a supportive and inclusive school culture, and have knowledge of:

(A) dimensions of positive school culture (e.g., safe, healthy, caring, responsive, inclusive, and respectful);

(B) research on inclusive school culture;

(D) processes for effecting changes to school culture; and

(E) engaging in advocacy for all students, including American Indians and tribes of Montana;

(ii) evaluate, cultivate, and advocate for equitable access to educational resources, technologies, and opportunities that support the educational success and well-being of each student, and have knowledge of:

(A) research on the importance to student success of equitable use of educational resources and opportunities;

(B) equitable allocation of educational resources, procedures, and opportunities (e.g., materials, technologies, media, teachers, social and behavioral supports, interventions, and adult relationships); and

(C) broader social, cultural, and political context for the equitable access to and use of educational resources, procedures, and opportunities to develop the full educational potential and well-being of each person through our public schools;

(iii) evaluate, cultivate, and advocate for equitable, inclusive, and culturally responsive instruction and behavioral support practices among teachers and staff, and have knowledge of:

(A) leadership strategies related to Montana Indian Education for All, including the Essential Understandings Regarding Montana Indians;

(B) culturally responsive instructional and behavior support practices that recognize the distinct and unique cultural heritage of the American Indians and tribes in Montana;

(D) research on implications for students of equitable, culturally responsive, and inclusive practices; and

(E) broader social, cultural, and political context and concerns, including those unique to American Indians and tribes of Montana;

(d) evaluate, develop, and implement coherent systems of curriculum, instruction, data systems, supports, and assessment. Successful candidates understand and demonstrate the capacity to:

(i) evaluate, develop, and implement high-quality, technologically rich curricula, programs, and other supports for academic and non-academic student programs, and have knowledge of:

(A) research on the leadership of academic and non-academic programs;

(B) approaches to coordinating curricula, instructional technologies, and other supports with academic and non-academic systems;

(D) infrastructures for the ongoing support of academic and non-academic programs;

(ii) evaluate, develop, and implement high-quality and equitable academic and non-academic instructional practices, resources, technologies, and services that support student learning, digital literacy, and the school's academic and non-academic systems, and have knowledge of:

(A) evidence-based instructional practices for different student populations, including American Indians and tribes of Montana;

(B) curricula, educational technologies, and other educational resources that support digital literacy among students and adults;

(D) approaches to coordinating resources and services in support of the school's academic and non-academic services;

(iii) evaluate, develop, and implement formal and informal culturally responsive and accessible assessments that support data-informed instructional improvement and student learning and well-being, and have knowledge of:

(A) research on effective assessment of student learning and well-being;

(B) research on assessment practices that are culturally responsive and accessible for each student;

(D) approaches to coordinating among assessments, instructional improvement, and educational service delivery;

(iv) collaboratively evaluate, develop, and implement the school's curriculum, instruction, technology, data systems, and assessment practices in a coherent, equitable, and systematic manner, and have knowledge of:

(A) appropriate and ethical use of data to monitor and continuously improve the school's curriculum, instruction technology, and assessment practices;

(B) research on the coordination of academic and non-academic services and its impact on student learning and well-being;

(D) approaches and strategies for supporting faculty collaboration;

(e) engage families, community, and school personnel in order to strengthen student learning, support school improvement, and advocate for the needs of their school and community. Successful candidates understand and demonstrate the capacity to:

(i) collaboratively engage diverse families in strengthening student learning in and out of school, and have knowledge of:

(A) research on the role of families in supporting student learning in and out of school;

(B) research on student and family diversity; and

(C) strategies for understanding and cultivating relationships with families and engaging them in their children's education;

(ii) collaboratively engage and cultivate relationships with diverse community members, partners, and other constituencies for the benefit of school improvement and student development, and have knowledge of:

(A) school organizational cultures that promote community engagement, including American Indians and tribes of Montana;

(B) research on how community members, partners, and other constituencies can support school improvement and student success;

(D) practices for accessing and integrating external resources into the school;

(iii) communicate through oral, written, and digital means with the larger organizational, community, and political context when advocating for the needs of their school and community, and have knowledge of:

(A) research on the importance and implications of social, cultural, economic, legal, and political contexts;

(B) strategies for effective oral, written, and digital communication with members of the organization, community, and policy communities; and

(f) improve management, communication, technology, school-level governance, and operation systems to develop and improve data-informed and equitable school resource plans and to apply laws, policies, and regulations. Successful candidates understand and demonstrate the capacity to:

(i) evaluate, develop, and implement systems that support each student's learning needs and promote the mission and vision of the school, and have knowledge of:

(A) research on school management, operations, use of technologies, communication, and governance systems;

(B) principles of systems management and continuous improvement;

(C) management theories on the effective use of school resources and structures (e.g., school time and schedules) to achieve equitable outcomes for diverse student populations;

(D) processes for developing and implementing management, communication, technology, school-level governance, and operation systems; and

(E) use of technology to enhance learning and program management;

(ii) evaluate, develop, and advocate for a data-informed and equitable resourcing plan that supports school improvement and student development, and have knowledge of:

(A) school-based budgeting;

(B) strategies for acquiring resources;

(C) processes for gathering, synthesizing, and evaluating data to develop and implement management, communication, school-level governance, and operation systems;

(D) strategies for aligning and allocating resources according to school priorities and student needs;

(E) methods and procedures for managing school resources; and

(F) Montana school finance;

(iii) reflectively evaluate, communicate about, and implement laws, rights, policies, and regulations to promote student and adult success and well-being, and have knowledge of:

(A) laws, rights, policies, and regulations enacted by state, local, and federal authorities that affect schools, students, and adults, including Montana school law and special education law;

(B) implications of laws, rights, policies, and regulations for diverse student populations, subgroups, and communities, including tribal laws and regulations;

(D) the role of collective bargaining agreements;

(g) build the school's professional capacity, engage staff in the development of a collaborative professional culture, and improve systems of staff supervision, evaluation, support, and professional learning. Successful candidates understand and demonstrate the capacity to:

(i) collaboratively develop the school's professional capacity through engagement in recruiting, selecting, and hiring staff, and have knowledge of:

(A) research on teacher recruitment, hiring, and selection;

(B) best practices for recruiting, selecting, and hiring school staff; and

(ii) develop and engage staff in a collaborative professional culture designed to promote school improvement, teacher retention, and the success and well-being of each student and adult in the school, and have knowledge of:

(A) research-based strategies for developing a collaborative professional culture designed to support improvement, retention, learning, and well-being;

(B) effective communication; and

(iii) personally engage in, as well as collaboratively engage school staff in, professional learning designed to promote reflection, cultural responsiveness, distributed leadership, digital literacy, school improvement, and student success, and have knowledge of:

(A) research on teacher professional learning;

(B) practices for supporting and developing school staff;

(D) providing professional learning that promotes reflection, cultural responsiveness, digital literacy, school improvement, and student success; and

(E) how to use digital technology in ethical and appropriate ways to foster professional learning for self and others;

(iv) evaluate, develop, and implement systems of supervision, support, and evaluation designed to promote school improvement and student success, and have knowledge of:

(A) research-based strategies for personnel supervision and evaluation;

(B) importance of, and the ability to access, specific personnel evaluation procedures for a given context;

(D) the role of collective bargaining agreements in the supervision process.

(2) The program requires successful candidates to participate in clinical/field experiences, which may be completed for graduate credit, that provide at least 216 hours of significant opportunities to synthesize and apply the knowledge and practice and develop the skills identified in this rule through substantial, sustained, standards-based work in real settings, planned and guided cooperatively by the institution and properly endorsed school administrators.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-1-501, 20-2-121, MCA
History: NEW, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.706 Superintendents

(1) The program requires that a candidate who completes a superintendent educational leadership preparation program understands and demonstrates the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to:

(a) collaboratively design, communicate, and evaluate a district mission and vision that reflects a core set of values and priorities that include data use, technology, support for each student's learning needs, diversity, digital citizenship, and community. Successful candidates understand and demonstrate the capacity to:

(i) collaboratively evaluate, develop, and communicate a district mission and vision designed to reflect the core set of values and priorities, and have knowledge of:

(A) research on the role and importance of district mission and vision;

(B) processes for collaboratively developing a mission and vision;

(D) the characteristics of well-written mission and vision statements;

(ii) lead district strategic planning and continuous improvement processes that engage diverse stakeholders in data collection, diagnosis, design, implementation, and evaluation, and have knowledge of:

(A) research on district improvement;

(B) formal processes of system-wide, iterative, evidence-informed improvement;

(D) data collection, diagnosis, and use; and

(E) implementation theory and research;

(b) advocate for ethical decisions and cultivate professional norms and culture. Successful candidates understand and demonstrate the capacity to:

(i) reflect on, communicate about, and cultivate professional dispositions and norms, including support for each student's learning needs, fairness, integrity, transparency, trust, collaboration, perseverance, reflection, lifelong learning, and digital citizenship, and professional district and school cultures, and have knowledge of:

(A) professional norms, including integrity, fairness, transparency, trust, support for each student's learning needs, democracy, digital citizenship, diversity, inclusiveness, and the belief that each child can learn, that promote a productive, equitable, and effective district;

(B) approaches to cultivating professional norms in others;

(D) reflective practice;

(ii) evaluate, and advocate for ethical and legal decisions, and have knowledge of:

(A) research on and practices for decision making;

(B) knowledge of law and ethics, including special education law, Montana school law, and Montana collective bargaining and employment law; and

(iii) model ethical behavior in their personal conduct and relationships and to cultivate ethical behavior in others and have knowledge of ethical practice and approaches to cultivating ethical behavior in others;

(c) develop and maintain a supportive, equitable, culturally responsive, and inclusive district culture. Successful candidates understand and demonstrate the capacity to:

(i) evaluate, cultivate, and advocate for a supportive and inclusive district culture, and have knowledge of:

(A) research on inclusive district cultures;

(B) dimensions of positive and inclusive district culture (e.g., fair, safe, healthy, caring, responsive, inclusive, and respectful);

(D) processes for fostering cultural change; and

(E) strategies for advocacy for all students, including American Indians and tribes of Montana.

(ii) evaluate, cultivate, and advocate for equitable access to safe and nurturing schools and the opportunities and resources, including instructional materials, technologies, classrooms, teachers, interventions, and adult relationships, necessary to support the success and well-being of each student, and demonstrate knowledge of:

(A) research on the importance to student success of equitable use of educational resources and opportunities;

(B) equitable allocation of educational opportunities and resources, including instructional materials, technologies, classrooms, teachers, interventions, and adult relationships; and

(C) broader social, cultural, and political context for equitable access to and use of educational resources and opportunities;

(iii) evaluate, advocate, and cultivate equitable, inclusive, and culturally responsive instructional and behavior support practices among teachers and staff, and have knowledge of:

(A) leadership strategies related to Montana Indian Education for All including the Essential Understandings Regarding Montana Indians;

(B) culturally responsive instructional and behavior support practices, with special consideration for American Indians and tribes of Montana;

(D) research on implications for students of equitable, culturally responsive, and inclusive practice; and

(E) broader social, cultural, and political concerns with strategies to support students' learning needs in district schools, including those unique to American Indians and tribes of Montana;

(d) evaluate, design, cultivate, and implement coherent systems of curriculum, instruction, data systems, supports, assessment, and instructional leadership. Successful candidates understand and demonstrate the capacity to:

(i) evaluate, design and implement high-quality curricula, the use of technology, and other services and supports for academic and non-academic student programs, and have knowledge of:

(A) research on the leadership of academic and non-academic programs;

(B) research-based curricula, technologies, and other supports for academic and non-academic programs;

(C) approaches to coordinating among curricula, the use of technology, and academic and non-academic systems of support; and

(D) infrastructures for the ongoing support of academic and non-academic programs;

(ii) collaboratively evaluate, design, and cultivate systems of support, coaching, and professional development for educators, educational professionals, and school and district leaders, including themselves, that promote reflection, digital literacy, distributed leadership, data literacy, improvement, and student success, and have knowledge of:

(A) research on instructional leadership at the school and district level;

(B) research-based approaches on using data to design, implement, and evaluate professional development for teachers and other educational professionals that promotes reflection, digital literacy, distributed leadership, data literacy, school improvement, and student success;

(C) research-based approaches to leadership development focused on improving instructional practice (e.g., leadership evaluation, coaching, development of professional learning communities); and

(D) approaches and strategies for supporting district and school collaboration;

(iii) design, implement, and evaluate a developmentally appropriate, accessible, and culturally responsive system of assessments and data collection, management, and analysis that support instructional improvement, student learning and well-being, and instructional leadership, and have knowledge of:

(A) research, theory, and best practice regarding effective and ineffective assessments of academic and non-academic factors;

(B) research on assessment practices that are culturally responsive and accessible; and

(C) research and best practices regarding systems for collecting, analyzing, managing, and utilizing assessment results and other sources of data;

(iv) design, implement, and evaluate district-wide use of coherent systems of curriculum, instruction, assessment, student services, technology, and instructional resources that support the needs of each student in the district, and have knowledge of:

(A) research on the coordination within and among academic and non-academic services and its impact on student learning and well-being;

(B) appropriate and ethical use of data to monitor and continuously improve the district's curriculum, instruction, and assessment practices; and

(C) approaches and strategies for developing and implementing coherent and equitable systems of curriculum, instruction, assessment, student services, technology, and instructional resources;

(e) understand and engage families, communities, and other constituents in the work of schools and the district and to advocate for district, student, and community needs. Successful candidates:

(i) understand and demonstrate the capacity to represent and support district schools in engaging diverse families in strengthening student learning in and out of school, and have knowledge of:

(A) research on the role of families in supporting student learning in and out of school; and

(B) strategies for supporting schools in cultivating relationships with and engaging families in strengthening student learning in and out of school, with special consideration of American Indians and tribes of Montana;

(ii) engage, and effectively collaborate and communicate with, through oral, written, and digital means, diverse families, community members, partners, and other constituencies to benefit learners, schools, and the district as a whole, and have knowledge of:

(A) research on student, family, and community diversity;

(B) research on how community members, partners, and other constituencies effectively engage in and support district and school improvement and student success;

(D) strategies for understanding and engaging district constituents, including American Indians and tribes of Montana; and

(E) governance and decision-making processes that support family-school communications and engagement;

(iii) communicate through oral, written, and digital means within the larger organizational, community, and political contexts and cultivate relationships with members of the business, civic, and policy community in support of their advocacy for district, school, student, and community needs, and have knowledge of:

(A) research on the importance and implications of social, cultural, economic, legal, and political contexts;

(B) strategies for effective oral, written, and digital communication with members of the business, civic, and policy community;

(D) public relations; and

(E) educational advocacy for all students, including American Indians and tribes of Montana;

(f) develop, monitor, evaluate, and manage data-informed and equitable district systems for operations, resources, technology, and human capital management. Successful candidates:

(i) understand and demonstrate the capacity to develop, communicate, implement, and evaluate data-informed and equitable management, communication, technology, governance, and operation systems at the district level to support schools in realizing the district's mission and vision, and have knowledge of:

(A) research, theories, and best practices concerning continuous improvement and the use of data to achieve equitable outcomes for diverse student populations;

(B) research, theories, and best practices concerning the management of operations, technology, communications, and governance systems;

(C) methods for analyzing the design and effectiveness of management, communication, technology, district-level governance, and operation systems in supporting learning for all students; and

(D) use of technology to enhance learning and the management of systems;

(ii) develop, communicate, implement, and evaluate a data-based district resourcing plan and support schools in developing their school-level resourcing plans, and have knowledge of:

(A) school and district-based budgeting;

(B) processes for gathering, synthesizing, and evaluating data to develop resourcing plans;

(C) research and best practices for allocating district- and school-level resources to support student learning and excellence;

(D) methods for accessing and integrating external resources into the district and schools; and

(E) Montana school finance;

(iii) develop, implement, and evaluate coordinated, data-informed systems for hiring, retaining, supervising, and developing school and district staff to support the district's collective instructional and leadership capacity, and have knowledge of:

(A) research-based practices for recruiting, hiring, supporting, supervising, developing, and retaining school and district staff;

(B) strategies for engaging school and district staff in the recruitment and selection process;

(D) research on and strategies for developing a collaborative professional culture designed to support improvement, retention, learning, and well-being; and

(E) strategies for cultivating leadership among school and district staff;

(g) cultivate relationships, lead collaborative decision making and governance, and represent and advocate for district needs in broader policy conversations. Successful candidates understand and demonstrate the capacity to:

(i) represent the district, advocate for district needs, and cultivate a respectful and responsive relationship with the district's board of trustees focused on achieving the district's shared mission and vision, and have knowledge of:

(A) research and best practice focused on school board governance and relations;

(B) management theory;

(D) negotiation strategies; and

(E) Montana collective bargaining and employment law;

(ii) design, implement, cultivate, and evaluate effective and collaborative systems for district governance that engage multiple and diverse stakeholder groups, including school and district personnel, families, community stakeholders, and board members, and have knowledge of:

(A) research and best practice concerning effective systems for district governance;

(B) processes for engaging multiple and diverse community stakeholders; and

(iii) evaluate and engage in decision making around the implementation and communication of district, state, tribal, and national policy, laws, rules, and regulations, and have knowledge of:

(A) educational policy, laws, rules, and regulations, including tribal governance of education, Montana school law, Individuals with Disabilities Education Act (IDEA), and Americans with Disabilities Act (ADA);

(B) educational policy systems, formulation, adoption, and actors;

(C) strategies for accessing information about policy; local, state, tribal, and federal contexts; and the policy implications for various contexts;

(D) strategies for collaborating with and/or influencing local, state, and federal policy and policy leaders; and

(E) the role of the collective bargaining agreement;

(iv) understand the implications of larger cultural, social, economic, legal, and political interests, changes, and expectations and demonstrate the capacity to evaluate and represent district needs and priorities within larger policy conversations and advocate for district needs and priorities at the local, state, and national level, and have knowledge of:

(A) the use of evidence to evaluate district needs and priorities vis-à-vis education policy conversations and emerging challenges;

(B) how to best represent district priorities and needs at the local, state, and national level; and

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Mont. Admin. R. 10.58.707 School Psychologists

(1) The program requires that successful candidates:

(a) demonstrate an understanding of the integrated and comprehensive training philosophy/mission, goals, objectives, program of study, and supervised practice;

(b) demonstrate knowledge of these domains in the field of school psychology by:

(i) applying data-based decision making and accountability through varied models and methods of assessment and data collection for identifying strengths and needs; developing effective interventions, services, and programs, and measuring progress and outcomes within a multi-tiered system of supports;

(ii) using a problem-solving framework as the basis for all professional activities;

(iii) collecting data systematically from multiple sources as a foundation for decision making at the individual, group, and system levels, and considering ecological factors including, but not limited, to classroom, family, and community characteristics as a context for assessment and intervention;

(iv) applying varied models and strategies of consultation, collaboration, and communication applicable to individuals, families, groups, and systems, and methods to promote effective implementation of services;

(v) applying effective interventions and instructional support to develop academic skills through a thorough understanding of biological, cultural, and social influences on academic skills, human learning, cognitive, and developmental processes, and evidence-based curricula and instructional strategies;

(vi) applying interventions, as well as mental and behavioral health services to develop social and life skills to promote understanding of biological, cultural, developmental, and social influences on behavior and mental health, behavioral and emotional impacts on learning and life skills, and evidence-based strategies;

(vii) understanding individual differences, abilities, disabilities, and other individual student characteristics, principles, and research related to diversity factors for children, families, and schools, factors related to culture, including American Indians and tribes in Montana, context, and individual and role difference; evidence-based strategies and adaptive skills to enhance services and address potential influences related to diversity in development, learning, and behavioral health;

(viii) applying evidence-based schoolwide practices, implementation science, systems' structures, organization and theory, policy development, and climate to promote learning, positive behavior, and mental health;

(ix) applying principles and research related to well-being, resilience, and risk factors in learning and mental and behavioral health, supporting services in schools and communities, multi-tiered prevention, and evidence-based strategies to respond to crises and to create and maintain safe, effective, and supportive learning environments for students and school staff;

(x) applying principles and research related to family systems, strengths, needs, and culture; evidence-based strategies to support family influences on childrenêžŒs learning and mental health; and strategies to develop collaboration between families and schools;

(xi) applying evidence-based strategies to enhance services in both general and special education and to address potential influences by providing professional services that promote effective functioning for individuals, families, and schools;

(xii) applying research, design, statistics, measurement, varied data collection and analysis techniques, and program evaluation sufficient for understanding research and interpreting data in applied settings;

(xiii) applying the history and foundations of school psychology; multiple service models and methods; ethical, legal, and professional standards; and other factors related to professional identity of school psychologists' legal, ethical, and professional practice; and

(xiv) integrating information technology into school psychologist practice and utilizing various techniques and technology resources for data collection, measurement, and analysis to support effective practices at the individual, group, and system levels.

(2) The provider shall ensure candidates complete supervised and sequenced practica experiences that:

(a) are distinct from and occur prior to the internship;

(b) occur at scheduled time(s), are of sufficient length, and are in settings appropriate and relevant to the specific training program objectives and student competency development;

(c) have a direct and obvious relationship to the objectives for which the practica are intended; are designed collaboratively between the school psychology program and placement agencies; demonstrate a commitment to candidate learning; are consistent with program goals; and ensure the development of professional competencies;

(d) occur under conditions of supervision appropriate to the specific training objectives of the program;

(e) provide appropriate recognition through the awarding of academic credit;

(f) occur with university involvement appropriate to the specific training objectives of the program and have program oversight to ensure appropriate placement, and diverse activities to address national practice model and program objectives, adequate supervision, and collaboration between the practicum site and practicum site supervisors;

(g) are systematically evaluated in a manner consistent with the specific training objectives of the program and use performance-based evaluations that are systematic and designed to ensure that candidates demonstrate professional work characteristics and competencies; and

(h) are conducted in accordance with current legal-ethical standards for the profession.

(3) The comprehensive internship is the culminating experience in school psychology graduate preparation. The successful school psychologist candidates:

(a) demonstrate, under supervision, their ability to integrate knowledge and skills in providing a broad range of school psychological services and the internship experience:

(i) is provided at or near the end of the formal training period;

(ii) is designed according to a written plan that provides the student opportunities to gain experience in the delivery of a broad range of school psychological services;

(iii) occurs in a setting appropriate to the specific training objectives of the program;

(iv) is provided appropriate recognition through the awarding of academic credit;

(v) occurs under conditions of appropriate supervision (field-based internship supervisors shall hold a valid credential as a school psychologist for that portion of the internship that is in a school setting, and the portion of the internship, which appropriately may be in a nonschool setting, requires supervision by an appropriately credentialed psychologist);

(vi) is supervised (field-based internship supervisors are responsible for no more than two interns at any given time, and university internship supervisors are responsible for no more than 12 interns at any given time);

(vii) is based on a positive working relationship and represents a collaborative effort between the university program and field-based supervisors to provide an effective learning experience for the student and university internship supervisors provide at least one on-site contact per semester with each intern and supervisor;

(viii) is a provision for participation in continuing professional development activities;

(ix) is systematically evaluated for quality in a manner consistent with the specific training objectives of the program;

(x) is conducted in a manner consistent with the current legal-ethical standards of the profession;

(xi) occurs on a full-time basis over a period of one academic year, or on a half-time basis over a period of two consecutive academic years, and at least 600 hours of the internship are completed in a school setting;

(xii) is a diversified learning experience that includes a variety of professional roles and functions for the intern to attain professional competencies through carefully supervised activities;

(xiii) addresses all National Association of School Psychologists (NASP) domains of practice;

(xiv) has a written agreement that specifies the term of appointment terms of compensation;

(xv) supports services for the intern commensurate as to what is provided the agency's school psychologist;

(xvi) provides access to continuing educational activities;

(xvii) has appropriately and regularly scheduled supervision; and

(xviii) is provided appropriate recognition through the awarding of academic credit;

(b) accept an internship placement that provides appropriate support for the internship experience including:

(i) a written agreement specifying the period of appointment and any terms of compensation;

(ii) a schedule of appointments, expense reimbursement, a safe and secure work environment, adequate office space, and support services consistent with that afforded agency school psychologists;

(iii) provision for participation in continuing professional development activities;

(iv) release time for internship supervision; and

(v) a commitment to the internship as a diversified training experience.

(4) The provider ensures that a school psychology program employs systematic, comprehensive assessment of candidate knowledge, skills, and professional work characteristics needed for effective practice as early-practitioner, independent school psychologists. A key aspect of program accountability is the assessment of candidate ability to provide, and evaluate the impact of, direct and indirect services to children and youth, families, and schools. Faculty must be involved in the evaluation of candidate skill application including, but not limited to, products such as individual, group, or system-wide case studies, program evaluations, and psychoeducational evaluations, and use assessment results to evaluate and improve the program. The provider ensures that school psychology graduate programs:

(a) establish and maintain an accountability program that employs a variety of methods to assess the candidate knowledge, skills, and professional work characteristics consistent with the national practice model, including results on licensing exams, course-embedded methods, practicum and capabilities of school psychology candidates intern evaluations, and performance-based products that include assessment of the impact that interns and graduates have on services to children, youth, families, and other consumers;

(b) incorporate different sources of process and performance information including, but not limited to, instructional evaluation, performance portfolios, field supervisor evaluations, systematic valid procedures are used to evaluate and improve the quality of the program, candidate/graduate performance on licensing/certification examinations, and alumni follow-ups, as appropriate, to evaluate and improve components of the program. The assessment of practicum outcomes must include a formal evaluation process of all candidates conducted by field supervisors and/or program faculty. The assessment is expected to focus on specific competencies and professional work characteristics and be based on observations or other evaluation methods. The evaluation criteria or benchmark is expected to be relevant to the professional developmental stage of the candidate at the particular level of the practica;

(c) apply specific published criteria, both objective and qualitative, for the assessment and admission of candidates to the program at each level and for candidate retention and progression in the program. The internship outcomes include formative and summative performance-based evaluations completed by faculty and field-based supervisors that are systematic, address the academic and professional competencies, and ensure that interns attain the competencies, as well as demonstrate the professional work characteristics needed for effective practice as an early-career, independent school psychologist;

(d) employ a systematic process that ensures that all students possess the knowledge and professional expertise to collaborate with families and school and community based professionals in designing, implementing, and evaluating interventions that effectively respond to the educational and mental health needs of children and youth where the candidate must:

(i) demonstrate evidence of the ability to provide and evaluate the impact of direct and indirect intervention-based services for children and youth, families, and schools; and

(ii) provide evidence of services in the form of two performance-based products, one of which can be completed during practica and one product must have a primary focus on academic/cognitive skills and another with a primary focus on mental and behavioral health. Faculty must evaluate candidates' products;

(e) utilize systematic procedures to evaluate and improve the quality of the program. Different sources of process and performance information including, but not limited to, instructional evaluation, performance portfolios, field supervisor evaluations, and candidate/graduate performance on licensing/certification examinations are used, as appropriate, to evaluate and improve the program;

(f) is comprehensive, sequential, and experiential, and it fosters the number of development credit hours acquired for candidates' professional identity as school psychologists, as reflected in the following:

(i) clear identification as a "school psychology program" and communication of a program framework or model, in which its philosophy/mission is represented in explicit goals and objectives for school psychology competencies that candidates are expected to attain;

(ii) an integrated, sequential program of study and supervised field experiences that are based on the program's philosophy/mission, goals, and objectives and are consistent across candidates;

(iii) full-time, part-time, or alternative types of enrollment that provide multiple and systematic opportunities through courses, seminars, coursework, supervised practices, and other comprehensive program activities for candidates to develop and encourage an affiliation with peers, faculty, and the profession;

(iv) multiple instructional delivery methods including, but not limited to, online, face to face, or hybrid may be utilized, the program documents that it provides supervision and evaluates candidate learning outcomes relevant to particular courses and field experiences not open exclusively to graduate students in a systematic manner;

(v) use of a systematic process to ensure that candidates demonstrate the student's knowledge and skills needed for effective school psychology service delivery; the ability to integrate competencies across NASP domains of school psychology practice; and direct, measurable effects on children and youth, families, schools, and other consumers; and

(vi) use of data from multiple measures, including performance-based evaluation regarding candidates and program; graduates (including, but not limited to, employment, licensure/certification, satisfaction) to improve the quality of the program;

(g) exclude credit requirements for undergraduate study, study that is remedial, or study which is designed to remove deficiencies in meeting requirements for program admission; and

(h) include a full-time continuous residency or an alternate planned experience for all students and programs allowing alternate planned experiences as a substitute for full-time residency must demonstrate how those experiences are equivalent to experiences commonly associated with residency requirements.

(5) The provider ensures that specialist-level programs follow the standards described by a national accrediting entity, and:

(a) specialist-level programs consist of a minimum of three years of full-time study or the equivalent at the graduate level;

(b) the program shall include at least 60 graduate semester hours or the equivalent, at least 54 hours of which are exclusive of credit for the supervised internship experience;

(d) specialist level programs include a minimum of one academic year of supervised internship experience consisting of a minimum of 1200 clock hours, including a minimum of 600 hours in a school meeting.

(6) The provider ensures that doctoral programs follow the standards described by NASP. Doctoral programs provide greater depth in multiple domains of school psychology training and practice as specified in these standards. The provider ensures that:

(a) doctoral programs consist of a minimum of four years of full-time study or the equivalent at the graduate level;

(b) the program includes a minimum of 90 graduate semester hours or the equivalent, at least 78 of which are exclusive of credit for the doctoral supervised internship experience and any terminal doctoral project (e.g., dissertation) and shall culminate in institutional documentation; and

(c) the program includes a minimum of one academic year of doctoral supervised internship experience consisting of a minimum of 1500 clock hours, including a minimum of 600 hours in a school setting, as part of a doctoral program or prior specialist degree, or 600 hours of advanced practicum experience.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121, MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15; AMD, 2023 MAR p. 86, Eff. 7/1/23.

Subchapter 10.58.8 Innovative and Experimental Programs

Mont. Admin. R. 10.58.802 Approval of New Curricular Programs

(1) The provider may request the approval of a new curricular program by describing the purpose, need, and objectives of the program and the impact on P-12 education.

(2) The provider:

(a) ensures that the program of study is based on current research, proven practice, and emerging trends in this field of P-12 school curriculum;

(b) works cooperatively with accredited school districts, education organizations, agencies, and P-20 stakeholders to design the program;

(d) submits regular and systematic reports of the programꞌs impact on P-12 education to the state superintendent and the Board of Public Education; and

(e) updates and maintains program information on its Web page.

(3) The provider:

(a) articulates initial or advanced candidatesꞌ learning expectations pursuant to ARM Title 10, chapter 58, subchapters 3, 5, 6, and 7;

(b) aligns learning expectations and outcome assessments to the program objectives;

(d) establishes assessment and evaluation systems to collect, analyze, use, and report initial or advanced candidateꞌs progress in the program;

(e) ensures that the program is supported by identifiable human and physical resources available to the program and resources not under the control of the institution shall be outlined and confirmed by the Board of Public Education;

(f) creates a timetable that includes:

(i) the program's proposed implementation date;

(ii) the sequence of activities that will occur;

(iii) selection and schedules of regular and systematic intervals of candidate and program evaluations; and

(iv) the approximate date for submitting the program plan, timeline, and reports for program approval to the appropriate institutional officials and to the Superintendent of Public Instruction; and

(g) ensures that program evaluations have definite provisions for performance criteria and follow-up at specified intervals and the evaluations:

(i) align to initial or advanced standards pursuant to ARM Title 10, chapter 58, subchapters 3, 5, 6, and 7; and

(ii) ensure continuous program improvement by using data to inform decisions that provide positive impact on candidatesꞌ professional growth and on program development.

(4) The provider shall establish and administer the program and designate the appropriate division, school, college, or department within the institution to act on all matters relating to such program, according to general institutional policies.

History

Authorizing statute(s): 20-2-114, MCA
Implementing statute(s): 20-2-121 MCA
History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 2007 MAR p. 190, Eff. 2/9/07; AMD, 2014 MAR p. 2936, Eff. 7/1/15.

Mont. Admin. R. 10.59.101 Board of Public Education Policy Statement

(1) All real and personal property transferred to the board of public education, Montana school for the deaf and blind, or school for the deaf and blind foundation by purchase, gift, devise, bequest or otherwise acquired and the proceeds, interest and income of such property for the use and benefit of the school and its students shall be vested in the school for the deaf and blind foundation.

History

Authorizing statute(s): Sec. 20-8-103, MCA
Implementing statute(s): Sec. 20-8-111, MCA
History: NEW, 1983 MAR p. 1926, Eff. 12/30/83.

Mont. Admin. R. 10.59.102 Contract Between the Board of Public Education and the School for the Deaf and Blind Foundation

(1) The board of public education shall contract with the school for the deaf and blind foundation for the management of such property and its proceeds, interest and income.

History

Authorizing statute(s): Sec. 20-8-103, MCA
Implementing statute(s): Sec. 20-8-111, MCA
History: NEW, 1983 MAR p. 1926, Eff. 12/30/83.

Mont. Admin. R. 10.59.103 Contents of the Contract

(1) The contract between the Board of Public Education and the foundation must require the foundation to have:

(a) articles of incorporation which without limitation stipulate that the superintendent of the school for the deaf and blind shall by virtue of the office be one of the directors of the foundation until a successor is duly appointed;

(b) bylaws which without limitation cover selection of officers, meetings, compensation for services, and amendment procedures; and

(c) policy which covers the acceptance, management, and expenditure of foundation property, proceeds, interest, and income.

History

Authorizing statute(s): 20-8-103, MCA
Implementing statute(s): 20-8-111, MCA
History: NEW, 1983 MAR p. 1926, Eff. 12/30/83; AMD, 2000 MAR p. 3361, Eff. 12/8/00; AMD, 2014 MAR p. 2450, Eff. 10/10/14.

Mont. Admin. R. 10.59.104 Quarterly Report

(1) The presiding officer of the foundation or his designee shall report to the board of public education each quarter at one of its regular meetings:

(a) Principal and income statement identifying investment holdings;

(b) List of designated funds or restricted gifts;

(d) Meetings held and minutes.

History

Authorizing statute(s): Sec. 20-8-103, MCA
Implementing statute(s): Sec. 20-8-111, MCA
History: NEW, 1983 MAR p. 1926, Eff. 12/30/83.

Chapter 10.60 Special Education

Subchapter 10.60.1 Board of Public Education Policy Statement

Mont. Admin. R. 10.60.101 Board of Public Education Policy Statement

(1) It shall be the policy of the board of public education to foster the development and continuation of appropriate special education services for all identified children with disabilities with the opportunity to become confident, dignified and self-sufficient members of society to the greatest extent possible.

History

Authorizing statute(s): Sec. 20-2-121, MCA
Implementing statute(s): Sec. 20-7-402, MCA
History: Eff. 8/10/77; AMD, 1978 MAR p. 998, Eff. 7/15/78; AMD, 1982 MAR p. 2176, Eff. 12/31/89; AMD, 1994 MAR p. 166, Eff. 1/28/94.

Mont. Admin. R. 10.60.102 Due Process in Services

(1) Special education services shall include the provision of due process to ensure the rights of children with disabilities. The goal of due process is to prevent harm to children, parents and society. Due process shall include protection regarding the following:

(a) identification of disability;

(b) development of education program;

(d) annual review of education program and placement.

History

Authorizing statute(s): Sec. 20-2-121, MCA
Implementing statute(s): Sec. 20-7-402, MCA
History: Eff. 8/10/77; AMD, 1978 MAR p. 998, Eff. 7/15/78; AMD, 1994 MAR p. 166, Eff. 1/28/94.

Mont. Admin. R. 10.60.103 Identification of Children with Disabilities

(1) In order that a free, appropriate, public education be provided to all children, all persons who can assist in identifying the disability and determine services to meet the needs of a child shall participate in the placement process.

(2) Child study teams shall be used to identify children with disabilities, and instructional teams shall be used to plan individual education programs. Parents shall be involved in the child study team process and shall be included in the development of the individualized education plan.

(3) To assure correct identification of disabilities and proper educational placement, children shall have the opportunity for a comprehensive educational evaluation.

History

Authorizing statute(s): Sec. 20-2-121, MCA
Implementing statute(s): Sec. 20-7-402, MCA
History: Eff. 8/10/77; AMD, 1978 MAR p. 998, Eff. 7/15/78; AMD, 1994 MAR p. 166, Eff. 1/28/94.

Mont. Admin. R. 10.60.104 Annual Report of Special Education Programs in Montana

(1) The superintendent of public instruction will report to the board of public education each December the number of special education programs in the state, number of students enrolled in the programs and the total budget costs anticipated for the programs for the current school year.

History

Authorizing statute(s): Sec. 20-2-121, MCA
Implementing statute(s): Sec. 20-7-402, MCA
History: Eff. 8/10/77; AMD, 1978 MAR p. 998, Eff. 7/15/78.

Subchapter 10.61.1 General Policy

Mont. Admin. R. 10.61.101 Cooperative Programs Between the Montana School for the Deaf and Blind and Great Falls School District #1

(1) The board of public education authorizes and en-courages the administration of the Montana school for the deaf and blind to enter into cooperative education and training pro-grams with school district #1 when such arrangements are mutually agreed upon and serve the best interests of children. Such programs shall be reported to the board with appropriate rationale and evaluation results.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77.

Mont. Admin. R. 10.61.102 Responsibility for Outreach and Itinerant Ser-Vices for the Hearing Impaired and Visually Impaired

(1) To be consistent with the philosophy of least restrictive alternative for education and to maintain a continuum of alternatives which assures the best possible availability of services and materials, the board authorizes the Montana school for the deaf and blind to provide regional services of itinerant con-sultants and instructional tools, materials and books from the center at the school in Great Falls, and that these services shall be made available to all school districts in the state and shall function in cooperation with the regional offices for special education.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77; AMD, 1980 MAR p. 975, Eff. 3/14/80.

Mont. Admin. R. 10.61.103 Summer Programs Sponsored by the Montana School for the Deaf and Blind

(1) Upon application and approval by the board of public education and contingent on supplementary source of funding, the Montana school for the deaf and blind may conduct instructional and/or educational programs during the summer months.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77.

Mont. Admin. R. 10.61.104 School Calendar, Length of School Year, and Re-Quired School Vacations

(1) The board establishes as policy that the administration of the Montana school for the deaf and blind shall:

(a) adopt a yearly calendar having not less than 180 or more than 186 instructional days;

(b) such yearly calendar may be adjusted to coincide with the school calendar adopted by the Great Falls school district #1;

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): ec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77; AMD, 1980 MAR p. 975, Eff. 3/14/80.

Subchapter 10.61.2 Student Policy

Mont. Admin. R. 10.61.201 Admission of Students to the Montana School for the Deaf and Blind

(1) The following procedures shall govern the admission of students at the Montana school for the deaf and blind:

(a) The parent or legal guardian must complete an appli-cation for admission.

(b) A medical examination form must be filed from the family doctor.

(d) The parents or guardian, with their child, must visit the school.

(e) Within practical limitation of time, but not exceed-ing six months, a child study team shall be called on each child admitted or considered for admission. The composition of the child study team shall follow the rules and regulations set forth by the office of the superintendent of public instruction.

(f) A child study team shall be called yearly for reassessment of the child's placement at the school.

(g) The school shall follow the mandates of Public Law 94-142 regarding admission of students.

History

Authorizing statute(s): Sec. 20-2- 114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77; AMD, 1980 MAR p. 975, Eff. 3/14/80.

Mont. Admin. R. 10.61.202 Residence of Children at the Montana School for the Deaf and Blind

(1) Admission of children as residents in the dormitory at the Montana school for the deaf and blind shall be as follows:

(a) All children otherwise certified as admissable students and residing outside the immediate area of the city of Great Falls may reside in the dormitory during regular school days.

(b) All children otherwise certified as admissable students and residing within the city of Great Falls and its immediate surrounding area shall be day students--meaning that they shall go to their respective homes each day after regular school hours.

(c) Under certain conditions of need or social considera-tions, day students may be admitted as resident students pro-vided such recommendation is made by:

(i) the welfare department

(ii) a review committee comprised of the superintendent of the school, the dean of students, the principal, and a teacher.

(d) In such cases, the arrangement must be discussed with the parent or guardian and is subject to review periodically.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77; AMD, 1980 MAR p. 976, Eff. 3/14/80.

Mont. Admin. R. 10.61.203 Non-Resident Children Admittance to the Montana School for the Deaf and Blind

(1) Inasmuch as the physical facilities and staff of the school are utilized to their fullest for residential children of Montana, the board of pub-lic education directs the superintendent to not accept application for admittance of any child who is not a resident of the state of Montana.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: Eff. 4/12/76; ARM Pub. 11/26/77.

Mont. Admin. R. 10.61.204 Transfer to Local Education Agency

(1) The transfer of students from the Montana school for the deaf and blind to another educational placement shall be accomplished by:

(a) recommendation of the child study team;

(b) concurrence of the parents; and

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103, MCA
History: NEW, 1980 MAR p. 976, Eff. 3/14/80.

Mont. Admin. R. 10.61.205 Suspension

(1) For those circumstances or conditions where a student at the Montana school for the deaf and blind is to be suspended, the superintendent shall use the following procedures. (Suspension is defined as a short term guidance or disciplinary placement of the child at home with his/her parent or guardian. Suspension shall not exceed one week at a time.)

(a) Call together an appropriate committee to examine the circumstances and reasons for action of suspension.

(b) Examine all other alternatives.

History

Authorizing statute(s): Sec. 20-2-114 and 20-8-103 MCA
Implementing statute(s): Sec. 20-8-103 MCA
History: NEW, 1980 MAR p. 977, Eff. 3/14/80.

Mont. Admin. R. 10.61.206 Expulsion of Students from the Montana School for the Deaf and Blind

(1) Expulsion will be resorted to only when it is evident that there is little or no possibility of the pupil's being able to benefit from continued school experience and that his presence would constitute a hazard to the school program. Expulsion or permanent exclusion is solely the direct responsibility of the board of public education.

(2) The parents or guardians shall be notified in writing of their opportunity to appear before the Board of Public Education prior to any action of expulsion.

(3) The superintendent shall make an administrative recommendation to the board based on a thorough investigation of the case and the recommendation of the school principal or director of child care services.

(4) If the board expels the student, the secretary to the board shall officially notify his parent(s) or guardian(s) of the action.

(5) Readmission of an expelled student is possible provided the cause(s) leading to the expulsion have been corrected or substantially diminished.

(6) Readmission is subject to approval by the board.

History

Authorizing statute(s): Sec. 20-2-114 and Sec. 20-8-103 MCA
Implementing statute(s): Sec. 20-80-103
History: NEW, 1980 MAR p. 977, Eff. 3/14/80.

Mont. Admin. R. 10.61.207 Student Transportation

(1) The board establishes as policy that the administration of the Montana school for the deaf and blind shall provide for each residential student the most cost-effective and convenient method of transportation to and from home each scheduled travel weekend during the time when school is in session.

(2) The superintendent of the school for the deaf and blind shall determine the appropriate means of transportation applying the following criteria:

(a) Preference shall be given to scheduled commercial air or ground carriers where such transportation will not unduly inconvenience the student or his family and where student supervisors will not be required.

(i) In assessing inconvenience to the student and his family, the superintendent shall consider the amount of time the student is enroute and the distance the family must travel to meet the student at the termination of commercial carrier service.

(ii) The superintendent may provide scheduled ground transportation service only through a carrier certified by the public service commission.

(b) When transportation by scheduled commercial air or ground carrier is not available, or is inappropriate, the superintendent may choose to transport residential students on either school buses as defined in section 20-10-101 MCA, chartered commercial aircraft, or through individual transportation contracts with parents. When entering into individual transportation contracts with the parents or guardians of a student, the superintendent must follow the guidelines for special education transportation established by the state of Montana. The individual transportation contract shall provide reimbursement at the current rate set for special education transportation individual contracts.

(i) In chartering aircraft, the superintendent may contract only with F.A.A. approved Part 135 operators who hold a commercial operation certificate of issuance with the Montana board of aeronautics.

(ii) The superintendent may charter single-engine aircraft, weather and time-of-day permitting. Twin-engine aircraft shall be used where weather or time-of-day require.

(iii) The superintendent shall assign supervisors from the school for the deaf and blind to accompany students on charter flights when deemed appropriate and when number of passengers and size of aircraft permit.

History

Authorizing statute(s): Sec. 20-8-121 MCA
Implementing statute(s): Sec. 20-8-121 MCA
History: NEW, 1987 MAR p. 2146, Eff. 11/28/87; AMD, 1991 MAR p. 1554, Eff. 3/15/91.

Chapter 10.63 Early Childhood Education

Subchapter 10.63.1 Early Childhood Education Standards

Mont. Admin. R. 10.63.101 Application and Procedures

(1) The early childhood education standards are focused on developmentally appropriate supports and strategies to enhance learning outcomes for a child between the ages of 3 and 5 for preschool programs and between the ages of 4 and 5 for early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten. Use of these standards for a public preschool program is subject to the funding limits of 20-7-117(2) and 20-9-311(7)(a), MCA. Use of these standards for early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten is subject to the provisions of Title 20, chapter 7, part 18, MCA.

(2) The trustees of a school district, pursuant to Title 20, chapter 6, MCA, may establish a public early childhood education program to meet the unique developmental needs for children between the ages of 3 and 5 for preschool programs and between the ages of 4 and 5 for early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten. When early childhood education programs are established they must be an integral part of the public school and must be governed according to the following accreditation standards for the early childhood education standards of early learning content and accreditation in coordination with the standards outlined for schools within ARM Title 10, chapter 55, excluding 10.55.601, 10.55.602, 10.55.603, 10.55.704, 10.55.705, 10.55.709, 10.55.710, 10.55.712, 10.55.715, and ARM Title 10, chapter 55, subchapters 10 through 21. For the purposes of the accreditation process detailed in ARM 10.55.606, early childhood education programs will be assessed on the programꞌs assurance standards only.

(3) Early childhood education programs shall meet this chapterꞌs curriculum, instruction, and program delivery standards, supporting childrenꞌs development of the knowledge and skills outlined in the content standards in ARM 10.63.110, which describe the expectations for what young children should know, understand, and be able to do across the four core developmental domains of learning upon entrance to kindergarten.

(4) Montanaꞌs early childhood education standards shall be reviewed and revised on a recurring schedule with input from representatives of accredited schools.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.102 Definitions

(1) For the purposes of this chapter, the following terms apply:

(a) ʺAccreditationʺ means certification by the Board of Public Education that a school meets the adopted standards of the Board of Public Education for a specified school year.

(b) ʺAssessmentʺ means the gathering, organizing, and evaluation of information about student learning in order to monitor and measure student learning, the effectiveness of the instructional program, and to inform local policies and decisions.

(c) ʺDevelopmental domainʺ means the broad, interrelated categories or dimensions of early childhood development reflective of early childhood education childrenꞌs learning and growth. The four core domains include social and emotional, physical, language, and cognitive.

(d) ʺEarly childhood curriculumʺ means an articulated educational plan for young children, which is grounded in research-based understandings of child development and developmentally appropriate practices. Curriculum guides the teaching process from identifying what to teach, including early content standards in each of the four developmental domains and how to teach, including developing learning experiences based upon individual and group outcomes, and assessing what was learned then using this data to inform future planning and teaching. For early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten, the curriculum must embrace the four developmental domains while focusing on the subjects of literacy and numeracy with a goal of establishing a trajectory leading to reading or math proficiency at the end of third grade.

(e) ʺLearning centerʺ means a self-contained area of the classroom featuring a wide variety of hands-on materials that children can choose and use independently which are organized around a curriculum area (science, math, art, music, dramatic play, literacy) or a specific kind of play material (blocks, sensory, manipulative).

(f) ʺParaprofessionalʺ means an adult with the qualifications detailed in ARM 10.63.105 who works under the direct supervision of a teacher and who may work independently in a teacher's absence, but for the majority of the time works directly with the teacher in the same space with the same group of students.

(g) ʺTeacherʺ means a licensed individual as defined in ARM 10.55.602, with primary responsibility for a group or class of early childhood education students.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.103 Leadership

(1) The early childhood education program leadership shall effectively implement policies, procedures, and systems that support stable staff and strong personnel, fiscal, and program management so all students, families, and staff have high-quality experiences.

(2) Professional development for early childhood education educators as required by ARM 10.55.714 should be tailored to early childhood development and learning.

(3) Professional development completed by elementary (K-8) educators providing early targeted interventions should be tailored to such interventions. The elementary (K-8) educators providing early targeted interventions, the employing districts, and accredited educator preparation providers, pursuant to ARM 10.58.102, are encouraged to collaborate to develop professional development options that support attainment of qualifications leading to an early childhood education (P-3) endorsement.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.104 Teacher Assignments and Qualifications for Public Preschool and Early Targeted Interventions

(1) Teachers shall be assigned at the levels for which they are licensed and endorsed in accordance with state statutes and Board of Public Education rules.

(2) Teachers with an early childhood (P-3) endorsement shall be considered to be appropriately licensed, endorsed, and assigned to teach in an accredited preschool program.

(3) While teachers with an early childhood (P-3) endorsement are encouraged, teachers with either an early childhood (P-3) endorsement or an elementary (K-8) endorsement shall be considered to be appropriately licensed, endorsed, and assigned to teach early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten. Teachers with an elementary (K-8) endorsement who are teaching early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten are encouraged to pursue professional development as outlined in 10.63.103 to ensure delivery of high-quality early targeted interventions.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.105 Early Childhood Paraprofessional Qualifications

(1) Early childhood paraprofessionals must have:

(a) completed two years of study at an institution of higher education; or

(b) obtained an associateꞌs (or higher) degree; or

(c) a high school diploma and meet a rigorous standard of quality and be able to demonstrate knowledge of and the ability to assist in the delivery of the curriculum, instruction, and program delivery standards to support studentsꞌ development of the knowledge and skills outlined in the early learning content standards.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.106 Early Childhood Paraprofessional Supervision

(1) Early childhood paraprofessionals shall be under the direct supervision of a licensed teacher who is responsible for instruction and assessment of students.

(2) Early childhood paraprofessionals assigned to assist students with special education needs shall be under the supervision of the teacher.

(3) The supervising teacher shall be available while an early childhood paraprofessional is fulfilling his or her responsibilities and shall not be simultaneously assigned to another teaching duty or preparation time.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.107 Class Size

(1) There must be one appropriately licensed and endorsed teacher for 10 students, for up to no more than 18 total students in a classroom with two adults.

(2) With classrooms exceeding 10 students, an early childhood paraprofessional is required at a rate of one hour per day, per student overload up to 16 students. At 16 to 18 students, a minimum of one appropriately licensed and endorsed teacher and one early childhood paraprofessional is required.

(3) School districts are encouraged to exceed these standards for classrooms exceeding 10 students with additional staffing beyond the requirements in (2).

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.109 Enrollment Eligibility

(1) A child must have reached three years of age before the districtsꞌ official start date of the preschool program or have been enrolled by special permission by the board of trustees.

(2) A child who is 4 years of age or older on or before September 10 of the year in which the child is to participate in early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten and who has not completed kindergarten and who is determined through the evaluation methodology process outlined in ARM 10.54.901 or 10.54.903 to be below a trajectory leading to reading or math proficiency at the end of third grade is eligible for enrollment in early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Mont. Admin. R. 10.63.110 Early Learning Developmental Domains and Content Standards

(1) The following early learning developmental domains represent the foundational skills all students need to be successful learners. The development of communication, language, and literacy skills supports the growth in all other domains of development. All developmental domains are applicable for public preschool programs and early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten.

(a) The language domain includes communication and comprehension in oral and written language.

(i) Language instruction includes opportunities for students to develop:

(A) receptive language, wherein students use listening and observation skills to make sense of and respond to spoken language and other forms of communication; enter into the exchange of information around what is seen, heard, and experienced; and begin to acquire an understanding of the concepts of language that contribute to learning;

(B) expressive language, wherein students develop skills in using sounds, facial expressions, gestures, and words, such as to help others understand their needs, ask questions, express feelings and ideas, and solve problems;

(D) support for dual language speakers, wherein students receive support in their home language(s) while becoming proficient in English.

(ii) Literacy instruction includes opportunities for students to develop:

(A) written language, wherein students build an understanding and interest in the symbols, sounds, and rhythms of written language and develop awareness that the printed word can be used for various purposes;

(B) written communication, wherein students develop interest and skill in using symbols as a meaningful form of communication;

(C) print awareness, wherein students build an understanding that print carries a message through symbols and words and that there is a connection between sounds and letters (the alphabetic principle); and

(D) speech development, wherein students develop an awareness of the sounds of letters and the combination of letters that make up words and use this awareness to manipulate syllables and sounds of speech.

(b) The social and emotional domain includes culture, family, community as well as social and emotional development.

(i) Culture, family, and community skills instruction includes opportunities for students to develop:

(A) an awareness of and appreciation for similarities and differences between themselves and others;

(B) an awareness of the functions and diverse characteristics of families; and

(ii) Social development skill instruction includes opportunities for students to:

(A) develop trust, emotional bonds, and interact comfortably with adults;

(B) interact and build relationships with peers; and

(iii) Emotional development skills instruction includes opportunities for students to:

(A) develop an awareness and appreciation of self as a unique, competent, and capable individual;

(B) demonstrate a belief in their abilities;

(C) manage internal states, feelings, and behavior, and develop the ability to adapt to diverse situations and environments; and

(D) express a wide and varied range of feelings through facial expressions, gestures, behaviors, and words.

(i) Motor skills instruction includes opportunities for students to develop:

(A) small muscle strength, coordination, and skills;

(B) large muscle strength, coordination, and skills; and

(ii) Health, safety, and personal care skills instruction includes opportunities for students to develop:

(A) personal health and hygiene skills as they develop and practice self-care routines;

(B) healthy eating practices by eating a variety of nutritional foods;

(D) an awareness and understanding of safety rules as they learn to make safe and appropriate choices.

(d) The cognitive domain includes approaches to learning.

(i) Approaches to learning skills instruction include opportunities for students to develop:

(A) curiosity through imagination, inventiveness, originality, and interest as they explore and experience new things;

(B) initiative and self-direction through engagement in new tasks and to take risks in learning new skills or information;

(C) persistence and attentiveness with the ability to focus their attention and concentration to complete tasks and increase their learning;

(D) reflection and interpretation skills in thinking about their learning in order to inform their future decisions; and

(E) reasoning skills in causation, critical and analytical thinking, problem solving, and representational thought.

(2) The following early learning content standards are aligned to the Montana K-12 Content Standards and highlight what students should know, understand, and be able to do upon entering kindergarten. All early learning content standards are applicable for public preschool programs while only the English Language Arts and Literacy and Mathematics and Numeracy Content Standards apply to early targeted interventions implemented through the classroom-based program for 4-year-olds and summer jumpstart program preceding kindergarten.

(a) English Language Arts and Literacy standards include:

(i) early reading, wherein students develop an understanding, skill, and interest in alphabet knowledge using the symbols, sounds, and rhythms of written language;

(ii) print development and writing, wherein students demonstrate interest and skill in using symbols as a meaningful form of communication;

(iii) speaking and listening, wherein students use phonemic and phonological awareness to identify and play with individual sounds in spoken words; and

(iv) language, wherein students develop the ability to communicate with others to build relationships, share meaning, and express needs.

(b) Mathematics and numeracy standards include:

(i) number sense and operations, wherein students develop the ability to think and work with numbers, to understand their uses, and describe their relationships through structured and everyday experiences;

(ii) measurement concepts, wherein students use measurement instruments to explore and discover measurement relationships and characteristics, such as length, quantity, volume, distance, weight, area, and time;

(iii) mathematical skills in data analysis, wherein students count, sort, and compare objects;

(iv) initial algebraic thinking and operations, wherein students identify, describe, produce, and create patterns using mathematical language and materials; and

(v) geometric and spatial reasoning, wherein students build the foundation for recognizing, creating, and manipulating shapes, and learning spatial reasoning and directional words as they become aware of their bodies and personal space in their physical environment.

(i) creative movement wherein students produce rhythmic movements spontaneously and in imitation with growing technical and artistic abilities;

(ii) drama, wherein students show appreciation and awareness of drama through observation, imitation, and participation in simple dramatic plots;

(iii) music, wherein students engage in a variety of musical or rhythmic activities; and

(iv) visual arts, wherein students demonstrate a growing understanding and appreciation for the creative process and visual arts.

(d) Science standards include:

(i) scientific thinking and the use of the scientific methods through investigation using their senses to observe, manipulate objects, ask questions, make predictions, and develop conclusions and generalizations;

(ii) an understanding of and compassion for living things;

(iii) an understanding of the physical world, the nature and properties of energy, and nonliving matter;

(iv) an understanding of the earth and planets; and

(v) an understanding of engineering as the process that assists people in designing and building.

(e) Social studies standards include:

(i) an understanding of the concept of historical time, including past, present, and future;

(ii) knowledge of geographical places and regions by understanding that each place has its own unique characteristics and the reciprocal effect individuals have with the world around them; and

(iii) awareness of their natural world, including the environment and our interdependence on the natural world.

(f) Technology standards include:

(i) an understanding of technology with awareness of technological tools and developmentally appropriate exploration of the ways to use these resources.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2025 MAR, Notice No. 2025-215, Eff. 8/9/25.

Mont. Admin. R. 10.63.111 Curriculum and Assessment

(1) The early childhood curriculum, as defined in ARM 10.63.102, shall:

(a) contain a written philosophy and framework, grounded in research-based understandings of child development, to provide a clear, coherent focus for planning students' experiences;

(b) informing instruction through observation and documentation of childrenꞌs strengths, interests, and needs in their play, work, and behavior;

(c) guide the learning process and daily plans for learning through the selection of materials and equipment to enhance development and learning in the early learning developmental domains, including social and emotional, physical, language, and cognition; and encourage integration of applicable early learning content areas, including literacy, mathematics, science, social studies, creative expression and the arts, and technology;

(d) include planned opportunities for active exploration, discovery, and social interaction;

(e) plan for students' engagement in play each day; and

(f) be implemented in a manner reflective of studentsꞌ family and community lives while being responsive to diversity, including gender, age, language, culture, and ability, including opportunities for students and families to learn about the distinct and unique heritage of American Indians, particularly Montana Indian tribes, in a culturally responsive manner (20-1-501, MCA).

(2) School districts shall develop early childhood education programs to include an ongoing and systematic written assessment plan which includes protocols for:

(a) monitoring the progress of students toward achieving content standards and learning in the developmental domains using formative and summative approaches that include universal screening, progress monitoring, and diagnostic assessments;

(b) administration of assessments and interpretation of assessment results;

(d) involving families as partners in linguistically and culturally responsive ways to inform decisions about studentsꞌ needs; and

(e) assessing the effectiveness of the instructional program that guides adjustments for improvement.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24.

Mont. Admin. R. 10.63.112 Instruction

(1) The early childhood education program shall ensure developmentally, culturally, and linguistically appropriate and effective teaching strategies that enhance studentsꞌ development and learning of the early learning content standards in ARM 10.63.110 through the programꞌs curriculum.

(2) The early childhood education instructional program shall:

(a) use both content and child development knowledge to create learning opportunities and to engage young learners in meaningful, planned, and purposeful experiences related to the curriculum goals and content standards;

(b) use a variety of effective approaches and strategies which include opportunities for both teacher and student-initiated interactions and activities;

(d) use knowledge of each studentꞌs development to enhance instruction, modify strategies and materials, and adjust supports and challenges as students gain competence, understanding, and skills;

(e) build upon studentꞌs language, understanding of concepts, and increase vocabulary;

(f) integrate knowledge of studentsꞌ families and the community to build relationships that foster integral connections with the curriculum and learning experiences;

(g) use cultural and community resources in the classroom to enhance student learning and development; and

(h) work as a team to implement learning plans, including plans for students with special needs.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24.

Mont. Admin. R. 10.63.113 Physical and Learning Environments

(1) The early childhood education program shall ensure an appropriate and well-maintained safe and healthful physical environment that:

(a) is designed to protect student health and safety;

(b) allows for supervision of students primarily by sight;

(d) follows state and federal guidelines for meals and snacks; and

(e) provides safe, supervised, and adequate outside play space with age-appropriate equipment and safe, adequate indoor space for each child.

(2) The early childhood education program shall ensure a safe and healthful learning environment by:

(a) providing a written predictable but flexible schedule that provides intentionally planned routines and transitions; and

(b) providing daily indoor and outdoor activities, including:

(i) planned learning center time where students have individual choice of activities;

(ii) daily opportunities to learn and play individually, in small groups, and as a whole group; and

(iii) use of developmentally appropriate materials and equipment.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24.

Mont. Admin. R. 10.63.114 Child Guidance

(1) Child guidance means employing a variety of strategies to foster self-regulation, respect for others, problem solving, and social and emotional development in an ongoing interactive process and helps students learn how to communicate with others in developmentally appropriate ways. To ensure appropriate child guidance, the early childhood education program shall:

(a) use positive behavior supports to ensure the social, emotional, and cultural development of each student;

(b) provide a positive climate to ensure equality, inclusion, and citizenship;

(c) develop relationships with the student and the studentꞌs family in ways that are linguistically and culturally sensitive;

(d) provide opportunities for students to be contributing members of the classroom community;

(e) provide clear behavioral expectations, including the use of effective methods to prevent and redirect misbehavior; and

(f) partner with families and other professionals for students with challenging behavior to develop and implement an individualized plan that fosters the child's inclusion and success.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24.

Mont. Admin. R. 10.63.115 Family and Community Engagement

(1) The early childhood education program staff shall establish and maintain collaborative relationships with each childꞌs family and community to foster the studentꞌs development in all settings.

(2) To ensure collaborative relationships between the community, school, and families, early childhood education programs shall have protocols which:

(a) establish intentional practices designed to foster strong reciprocal relationships with families;

(b) ensure that families are an integral part of the decision-making team through communication and family conferences which promote dialogue and partnership regarding their studentꞌs educational goals and services;

(d) ensure that all families, regardless of family structure, socioeconomic, racial, religious, and cultural diversity, gender, abilities, or preferred languages are included in their childꞌs educational experience;

(e) assist families in locating, contacting, and using community resources that support the studentꞌs well-being, development, and goals;

(f) promote awareness and understanding of the unique legal and political structures of Montana Tribal Nations in order to best meet the needs of Indian students and families;

(g) collaborate with community-based programs to ensure that parents and families have the resources they need to be involved in their studentꞌs education, growth, and development; and

(h) provide access to health screenings and referrals for all students in the program.

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-101, 20-7-1803, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-7-101, 20-7-117, 20-7-1803, MCA
History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2024 MAR p. 722, Eff. 4/13/24; AMD, 2026 MAR, Notice No. 2025-479, Eff. 2/7/26.

Chapter 10.64 Transportation

Subchapter 10.64.2 Driver Qualifications

Mont. Admin. R. 10.64.201 School Bus Driver Qualifications

(1) In addition to the school bus driver qualifications set forth in 20-10-103, MCA, the Board of Public Education requires that school bus drivers must obtain a Montana school bus driver certificate (form TR-35) pursuant to the requirements of ARM 10.7.111, by submitting proof of the following:

(a) a minimum of five years of licensed driving experience;

(b) no record of criminal offenses indicating they may be dangerous to children, as evidenced by a criminal background check provided to and approved by the school district prior to initial employment;

(d) a current first aid certificate meeting the requirements of ARM 10.7.111;

(e) a properly endorsed commercial driver's license (CDL) with continuing compliance with all of the requirements associated with that license; and

(f) a safe driving record, which may not have evidence of any of the following:

(i) more than one moving traffic violation within any 12-month period of the preceding 36 months;

(ii) any conviction for driving under the influence of alcohol or drugs within the preceding 36 months; or

(iii) a conviction resulting in mandatory revocation or suspension of a driver's license in the previous five years.

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-10-103, 20-10-111, MCA
History: Eff. 7/8/74; ARM Pub. 11/26/77; AMD, 2014 MAR p. 1801, Eff. 8/8/14.

Subchapter 10.64.3 Minimum Standards for School Buses

Mont. Admin. R. 10.64.301 School Bus Requirements

(1) The Board of Public Education adopts and incorporates the Standards for School Buses in Montana – 2022. A copy of this document is available from the Office of Public Instruction, Pupil Transportation Division, P.O. Box 202501, Helena, Montana 59620-2501 and is available at the following web address: www.bpe.mt.gov .

(2) The Board of Public Education adopts standards for school buses in Montana in part from the National School Transportation Specifications and Procedures, as adopted in 2015 by the Sixteenth National Congress on School Transportation (NCST). The NCST occasionally issues an interpretation on its adopted specifications and procedures. Any interpretation adopted by the NCST shall be the official interpretation of the corresponding Montana standard unless that interpretation is specifically redefined or preempted by a corresponding Montana standard, law, or regulation. The National School Transportation Specifications and Procedures and additional information regarding the NCST are available at www.NCSTOnline.org .

History

Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-2- 121, 20-3-106, 20-7-101, 20-10-111, MCA
History: Eff. 7/1/73; ARM Pub. 11/26/77; AMD, 1981 MAR p. 1493, Eff. 11/31/81; AMD, 1993 MAR p. 684, Eff. 4/30/93; AMD, 2002 MAR p. 2187, Eff. 8/16/02; AMD, 2013 MAR p. 412, Eff. 3/29/13; AMD, 2017 MAR p. 1891, Eff. 10/14/17; AMD, 2018 MAR p. 303, Eff. 2/10/18; AMD, 2018 MAR p. 1024, Eff. 5/26/18; AMD, 2022 MAR p. 1313, Eff. 7/23/22.

Mont. Admin. R. 10.64.342 Replacement Parts

(1) The standards for school buses in Montana apply to all new school buses to be used in Montana. Although it is recommended that used school buses be re-equipped with parts and supplies that meet the construction standards as they are replaced through periodic maintenance and repair, it is not intended that the requirements of these standards preclude the use of replacement parts or supplies that do not meet these higher standards when said parts and supplies are not readily available for emergency and/or roadside repairs. Further, it is not intended that the use of such regular parts, because of the lack of ready availability, should incur increased liability to the operator or district should damages or risk occur as a result of the use or failure of that part or supply when such district or operator has acted in good faith in making the emergency and/or roadside repair(s) . If emergency and/or roadside repairs are made with regular standards parts, or supplies, it is recommended that said parts or supplies be replaced by parts or supplies which meet or exceed the standards for school buses in Montana within 60 days.

History

Authorizing statute(s): Sec. 20-2-121, MCA
Implementing statute(s): Sec. 20-10-111, MCA
History: NEW, 1993 MAR p. 684, Eff. 4/30/93.

Subchapter 10.64.7 Transportation Areas

Mont. Admin. R. 10.64.701 Criteria for Establishing Transportation Areas

(1) Relationship to School Law. The criteria must fit into the framework of school law for the administration of public schools, such as transfer of pupils, payment of tuition and other principles of school administration.

(a) County and school district boundaries do not apply: school bus areas when several of the following criteria apply:

(i) Pupils live closer to a school in an adjoining school district or county.

(ii) geographical features such as mountains, or rivers make attendance in the home district impractical.

(iii) road conditions should have a great deal of con-sideration if there is a big difference in the type of roads available for school transportation.

(iv) the natural trading center might have some bearing in some instances.

(v) very often, parents wish small children to attend the same school as older children.

(vi) a majority opinion of the parents of the children concerned.

(vii) convenience and safety of children.

(viii) type of training required by pupils.

(b) The opinion of the board of trustees where the pupil or pupils reside should have consideration in case of continued controversy.

(c) In the case of further controversy, the problem should be submitted to the voters of the school district at the annual election and the majority opinion of the voters should have consideration.

(d) Costs should enter into the decision. The area should be set up in a manner which will provide transportation to adequate school facilities at a minimum cost. The area should be assigned to the school bus route which can do the job at a minimum cost.

History

Authorizing statute(s): Sec. 20-3-106(18), MCA
Implementing statute(s): Sec. 20-10-112 MCA
History: Eff. 2/26/53; ARM Pub. 11/26/77; AMD. 1981 MAR p. 422, Eff. 5/1/81.

Chapter 10.65 Hours and Days of Instruction

Mont. Admin. R. 10.65.101 Policy Governing Pupil Instruction-Related Days Approved for Base Funding Program Calculations

(1) A school which in any fiscal year was in session for at least the minimum aggregate hours required ( 20-1-301 , MCA) may count for the year's foundation program a maximum of seven PIR days with a minimum of three of the days for instructional and professional development meetings or other appropriate in-service training. These seven PIR days in addition to the minimum aggregate hours may be counted provided that such additional days did not include any time counted for pupil instruction as provided in 20-1-302 , MCA and were used for one or more of the following purposes in accordance with the regulations hereby established:

(a) Staff orientation held prior to the beginning of pupil instruction for the purpose of organization of the school year.

(b) Staff professional development programs scheduled during the year for the purpose of improving instruction (ARM 10.55.714) shall include annual instructional and professional development meetings. Staff may attend either the instructional and professional development meetings or attend the equivalent number of hours of other appropriate inservice training as prescribed by the board of trustees. The board of trustees shall not prescribe equivalent hours during time approved for PI funding.

(c) Parent-teacher conferences for the purpose of acquainting parents with the school and the progress of their children. This day may be divided into hourly increments so as to provide six hours over two days and may occur in addition to, but may not duplicate, a pupil instruction (PI) day.

(d) Post-school record and report completion at the end of the pupil instruction year. This day may be divided so as to provide one-half day at the end of each semester or quarter.

(e) A school district may count for the year's foundation program a total of not more than three and one-half days in addition to the minimum aggregate hours required for kindergarten purposes, provided that such additional days were used for one or more of the above-named purposes.

History

Authorizing statute(s): 20-2-121, 20-2-121(6), MCA
Implementing statute(s): 20-1-304, MCA
History: Eff. 7/1/62; ARM Pub. 11/26/77; AMD, 1985 MAR p. 353, Eff. 9/1/86; AMD, 1987 MAR p. 102, Eff. 1/30/87; AMD, 1990 MAR p. 725, Eff. 4/13/90; AMD, 1994 MAR p. 2527, Eff. 9/9/94; AMD, 1998 MAR p. 349, Eff. 1/30/98; AMD, 2006 MAR p. 2404, Eff. 10/6/06.

Mont. Admin. R. 10.65.103 Program of Approved Pupil Instruction-Related Days

(1) A copy of the program planned and executed for each day approved by the board of trustees (except the annual instructional and professional development meetings) must be kept on file in the office of the appropriate school official. Such program may be subject to review by the state Superintendent of Public Instruction.

(2) The program(s) for each approved day referred to in ARM 10.65.101(1) (a) -(d) shall be planned and executed so as to require the participation of each professional staff member for a total of six hours for each approved PIR day. Professional development time may be divided into no less than two hour increments to facilitate delivery of professional development programs.

(3) Saturdays and holidays, while not pupil instruction days, may be approved for pupil instruction-related days noted in ARM 10.65.101(1) (a) -(d) .

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-1-304, MCA
History: Eff. 7/1/62; ARM Pub. 11/26/77; AMD, 1990 MAR p. 725, Eff. 4/13/90; AMD, 1998 MAR p. 349, Eff. 1/30/98.

Subchapter 10.65.3 Compulsory School Attendance

Mont. Admin. R. 10.65.301 General

(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.

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-7-111, MCA
History: NEW, 1981 MAR P. 1892, Eff. 1/1/82.

Mont. Admin. R. 10.65.302 Procedures for Attendance Officer

(1) The attendance officer is mandated to enforce the compulsory attendance provision of Montana school law and has been vested with the necessary police and investigatory powers to enforce compulsory attendance provisions of Montana law to ensure the children are enrolled and attending a public school or enrolled in a private institution which provides the basic instructional program; as described in 10.55.402 and 10.55.403 of the Administrative Rules of Montana.

(2) In the capacity of enforcing compulsory school attendance law the attendance officer may notify the county superintendent of his county of the existence of the private institution after determining that a child is enrolled in a private institution.

(3) The attendance officer shall, at the discretion of the county superintendent, accompany and/or assist the county superintendent in the county in determining whether the nonpublic school is providing the basic instructional program as prescribed.

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-5-101, 20-4-102, MCA
History: NEW, 1981 MAR p. 1892, Eff. 1/1/82.

Mont. Admin. R. 10.65.303 Procedures for County Superintendent

(1) The county superintendent as an elected local school official must meet certain teaching and administrative qualifications in school matters. The county superintendent has general supervision of the schools of his county and is responsible to perform any duty prescribed by the Board of Public Education.

(2) The Office of Public Instruction will provide technical assistance to all county superintendents, upon their request, so they in turn can perform the mandates of this policy.

(3) The governing authority of a private institution may request the attendance officer to contact the county superintendent for a determination of whether a private institution is providing a basic instructional program.

(4) The county superintendent upon request by the attendance officer, shall contact the governing authority of the private institution and determine annually whether the children within his county who are attending a private institution are receiving a basic instructional program as set forth by the Board of Public Education.

(5) If the county superintendent determines that the private institution is providing a basic instructional program as prescribed, the county superintendent shall notify the attendance officer that the private institution is providing the basic instructional program to the children of that institution and is therefore in compliance with the compulsory attendance law.

(6) Should the county superintendent determine that the children attending a private institution are not receiving a basic instructional program, he shall specify the deficiency(ies) to the governing authority of the institution and may allow the latter a reasonable probationary period of up to six months in which to correct the deficiency(ies) , after which probationary period he shall report the same to the local attendance officer who then, if necessary shall pursue the remedies provided by law to assure that proper compulsory attendance at an institution with at least the basic instructional program is provided.

(7) The governing authority of a private institution which is found by the county superintendent not to provide a basic instructional program may appeal the county superintendent's decision to the Board of Public Education and the board shall apply the Administrative Procedure Act in this appeal.

History

Authorizing statute(s): 20-2-121, MCA
Implementing statute(s): 20-3-205, MCA
History: NEW, 1981 MAR p. 1893, Eff. 1/1/82.

Chapter 10.66 Adult Secondary Education Credentials

Subchapter 10.66.1 High School Equivalency (HSE)

Mont. Admin. R. 10.66.110 Definitions

(1) For the purposes of this chapter, the following terms apply:

(a) "Alternative educational options" means a state-approved educational program designed to provide a secondary education outside a traditional high school setting (e.g., Job Corps, Youth Challenge).

(b) "Candidate" means a person applying to take a high school equivalency (HSE) test.

(d) "High school equivalency diploma" means a diploma issued by the state to individuals passing a state-approved high school equivalency test.

(e) "High school equivalency test" means a test designed for individuals without a high school diploma to demonstrate the competencies of a high school graduate.

(f) "Regular school program" means an education program provided by a public, private, or home school for which credits towards graduation are earned.

(g) "School" means an education program provided by a public, private, or home school.

(h) "State HSE test administrator" means the person in the Office of Public Instruction (OPI) who administers the HSE program.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.111 Qualifcations for Candidate to Receive High School Equivalency Diplomas

(1) Candidates shall not be currently enrolled in school or have received an accredited high school diploma or high school equivalency credential.

(2) Candidates shall receive a high school equivalency (HSE) diploma when scores meet or exceed the minimum score requirement established by the Board of Public Education.

(3) Candidates must physically reside in Montana and have a Montana mailing address, or claim Montana as their state of residence if tested at a military installation or in a federal correctional institution.

(4) Candidates must be at least 19 years of age.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.112 Qualifications – Exceptions

(1) Candidates 17 and 18 years of age are eligible to test and receive HSE diplomas provided the candidate:

(a) submits to the HSE testing center prior to testing, an original, official school document that clearly identifies the candidate by name, date of birth, and provides the last school enrollment date and signed by the chief education officer verifying that the candidate has been advised of in-school and alternative educational options; and

(b) is no longer enrolled in a regular high school program for credit; or

(c) resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center and submits a written referral from the facility director or authorized agent (e.g., probation officer).

(2) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13; AMD, 2022 MAR p. 400, Eff. 3/26/22.

Mont. Admin. R. 10.66.113 Age Requirement – Waiver

(1) A 16-year old candidate may receive a waiver of the age requirement if documentation is submitted and approved by the state HSE test administrator (ARM 10.66.111), as follows:

(a) a completed, signed, and notarized 16-year old age waiver application form providing school status as required under ARM 10.66.112 and notarized permission from the candidate's parent or legal guardian;

(b) a statement from an OPI adult basic education program stating the candidate has successfully completed HSE preparation classes or has attained pre-test scores indicating a likelihood that the candidate will pass the official HSE test; and

(c) a letter on official letterhead stationery from an employer or continuing education training program indicating that acceptance of the candidate is based upon successful completion of the HSE test.

(2) A candidate 16 years of age who resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center may receive a waiver of the age requirement if the candidate submits a written referral from the facility director or authorized agent (e.g., probation officer) and is no longer enrolled in a regular high school program for credit.

(3) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13; AMD, 2022 MAR p. 400, Eff. 3/26/22.

Mont. Admin. R. 10.66.114 Requirements for Testing

(1) The following items must be submitted to an official HSE testing center prior to testing:

(a) picture identification issued by tribal, state, or federal authorities;

(b) appropriate documentation pursuant to ARM 10.66.112 or ARM 10.66.113 if under the age of 19; and

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.115 Fees

(1) Upon advice and consent of the Board of Public Education, the Superintendent of Public Instruction shall establish a schedule of fees that may be charged for the administration of the HSE test. The schedule of fees shall be commensurate with the testing program centers' actual costs related to the HSE test. The Superintendent of Public Instruction shall report annually to the Board of Public Education the status of all fees associated with the HSE test.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.116 Retesting

(1) Retests must be administered in a test form not previously taken by the examinee and in compliance with the testing service requirements.

(2) Candidates who previously received a Montana high school equivalency credential may retest if higher scores are required for employment or admission to a postsecondary institution. Retesting for this purpose requires prior approval from the state HSE administrator in the Office of Public Instruction. Candidates shall show proof that retesting is necessary by presenting a written request on official letterhead stationery signed by the agent requiring higher scores, stating the reason the higher scores are necessary.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.117 Issuance of Equivalency Diplomas and Official Transcripts

(1) All HSE diplomas are issued by the Superintendent of Public Instruction. Official transcripts and diplomas will be awarded to those who successfully complete the HSE test. Candidates will have access to test results through an official database. The Office of Public Instruction will maintain HSE records permanently. HSE records may be obtained by contacting the state HSE administrator at the Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501.

(2) HSE test transcripts are accepted as official only when reported to the state HSE administrator by official HSE testing centers or by a scoring service recognized by the HSE administrator.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Mont. Admin. R. 10.66.118 Official Hse Test Centers

(1) Official HSE test centers may be established as needed with the approval and inspection by the state HSE administrator.

(2) Each Montana HSE test center must meet the requirements, policies, and procedures as proscribed by their individual testing company.

(3) Following approval by the state HSE administrator, the HSE test center's contact information will be posted on the Office of Public Instruction HSE web site.

History

Authorizing statute(s): 20-2-114, 20-2-121, MCA
Implementing statute(s): 20-2-131, MCA
History: NEW, 2013 MAR p. 412, Eff. 3/29/13.

Subchapter 10.66.2 Policy for External Diploma Program

Mont. Admin. R. 10.66.201 Operations

(1) Any Montana school district, community college or publicly-supported Montana-based educational institution (job corps) may enter into a contract with the American council on education to operate the external diploma program.

(2) Programs approved by the American council on education may use funds from the adult education mill levy (section 20-7-705 ) , county literacy will levy in mill (section 20-7-714 ) , federal funds from the National Literacy Act (P.L. 102-73) and other appropriate federal funds to support the external diploma program.

(3) Fees may be charged to participants for the cost of material and/or other operational costs.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Mont. Admin. R. 10.66.202 Eligibility

(1) The candidates must be residents of the state of Montana who have attained their twenty first birthday.

(a) A person is a resident of the state, if any of the following conditions are met:

(i) Has resided in the state for thirty consecutive days prior to enrollment;

(ii) Shows evidence of having paid property or income taxes for the current or the immediate prior year.

(b) Proof of age consists of birth certificate or equally authentic documentation.

(2) Persons 19 or 20 years of age may receive a waiver of the age requirement for exceptional circumstances. The applicant for the waiver must submit letter(s) of verification from potential employer or employer including military recruiter should state the need of the external diploma for the purpose of employment and/or promotion. The needs of the educational institutions including educational scholarship or grant donors should cite the requirements of a high school equivalency.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Mont. Admin. R. 10.66.203 Enrollment

(1) Each individual enrolling in the external diploma program will be evaluated by program staff in accordance with standards and procedures established by the American council on education.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Mont. Admin. R. 10.66.204 Agreement

(1) Each candidate must have completed an individual education program agreement between the candidate and an authorized external diploma program center, delineating areas of concern for skill development, level of achievement, and a timeline for completion of the program.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83.

Mont. Admin. R. 10.66.205 Records

(1) An active file for each enrollee in the external diploma program will be maintained at the center. The individual education program, initial evaluation results and documentation of progress in the program will be retained in this file together with correspondence or other information pertinent to the individual and the external diploma program process.

(2) Upon successful completion of the external diploma program, and in accordance with the American council on education, an individual's permanent file will be established and maintained by the program.

(3) The office of public instruction will maintain individual external diploma records file prior to 1992. Verifiable requests for copies of the records will be served.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Mont. Admin. R. 10.66.206 Non-Completion of Program

(1) If an individual fails to complete the requirements within the provisions of the individual education program agreement, a new agreement may be negotiated between the individual and the external diploma center. Once an agreement is established, however, only the timelines should be considered for renegotiation unless extreme and unusual circumstances prevail, and documentation of those circumstances is provided to the center.

(2) If an individual withdraws from the program without notifying the external diploma program center after the expiration of the individual program agreement, the center must maintain the individual's active file for five years. Upon expiration of this waiting period, the program will destroy all records.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Mont. Admin. R. 10.66.207 Annual Report

(1) Approved programs will send the executive secretary of the board of public education a summary count of the number of external diplomas awarded during the calendar year. Reports are to be sent prior to February 28 of the previous year data.

History

Authorizing statute(s): Sec. 20-2-121(10) and 20-7-131, MCA
Implementing statute(s): Sec. 20-2-121(10), MCA
History: NEW, 1983 MAR p. 1249, Eff. 10/1/83; AMD, 1992 MAR p. 1476, Eff. 7/17/92.

Subchapter 10.66.3 State Diplomas

Mont. Admin. R. 10.66.301 State Diplomas

(1) The eligibility and qualifications for pursing a Montana proficiency-based diploma (state diploma) pursuant to 20-3-110, MCA, are as follows:

(a) An individual is eligible for a state diploma if that individual:

(i) is at least 17 years of age and otherwise would be eligible for admittance to school under 20-5-101, MCA; and

(ii) demonstrates, by a written communication from the individual's school district, that the individual is not capable of completing the school district's graduation requirements; and

(b) An eligible individual qualifies for a state diploma if that individual:

(i) completes a high school equivalency exam under ARM Title 10, chapter 66, subchapter 1 with a score at least 20% above the minimum passing score;

(ii) completes a program that includes a community-based mentorship for the individual and that the Superintendent of Public Instruction has determined meets the requirements of 20-3-110(1)(b), MCA; and

(iii) prepares a written plan for the individual's pathway to college or career readiness that has been approved by the mentor and the program under (1)(b)(ii).

(2) All state diplomas are issued by the superintendent, who may authorize the program under (1)(b)(ii) to present the diploma to an eligible individual.

(3) The superintendent is aware that these rules cannot cover all the special circumstances that can arise when determining whether an individual has demonstrated the requirements to receive a state diploma. Therefore, the superintendent may exercise judgment to issue a state diploma in unusual cases when the eligible individual has evidenced in writing specific facts that demonstrate the proficiency, perseverance, and dedication required by 20-3-110, MCA.

History

Authorizing statute(s): 20-3-110, MCA
Implementing statute(s): 20-3-110, MCA
History: NEW, 2022 MAR p. 829, Eff. 6/10/22.

Chapter 10.67 Policy Establishing State Aid Distribution Schedule for Public School Districts

Subchapter 10.67.1 Policy

Mont. Admin. R. 10.67.101 State Aid Distribution Schedule

(1) State equalization aid will be distributed pursuant to the provisions of section 20-9-344, MCA. The superintendent of public instruction shall distribute the state equalization aid on the basis of each district's entitlement of the aid as established by the superintendent of public instruction.

(2) The board of public education may not increase or decrease the state equalization aid distribution to any district on account of any difference that may occur during the school fiscal year between budgeted and actual receipts from any other source of school revenue.

(3) The first foundation program payment and guaranteed tax base aid payment must be based on an estimate of 20% of the entitlement of each district or county and must be distributed by July 15 of the school fiscal year.

(4) Each subsequent monthly payment must be at least 7% of the entitlement of each district or county.

(5) If a district or county receives more state equalization aid than it is entitled to, the county treasurer shall return the overpayment to the state upon the request of the superintendent of public instruction in the manner prescribed by the department of commerce.

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, 20-9-344, 20-9-346 MCA
Implementing statute(s): Sec. 20-9-344, 20-9-346 MCA
History: NEW, 1978 MAR p. 998, Eff. 7/15/78; AMD, 1988 MAR p. 1526, Eff. 7/15/88; AMD, 1990 MAR p. 1254, Eff. 6/29/90.

Mont. Admin. R. 10.67.102 Reporting and Accreditation Requirements

(1) The board of public education has the authority to require any reports it considers necessary.

(2) The board of public education may order the superintendent of public instruction to withhold distribution of state equalization aid or order the county superintendent of schools to withhold county equalization money from a district when the district:

(a) fails to submit reports or budgets as required by statute or by these rules; or

(b) fails to maintain accredited status.

(3) The board of public education shall require the reports or budgets set forth in the following provisions to be submitted to the board in a timely manner:

(a) 20-9-213, MCA;

(b) ARM 10.55.601.

(4) The board of public education shall require the reports or budgets set forth in the following provisions to be submitted to the superintendent of public instruction in a

timely manner:

(a) 20-3-205, MCA;

(b) 20-3-209, MCA;

(d) 20-4-110(3) , MCA;

(e) 20-4-402, MCA,

(f) 20-9-211, MCA;

(g) 20-9-212, MCA;

(h) 20-9-213, MCA.

(5) Prior to any proposed order by the board of public education to withhold distribution of state equalization aid or county equalization money, the district is entitled to a contested case hearing before the board of public education as provided in ARM 10.67.103.

(6) School districts shall be notified by the superintendent of public instruction of the dates upon which financial reports and budget statements must be provided to the superintendent. If the superintendent does not receive the reports within 35 days after initial notice to the district, the superintendent shall give written notice of the violation to the board. Upon receipt of a written notice of a violation, the board shall determine at a hearing held pursuant to ARM 10.67.103 whether or not a substantial reason exists to withhold funds.

(a) If the district has one report which is overdue, the board shall withhold up to 25 percent of the funds to which the district is entitled and shall give the district 90 days to cure the violation. If the violation has not been cured within 90 days, the board shall withhold up to 25 percent of the funds to which the district is entitled until the district cures the violation. At such time as the district cures the violation, the board shall release the withheld funds to the district.

(b) If the district has two reports which are overdue, the board shall withhold up to 50 percent of the funds to which the district is entitled and shall give the district 90 days to cure the violations. If the violation has not been cured within 90 days, the board shall withhold up to 50 percent of the funds to which the district is entitled until the district cures the violations. At such time as the district cures the violation, the board shall release the withheld funds to the district. Where the district has more than one pending violation, the board may release a proportionate amount of any withheld funds for each violation that is cured.

(c) If the district has three or more reports which are overdue, the board shall withhold up to 100 percent of the funds to which the district is entitled and shall give the district 90 days to cure the violation. If the violations have not been cured within 90 days, the board shall withhold

100 percent of the funds to which the district is entitled until the district cures the violation. At such time as the district cures the violations, the board shall release the withheld funds to the district. Where the district has more than one pending violation, the board may release a proportionate amount of any withheld funds for each violation that is cured.

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, 20-9-344, 20-9-346, MCA
Implementing statute(s): Sec. 20-9-344, 20-9-346, MCA
History: NEW, 1990 MAR p. 1254, Eff. 6/29/90; AMD, 1992 MAR p. 1142, Eff. 5/29/92.

Mont. Admin. R. 10.67.103 Notice and Opportunity for Hearing Upon Determination That District Has Failed to Submit Reports or Budgets

(1) On the basis of a preliminary notification from the superintendent of public instruction that a district has failed to submit required reports or budgets or has failed to maintain accredited status and has been designated as on deficiency status, the board of public education shall make a preliminary determination of whether or not a substantial reason exists to order the superintendent of public instruction to withhold distribution of state equalization aid or to order the county superintendent to withhold county equalization money from a district.

(a) If the board determines that no substantial reason exists to withhold funds, the matter is ended.

(b) If the board determines that there is a substantial reason to withhold funds, the board shall provide notice by certified mail of the pending action to the district. Such notice shall include:

(i) a statement of the time, place and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular sections of the statutes and the rules involved;

(iv) a statement of the matters asserted;

(v) a designation of who will hear the allegation;

(vi) a provision advising parties of their right to be represented by counsel at the hearing.

(c) The notice shall advise the district that it has the right to contest the proposed action of the board, and that it may do so by appearing at the hearing either through a representative of the school district or through counsel or by requesting the board to consider the matter on the basis of the available information without an appearance by a representative of the district.

(d) The board shall enclose with the notice an election form on which the district shall be asked to indicate whether it intends to appear at the hearing and contest the board's proposed action, contest the board's proposed action without appearing at the hearing, or accept the proposed withholding of funds without contesting it. The notice shall require the district to return the election form within twenty (20) days of the date on which the notice was mailed, and shall inform the district that failure to return the form in a timely manner will result in the withholding of funds by default.

(e) If the district does not return the completed election form within twenty (20) days or elects to accept the proposed withholding of funds without contesting it, the board shall order the equalization funds withheld at its next meeting.

(f) If the district elects to contest the proposed withholding of funds and complies with subsection (1) (d) of this rule, the board shall conduct a hearing.

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, 20-9-344, 20-9-346, MCA
Implementing statute(s): Sec. 20-9-344, 20-9-346, MCA
History: NEW, 1990 MAR p. 1254, Eff. 6/29/90.

Mont. Admin. R. 10.67.104 Hearing in Contested Cases

(1) The board shall select one of the following methods for providing a hearing:

(a) a hearing or telephone hearing before the board of public education at a special or regular meeting of the board;

(b) a hearing or telephone hearing before board member(s) who will report to the board proposed findings of fact, proposed conclusions of law and a proposed order; or

(c) a hearing or telephone hearing before a hearing examiner appointed by the board of public education who will report to the board proposed findings of fact, proposed conclusions of law and a proposed order.

(2) At the time and place set in the notice to the district, the chairperson of the board of public education or designated board member(s) or an appointed hearing examiner shall conduct the hearing in accordance with rules 9 through 21 of the attorney general's model rules for hearing contested cases, as found in the Administrative Rules of Montana.

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, 20-9-344, 20-9-346, MCA
Implementing statute(s): Sec. 20-9-344, 20-9-346, MCA, NEW, 1990 MAR p. 1254, Eff. 6/29/90.

Mont. Admin. R. 10.67.105 After Hearing by Member of Board/Hearing Examiner/Board of Public Education

(1) After hearing by the board of public education, the board adopts findings of fact, conclusions of law and an order either withholding equalization funds or permitting the disbursement of equalization funds to the district. The board shall enter its decision on its minutes and shall serve a copy by certified mail on the party adversely affected and on any other involved party.

History

Authorizing statute(s): Sec. 20-2-114, 20-2-121, 20-9-344, 20-9-346, MCA
Implementing statute(s): Sec. 20-9-344, 20-9-346, MCA
History: NEW, 1990 MAR p. 1254, Eff. 6/29/90.

Chapter 10.68 Policy Establishing Educational Media Library

Subchapter 10.68.1 Policy

Mont. Admin. R. 10.68.101 Educational Media Library

(1) The Board affirms a policy which will provide media materials that develop critical thinking, objective evaluations, and aesthetic appreciation suitable to the maturity level and ability of students.

(2) For purposes of Board approval or disapproval of the selection of educational media, the superintendent of public instruction shall prepare, subject to board approval;

(a) Definition of scope and purpose of the library,

(b) Establishment of selection criteria, and

(3) The determination of the educational effectiveness of instructional materials is the responsibility of the local school districts as addressed in the board of public education's administrative rule 10.55.404(2) "Each school district shall have written policies regarding the selection, use and evaluation of materials and services and procedures for handling challenged material. The selection and use of specific items of material, with the advice of the staff, are the responsibility of the local school board." If an interested person objects to a particular item of locally assigned instructional material as offensive on grounds of individual conscience, he/she should turn to the district officials. Such objection should not be considered a challenge to the existence of the material in the educational media library which serves the state of Montana.

(4) If an interested person wishes to challenge the existence of certain materials in the educational media library, the following procedures shall be followed:

(a) Such person shall be directed to the library media specialist;

(b) The library media specialist will invite the com-plainant to complete and return the "request form for re-evaluation of resources;"

(c) The completed questionnaire will be submitted by the library media specialist to a review committee consisting of the library media specialist, specialists) representing the subject area being challenged and the board representative;

(d) The review committee will examine the resources referred to, check the general acceptance of the resources through reviews, weight values and faults of the material and form an opinion based on the resource as a whole, and meet to discuss the resource to review the complainants' objections and prepare a report for the board decision;

(e) The decision of the board will be forwarded to the complainant, the state superintendent and members of the committee.

History

Authorizing statute(s): Sec. 20-2-121(8) MCA
Implementing statute(s): Sec. 20-2-121(8) MCA
History: NEW, 1984 MAR p. 1474, Eff. 9/1/85.

Chapter 10.75 Montana Indian Language Preservation (milp) Program

Subchapter 10.75.1 Guidelines

Mont. Admin. R. 10.75.101 Roles

(1) Within the Montana Indian Language Preservation (MILP) program, tribal governments receive MILP funds from the Office of Public Instruction (OPI) and designate the tribal education department, the tribal culture and language department, or the selected tribal entity, college, or language program to administer the grant objectives.

(2) Culture and language departments are unique in each tribal nation within Montana as most tribes have established a culture and language department in various forms within the college or tribal departments. Some tribes have established language immersion schools in their indigenous language. The MILP program can be facilitated by these various entities within the tribe at the discretion of the tribal government. The selected organization will opt into MILP and propose a language preservation plan, budget narrative, and outcomes as it pertains to the MILP program language through these guidelines and instituted through the Egrants system within the Office of Public Instruction overseen by the Language and Culture Specialist. The usage of the funds, and the development of their outcomes, will be monitored through the Egrants system and the OPI Language and Culture Specialist.

(3) Tribal governments may work with school districts as part of their language preservation efforts. Where there is an established partnership between tribes and school districts, language and culture specialists will adhere to the guidelines established by the tribe for the languages they oversee.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Mont. Admin. R. 10.75.102 Defining Indian Language Fluency

(1) "Fluency" is:

(a) the flow in spoken or written language as perceived by the listener or reader, with the flow made possible by clarity of expression, the acceptable ordering of ideas, and the use of vocabulary and syntax appropriate to the context; or

(b) general mastery of spoken or written language, easy and accurate, with few mistakes, and the ability to contribute to diverse discussions.

(2) Fluency is determined by each tribe's language and culture department via oral exam to ensure that speakers are able to converse in a variety of contexts and purposes.

(3) Montana Indian language fluency can be rated according to the following scale:

(a) Beginning.

(i) No memorization.

(ii) Speaker needs help and support to understand or say anything.

(b) Simple Basics.

(i) Very limited usage, mostly memorized.

(ii) Speaker needs help and support to understand or speak basic sentences.

(i) Beginning mastery, which requires significant effort and results in many mistakes.

(ii) Speaker understands and can say simple sentences.

(d) Ready Equipped.

(i) General mastery with easy and accurate communication with few mistakes.

(ii) Speaker understands and can say simple sentences.

(e) Fluent.

(i) General mastery with easy and accurate communication with few mistakes.

(ii) Speaker understands and can contribute to diverse discussions.

(f) Expert.

(i) Advanced/native mastery, with regular and accurate use of words that have multiple meanings.

(ii) Speaker understands and can converse about anything.

(4) Progress regarding Indian language fluency for a tribe will be tracked according to the following scale:

(a) Level One: The tribe has fewer than 10 fluent language speakers, no culture or language department, a beginning curriculum level, a lack of resources in support of language, no tribal education department, and no class 7 standards have been established.

(b) Level Two: The tribe has 10 to 50 language speakers and class 7s within the tribe, a language and culture department established, a class 7 resolution and guidance in place, developed intermediate curriculum level, developed a tribal education department, and tribal fluency standards are in progress.

(c) Level Three: The tribe has 50 or more language speakers and class 7s, a language and cultures department, a tribal education department, curriculum, fluency standards in place, and class 7 process is expanding.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Mont. Admin. R. 10.75.103 Program

(1) The governing bodies of each of Montana's eight tribal nations or community entities may execute a contract with the Office of Public Instruction for the Montana Indian Language Preservation (MILP) program.

(2) Tribal governments must enter into a contract with the Office of Public Instruction no later than February 1, 2024.

(3) Production of language products and implementation of product objectives must be incorporated into the overall contract between each tribal government and the Office of Public Instruction.

(4) A tribal resolution or its equivalent may accompany the application authorizing application to the program for the specified project.

(5) Tribal governments may enter into an agreement with a subrecipient, or designee, to transfer the responsibilities of administering part or whole of the program only with the prior approval of the Office of Public Instruction before subrecipient activities are performed.

(6) Grantees will document the number of students with early learning providers, the number of schools, and the number of adult education offerings. Grantees will show a documented 10% or greater increase in outreach to language learners over two years.

(7) Eligible uses of funds include:

(a) development of audio and visual recordings;

(b) creation of reference materials which may be audio, visual, electronic, and written format;

(d) language classes;

(e) publication of literature; or

(f) language programs, workshops, seminars, camps, and other presentations in formal and informal settings.

(8) Program funds will be equally distributed through a contract to each tribal government that successfully applies, and is approved, for the funds. If fewer than the eight recognized tribal governments successfully apply for the MILP funds, the remaining funds will be distributed equally among the tribal governments who successfully applied for the funds.

(9) Distribution of funds are governed by individual contracts between the Office of Public Instruction and each tribal government or community entity. The individual contracts must specify the method of distribution from the Office of Public Instruction to the tribal government, community entity, or its designee. Funds may be distributed directly to a designee if this is expressly noted in a subrecipient agreement and a designation of depository form is completed with account information.

(10) Tribal governments, community entities, or their designees must comply with applicable laws, rules, policies, and regulations concerning, but not limited to, human rights, civil rights, employment law, labor law, and contract law.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Mont. Admin. R. 10.75.104 Proposal and Contracting Timeline

(1) To be considered for MILP funding, tribal governments or community entities must submit their application by December 31 of the prior year through the Egrants online platform.

(2) Egrant applications must demonstrate how activities will meet the objectives of the program funding and the capacity of the organization to carry out the activities, including:

(a) a description of language and culture committees or any other groups involved;

(b) a description of the curriculum to be taught through courses, language programs, songs, and any other methods utilized to instruct future language speakers;

(c) a description of the role of language and culture specialists involved or otherwise partnering with the program participants;

(d) a description of any professional development activities provided through the program, including those which serve language and culture specialists;

(e) a designation of a tribal authorized representative to administer the program which must be a tribal education department or equivalent or, if the tribe does not have an education department, to another entity such as a tribal culture or language department or equivalent, including any resolution indicating partnerships with the tribes; and

(f) a program description which includes the following:

(i) an estimate of the current number of fluent speakers in the tribe;

(ii) plans to build multigenerational fluency through any plans to partner with early learning providers and adult education offerings; and

(iii) a proposed budget for the expenditure of funds received from MILP and any other funding sources.

(3) All language in program proposals are provided to, and approved by, the Office of Public Instruction.

(4) Each tribal government must execute a contract by February 1 of a year they are disbursed the funds. Project grantees are responsible for informing and assisting tribal or entity leadership and finance departments with obtaining signatures and required financial forms. Upon execution of the contract, tribal governments, community entities, or their designees may receive their first disbursement of funds.

(5) Any remaining funds that are unencumbered as of the first working day of January will revert to the successful applicants.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Mont. Admin. R. 10.75.105 Reporting

(1) Reports are required to be submitted to the Office of Public Instruction by the tribal government, community entities, or their designees including partnering school districts. An annual report will be required for the program which includes a start-up assessment, midterm progress report, and final program closeout report. Additional reporting and touch points may be needed for projects not meeting projected activity dates and deliverables.

(2) Site visits may be made by the OPI staff that coincide with report due dates. Site visits may include an initial site visit, a midterm progress visit, a final preparation visit, or any combination of these.

(3) MILP reports from tribes are due by November 20 of each year that funding is received.

(4) Tribal governments, community entities, or their designees must submit written reports on:

(a) expenditures which compare budgets and expenses;

(b) overall program progress in relation to timelines and tangible goods;

(i) number of participants and speakers approaching fluency

(ii) leveraged resources which may include cash or in-kind services (office space, meeting space, vehicle use, pro bono representation, volunteer support, etc.); and

(d) administration and maintenance of long-term language preservation strategic plan.

(5) The Office of Public Instruction will report on the activities of MILP to the Legislature throughout the course of the program. These reports will include:

(a) the current MILP guidelines;

(b) a summary of the program activities of each participating tribal government; and

(6) Tribes may seek data from immersion schools, tribal colleges, community and virtual classes, and any other means that were impacted by the MILP funds.

(7) If a tribe chooses to partner with a local school district, a letter of commitment or memorandum of understanding from the school district should be submitted along with the application.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Mont. Admin. R. 10.75.106 Administrative Procedures and Requirements

(1) Recipients must use an accounting system that conforms to Generally Accepted Accounting Principles (GAAP), in accordance with 18-4-311, MCA.

(2) Payment for approved expenses under the contract will be paid in a single lump sum after receipt of the following required forms:

(a) W-9 Form;

(b) electronic deposit form;

(d) subrecipient agreement form, if funds are to be deposited directly with a designee; and

(e) expenditure and progress reports and any requested follow-up information submitted to and accepted as sufficient by the Office of Public Instruction.

(3) Any additional project payments for additional deliverables will be identified in amended contracts with the grantees.

(4) If unexpected funds have the potential of reverting to the general fund during the fourth quarter of the state's fiscal year, which begins April 1, the Office of Public Instruction may contract directly with an established subrecipient in an amount proportionate to the unexpended funds.

(5) Contracts that are funded are subject to disclosure, in response to requests received under provisions of the Montana Constitution (Article II, Section 9). Information that could reasonably be considered proprietary, privileged, or confidential in nature should be identified as such in the contract.

(6) In performing the work on the project, the grantee must comply with all applicable tribal, state, federal, and local laws, ordinances, and regulations, including any necessary cultural review, and obtain all permits, licenses, etc., required to perform the project. If the program funds are used in conjunction with funds from federal sources, compliance with additional federal regulations and laws may apply.

(7) The grantee must return to the Office of Public Instruction all funds that are determined by the Office of Public Instruction to have been spent in violation of the grant contract. In addition, any reports mentioned in this subchapter that have not been received by the Office of Public Instruction will result in the grantee being denied approval to receive funds for the following year. If the work or the project is determined to not have been performed or completed as contracted, the Office of Public Instruction reserves the right to declare a default on the contract and demand all funds of the contract be returned to the Office of Public Instruction.

(8) Any requested changes to the original scope of work or budget adjustments must be submitted in writing to the Office of Public Instruction. The Office of Public Instruction will determine if the request aligns with the program guidelines which includes all requirements noted in this rule.

History

Authorizing statute(s): 20-9-537, MCA
Implementing statute(s): 20-9-537, MCA
History: NEW, 2023 MAR p. 1086, Eff. 9/23/23.

Chapter 10.101 Organizational and Procedural Rules (state Library Commission)

Subchapter 10.101.1 Organizational Rule

Mont. Admin. R. 10.101.101 Agency Organization

(1) The State Library Commission consists of five members appointed by the Governor for three-year terms and the state Superintendent of Public Instruction or their designee and a librarian appointed by the Commissioner of Higher Education from the Montana university system. The commission annually elects a chair from its membership. It employs as its executive officer a state librarian who is not a member of the commission, and who performs duties assigned by the commission.

(2) The State Library provides library service at the state level, serving state government, local libraries, and federations; promotes the development of adequate libraries throughout the state; provides library service to persons with visual and physical disabilities; expends funds available from federal, state, and private sources for the purpose of fostering library development and for the purpose of fostering geographic information services; administers the Montana State Government Depository Program; and provides for a comprehensive program for the acquisition, storage, and retrieval of geospatial data and data related to the natural resources of Montana.

(3) Advisory committees are established by the state librarian and in accordance with 90-1-405 and 90-15-201, MCA. They act only in advisory capacity and have no policy-making authority.

(4) Inquiries regarding the functions of the State Library shall be addressed to the state librarian.

(5) The following chart depicts the organization of the State Library.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 2/1/78; AMD, 9/30/84; AMD, 1987 MAR p. 1622, Eff. 9/25/87; AMD, Eff. 6/30/90; AMD, 1993 MAR p. 2783, Eff. 11/25/93; AMD, 1997 MAR p. 1991, Eff. 11/4/97; AMD, 2015 MAR p. 816, Eff. 5/1/15; AMD, Eff. 10/26/23; AMD, Eff. 7/31/24; AMD, Eff. 7/1/25.

Subchapter 10.101.2 Procedural Rules

Mont. Admin. R. 10.101.201 Incorporation of Model Rules

(1) The state library commission has adopted the attorney general's model rules of administrative procedure, as set forth in ARM Title 1, chapter 3, with the proviso that a hearing on denial of an application for a grant of Library Services and Technology Act funds may be conducted under the commission's rule ARM 10.101.202, or in the alternative, under the model rules of contested case hearing.

History

Authorizing statute(s): Sec. 2-4-202, 22-1-103, MCA
Implementing statute(s): 2-4-202, 22-1-103, MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 1/1/78; AMD, 2003 MAR p. 8, Eff. 1/17/03.

Mont. Admin. R. 10.101.203 Guidelines for Public Participation

(1) Except for financial exigencies, the commission shall meet six times during each calendar year, at approximately equal intervals, and at such other times as may be appropriate. Special meetings may be called by the chair or at the request of two members. An agenda for each regular meeting shall be prepared by the state librarian in consultation with the chair and will be distributed in advance, with supporting documents to the members.

(2) Agendas are available to the public from the office of the state librarian. Supporting documents may be requested from that office. Each commission agenda shall provide an open time for the public to address the commission.

History

Authorizing statute(s): Sec. 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 1/1/78; AMD, 1987 MAR p. 1624, Eff. 9/25/87; AMD, 1997 MAR p. 1991, Eff. 11/4/97.

Mont. Admin. R. 10.101.206 Appeals Process for Denial of a Grant

(1) Any person or group submitting a proposal for grant funds to the Montana state library commission shall have the right to appeal if the proposal is not funded. The request for the appeal shall be made to the Montana State Librarian at 1515 E. Sixth Ave., Helena, MT 59620 (406) 444-3115 within 12 working days of receipt of the letter denying the grant.

(2) Upon receiving a notice of appeal, the state librarian, acting on behalf of the commission, shall convene an independent review committee. The committee shall be composed as follows:

(a) a representative named by the appellant who is not from the appellant's library or governing authority;

(b) a representative chosen by the chair of the commission, who is not a commission member; and

(c) a representative from the library community who is not connected to the appellant, named by the president-elect of the Montana library association.

(3) The independent review committee shall hear the appeal based on procedures which it shall determine. Both the appellant and the state librarian shall have equal opportunity to present testimony either in writing or orally and to respond to points raised by the other party. The independent review committee shall make its findings and recommendations to the Montana state library commission which shall take final action on the appeal. The commission can affirm, deny, or modify the recommendations of the independent review committee.

(4) The state librarian, upon final determination of the appeal by the commission, shall notify the appellant in writing. This notice shall conclude the appeals process.

History

Authorizing statute(s): Sec. 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 1987 MAR p. 1622, Eff. 9/25/87; AMD, 2003 MAR p. 8, Eff. 1/17/03.

Chapter 10.102 Substantive Rules (state Library Commission)

Subchapter 10.102.11 Public Library Development

Mont. Admin. R. 10.102.1155 Annual Statistical Report

(1) The commission, in setting up minimum standards of free public library service and in certifying such libraries for state monies shall require the filing of an annual statistical report.

(a) This annual report may include such types of information as the Montana State Library commissioners shall deem necessary.

(b) In no instance shall the commission require new cumulations of statistical data without providing to each affected public library, 60 days prior to the beginning of the period of which information will be collected, notice of the commission's intention to require such cumulations as part of the annual report.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, 22-1-326, 22-1-327, 22-1-328, 22-1-329, 22-1-330, 22-1-331, MCA
History: NEW, 1999 MAR p. 2626, Eff. 11/19/99; AMD, 2006 MAR p. 1571, Eff. 6/23/06.

Mont. Admin. R. 10.102.1156 Effective Date

(1) In order to give all public libraries time to meet these standards, ARM 10.102.1158 through 10.102.1162 will become effective on July 1, 2022.

(2) The effective date for certification requirement of ARM 10.102.1158 through 10.102.1162 is July 1, 2023.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 1999 MAR p. 2626, Eff. 11/19/99; AMD, 2006 MAR p. 1571, Eff. 6/23/06; AMD, 2021 MAR p. 1138, Eff. 7/1/22.

Mont. Admin. R. 10.102.1158 Library Board, Governance, and Working with the Director

(1) A public library is defined at 22-1-301(3), MCA, established in Title 7, MCA, or an accredited tribal college library that provides service to the public. All libraries must comply with the standards set forth in ARM Title 10, chapter 102, subchapter 11.

(2) The public library board shall meet at least six times a year and shall comply with Montana's open meeting laws.

(3) The public library board members shall learn about the services the library provides to users, the role of the board in providing administrative and financial oversight, and the role of the board in planning for new services for users.

(4) The public library board shall receive at least three hours of continuing education each year.

(5) The public library board shall understand the revenue sources that fund the library, the budgeting process, and shall adopt an annual budget for the library.

(6) For a public library defined at 22-1-301(3), MCA, and created under Title 7, MCA, at least 70% of the revenue shall be derived from local tax revenues. Grants, donations, and other revenue sources supplement but do not supplant local tax support. For an accredited tribal college library that serves tribal members, the tribal council shall recognize and support the efforts of the library to obtain funding.

(7) Public library boards and directors shall identify the requisite financial resources necessary to provide adequate library services pursuant to the library's mission and shall regularly communicate with community and local government leaders about financial needs and ability to meet community needs.

(8) The public library board, in consultation with the director, shall identify in writing what they want to accomplish in the next three to five years, and that plan shall be focused on meeting community needs. The board and director shall annually review their plan and progress made.

(9) The public library board shall adopt emergency response plans that ensure the safety of the public and staff as the primary priority.

(10) The public library director or designee shall submit the Montana Public Library Annual Statistical Report to the Montana State Library. The public library board and director shall annually review public library statistics.

(11) The public library board shall adopt and regularly review policies that reflect the mission, objectives, and goals of the public library. The policies shall govern use of the public library, its materials, and services. No single policy may exist more than four years without review.

(12) The public library board and director shall be familiar with the most current Public Library Standards Road Map maintained by the Montana State Library.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2021 MAR p. 1138, Eff. 7/1/22; AMD, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2024 MAR p. 605, Eff. 3/23/24.

Mont. Admin. R. 10.102.1159 Serving the Community

(1) The library is open during convenient hours. On average, the library is open the following number of hours weekly, as reported by the library in the annual public library survey:

(2) Everyone has safe, comfortable, and convenient access to the library and its services.

(3) Everyone has access to updated and regularly maintained physical and digital library content and services.

(4) Everyone can find library materials online.

(5) Everyone has access to virtual and face-to-face programming.

(6) Everyone has access to information about local community and government activities that assists them with understanding local community issues and allows them to engage civically in the community.

(7) Children and caregivers have access to early literacy programming and materials either through the library or by being directed to another community organization that specializes in early literacy.

(8) Everyone has access to information about library programs and services through internal and external marketing efforts of library staff.

(9) Everyone has access to a library website or social media site.

(10) Everyone can obtain materials and services from another library through interlibrary loan services.

(11) Everyone has access to the Internet via wired and WIFI connections.

(12) Reasonable accommodations are made so that people with disabilities have access to the library's services.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2021 MAR p. 1138, Eff. 7/1/22; AMD, 2026 MAR, Notice No. 2025-255, Eff. 7/1/26.

Mont. Admin. R. 10.102.1160 Personnel

(1) Staff members are offered health insurance according to local policy.

(2) Staff members are offered retirement benefits according to local policy.

(3) The board adopts a sufficient budget for continuing education.

(4) During 90% of open hours, paid staff are available to assist users.

(5) Staff have the tools and training they need to perform their work.

(6) The director is or will be certified by the Montana State Library within the required timeframe mandated by the certification program adopted by the Montana State Library Commission.

(a) The purpose of the certification program is to ensure library directors have the foundational skills necessary to manage a public library that meets standards set forth in ARM Title 10, chapter 102, subchapter 11, Public Library Development.

(b) A course of study will be reviewed by the commission annually for approval at its final meeting of the state fiscal year.

(c) Continuing education credits issued through the State Library certification program are the only eligible credits that can be applied to certification.

(d) The certification program will be reviewed on a regular schedule with no more than ten years between reviews.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2021 MAR p. 1138, Eff. 7/1/22; AMD, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2026 MAR, Notice No. 2025-218, Eff. 7/1/26.

Mont. Admin. R. 10.102.1161 Standard Notification, Final Arbiter, and Appeal Process

(1) The State Library will notify libraries of any proposed changes to the standards at least six months before requiring libraries to implement standards.

(2) Any library shall have the right of appeal. The request for the appeal shall be made to the state librarian using the contact methods indicated on the State Library's website. Appeals must be made within 12 days of the receipt of notification denying payment.

(a) Upon receiving a notice of appeal, the state librarian, acting on behalf of the commission, shall convene an independent review committee. The committee shall consist of:

(i) a member named by the appellant who is not a member of the appellant's library staff, library board, or city or county commission;

(ii) a member chosen by the chair of the State Library Commission, who is not a commissioner or a state library staff member; and

(iii) a member from the library community who is not affiliated with the appellant's library, the State Library Commission, or state library staff, named by the president-elect of the Montana Library Association.

(b) The independent review committee shall hear the appeal based on the following procedures:

(i) Both the appellant and the State Library shall have equal opportunity to present testimony, either in writing or orally, and to respond to points raised by the other party.

(ii) The independent review committee shall make its findings and recommendations to the Montana State Library Commission, which shall take final action on the appeal.

(d) The state librarian, upon final determination of the appeal by the commission, shall notify the appellant in writing. This notice shall conclude the appeals process.

(e) Neither the independent review process nor any subsequent review and decision process of the commission is a contested case, and common law and statutory rules of evidence do not apply to these proceedings.

(3) For any questions arising because of ARM 10.102.1158 through 10.102.1162, the final arbiter is the State Library Commission.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2021 MAR p. 1138, Eff. 7/1/22.

Mont. Admin. R. 10.102.1162 Deferrals

(1) Any library may request, in writing, a waiver from the state librarian by July 25 of each year.

(a) The state librarian may grant a waiver of any of the standards in ARM 10.102.1158 through 10.102.1162 if the library:

(i) explains why the standard(s) is not being met; and

(ii) provides a compliance plan by which the library will meet the standard(s).

(b) State Library staff will work with the library director to decide upon a timeline for achieving the standard(s). The state librarian shall make the final decision on the amount of time the library has to comply with the standard(s) and will notify the library requesting the waiver of the decision by letter by October 1.

(2) Any library may request a one-year extension of the waiver from the state librarian in writing by July 25 of each year. The library shall provide the state librarian with an updated compliance plan with an explanation of why they cannot meet the standard(s).

(3) The state librarian may grant an extension for one year only. No further extensions will be granted.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2021 MAR p. 1138, Eff. 7/1/22.

Subchapter 10.102.36 Public Library Grants

Mont. Admin. R. 10.102.3604 Arbitration of Disputes Within Federations

(1)

(a) Any disagreement among participants in a library federation regarding the application for or apportionment or utilization of funds or grants received from the commission shall be referred in writing by any participating library or entity to the state librarian.

(b) The state librarian shall assign a member of the state library staff to investigate the disagreement and to prepare a staff report to the commission with a proposed decision.

(c) When the staff report and proposed decision are completed, copies shall be sent to the disputing participants in the federation and the matter placed on the agenda of the next commission meeting.

(d) The commission shall proceed to hear the parties and staff in accordance with the procedures set forth in ARM 10.101.206, and render a decision.

History

Authorizing statute(s): Sec. 22-1-103(5) MCA
Implementing statute(s): 22-1-103(5) MCA
History: NEW, 1978 MAR p. 509, Eff. 4/25/78; AMD, 1996 MAR p. 1374, Eff. 5/24/96.

Mont. Admin. R. 10.102.4001 Resource Sharing

(1) The Commission has established a statewide interlibrary resource-sharing program (hereinafter resource-sharing program) to support and facilitate resource-sharing among libraries in Montana. The resource-sharing program consists of those library services provided to participating libraries pursuant to the Group Services Contract between the Montana State Library and OCLC Online Computer Library Center, Inc., and the services provided to participating libraries through the licensing and maintenance of the Montana Shared Catalog. Fifty percent of the funds appropriated by the Legislature for the resource-sharing program shall be allocated to pay a portion of the cost of the Group Services Contract between the Montana State Library and OCLC Online Computer Library Center, Inc. The remaining 50 percent of the funds appropriated by the Legislature for the resource-sharing program shall be allocated to pay a portion of the ongoing cost of licensing and maintaining the Montana Shared Catalog for participating libraries. The latter funds shall not be used for the purpose of offsetting the cost of adding new-member libraries to the Montana Shared Catalog.

History

Authorizing statute(s): 22-1-330, MCA
Implementing statute(s): 22-1-328, MCA
History: NEW, 1989 MAR p. 1844, Eff. 11/10/89; AMD, 1991 MAR p. 2604, Eff. 12/27/91; AMD, 1998 MAR p. 3104, Eff. 11/20/98; AMD, 2006 MAR p. 2405, Eff. 10/6/06; AMD, 2010 MAR p. 1074, Eff. 4/30/10.

Mont. Admin. R. 10.102.4002 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) "Additional population" means the population count that is to be credited to each public library based on the proportion of that municipality's population to the total population of the county.

(2) "Additional square miles" means the number of square miles credited to each public library based on the proportion of that municipality's population to the total population of the county.

(3) "Leftover population" means the population count remaining in each county after the population counts of each municipality with library service are subtracted.

(4) "Leftover square miles" means the number of square miles left in each county after the square miles of each municipality with public library service are subtracted from the total number of square miles in the county.

(5) "Population" means those official, final figures from the most recent decennial census of population produced by the U.S. Census Bureau.

(6) "Public library" is defined at 22-1-301(3), MCA, established in Title 7, MCA, or an accredited tribal college library that provides services to the public. All libraries must comply with the standards set forth in ARM Title 10, chapter 102, subchapter 11.

(7) "State funding" means state aid per capita funding and funding received through a library federation. To receive state funding, libraries must meet the public library standards set forth in ARM 10.102.1158 through 10.102.1161 or be granted a deferral as set forth in ARM 10.102.1162.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2024 MAR p. 605, Eff. 3/23/24.

Mont. Admin. R. 10.102.4003 Direct State Aid to Public Libraries for Per Capita and for Per Square Mile Served

(1) The per capita portion of the direct state aid to public libraries will be distributed annually based on the following:

(a) In counties which have county-wide library service from one public library, or in which only one municipal public library exists, the most recent decennial census figure will be multiplied by the amount of state aid available per capita in each year.

(b) In each county with more than one municipal public library, the following procedure will be employed:

(i) The population counts of all municipalities with public libraries are added together and subtracted from the total county population resulting in the leftover population figure.

(ii) Each year all monies received by these libraries from the county commission are added together; each year each library's total is divided by the total amount received by all the libraries to determine the percentage of money given to each library by the county.

(iii) The leftover population figure is multiplied by the percentage of money each library receives from the county in order to determine the additional population figure which will be credited to each library.

(iv) The municipal population and additional population figures are added together to determine the total population which will be credited to each library.

(v) For each library the total population credited to each library is multiplied by the amount of per capita state aid available in each year to determine the total per capita support.

(vi) In the case of counties in which no county aid is provided to municipal libraries, the additional population credited to each library is based solely on the ratio of each municipal library's service area population to the total county population.

(vii) In the case of counties in which only one of two or several municipal libraries receives county aid, the library receiving county aid is credited with the entire county population exclusive of the population present in the service area populations of any other municipal libraries.

(viii) The population counts of legally annexed areas, as determined by the latest decennial U.S. census, will be credited to the municipality annexing the area the year following the annexation.

(2) The per square mile portion of the direct state aid to public libraries will be updated during the decennial census process and distributed annually based on the following:

(a) In counties which have county-wide library service from one public library, or in which only one municipal public library exists, the total square miles of each county will be multiplied by the amount of state aid available per square mile in each year.

(b) In each county with more than one municipal public library, the following procedure will be employed:

(i) The number of square miles of all municipalities with public libraries are added together and subtracted from the total number of square miles in the county to determine the leftover square miles.

(ii) The population counts of all municipalities with public libraries are added together, and each library's population is divided by the total county population to determine the percentage of the county population credited to each library.

(iii) The leftover square miles figure is multiplied by the percentage of the county population credited to each library in order to determine the additional square miles to be credited to each library.

(iv) Each municipality's square miles are added to their appropriate additional square miles to determine the total square miles credited to each library.

(v) For each library the total square miles credited to each library is multiplied by the amount of per square mile state aid available in each year to determine the total per capita support.

(c) Annually, MSL staff will consult with the Governor's Office of Budget and Program Planning and use its collected tribal enrollment number. If an accredited tribal college library serving the public qualifies for state aid, their tribal enrollment number will be multiplied by the per capita amount of state aid. The resulting total for all eligible accredited tribal college libraries will then be subtracted from the overall state aid budget allocated for eligible public libraries. The remaining state aid will be distributed annually, guided by the criteria set forth above.

(3) In the case of library districts which are not defined by municipal or county boundaries, but by boundaries such as school districts, both the per capita and the per square mile state aid will be distributed using the appropriate boundaries and population figures as if they were municipal or county boundaries and counts.

(4) In each county which has no public libraries, the State Library will contact the county commission indicating that the county will qualify for per capita and per square mile state aid if the county commission establishes county-wide library service as provided for in state statute, or if the county commission contracts for library services with another county or municipal library as provided for in state statute. If such means are not established within a six-month period following written notice received from the State Library, the state aid which would have gone to the county will be allotted to the federation in whose area this county is located.

(5) For any questions arising because of this rule, the final arbiter is the State Library Commission.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 1991 MAR p. 2604, Eff. 12/27/91; AMD, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2024 MAR p. 1578, Eff. 7/6/24.

Subchapter 10.102.51 Federation Areas

Mont. Admin. R. 10.102.5101 Description of Federation Areas and Headquarters

(1) A list of federation areas and headquarters libraries is available without charge from the Montana state library.

History

Authorizing statute(s): Sec. 22-1-103(9), MCA
Implementing statute(s): Sec. 22-1-103(9), MCA
History: NEW, Eff. 1/1/78; AMD, 1986 MAR p. 1506, Eff. 9/12/86.

Mont. Admin. R. 10.102.5102 Allocation of Funding Between Federations and Grant Programs

(1) At its first meeting following receipt by the library commission of the estimate of the appropriation to public library federations the commission shall allocate all funds received to library federations according to the following formulas:

(a) Before funds are allocated among federations, the travel expenses for federation coordinators will be estimated and subtracted off the top of the funds federations receive. Each federation will receive travel funds for its coordinator. The remaining portion of the appropriation allocated to library federations shall be distributed among the six federations according to the following formula: 50 percent of the first $250,000 shall be divided equally among the six federations and 50 percent shall be allocated on the basis of population within the six federations.

(b) Any appropriation in excess of $250,000 shall be divided according to the following formula: 20 percent of the remainder shall be allocated equally among the six federations. 80 percent of the remainder shall be allocated among the six federations on the basis of population.

(2) The state library commission has the responsibility and authority to approve federation plans of service and to approve or deny funding for the components of the plans of service.

(a) A federation and individual member libraries of a federation may not receive a distribution of appropriated funds from the state library commission until the federation's annual plan of service for federation activities is approved by the commission.

(b) Following approval of a federation's plan of service, the state library commission, through the state library, will distribute appropriated funds to libraries that are members of the federation according to the federation's approved plan of service.

(i) it was not prepared according to the procedures and forms established by the state library commission; or

(ii) it does not address the authorized purposes and/or priorities as established by the state library commission to implement its state long range plan for libraries.

(3) Each federation's annual plan of service shall be based upon direction given by the state library commission from its consideration of the state long range plan for libraries. The annual plan of service is submitted to the state library each spring for consideration and action by the state library commission. Changes or appeals related to the plans of service are acted upon by the state library commission in May and June of each year.

(4) Each federation member shall expend the federation funds according to the purposes stipulated in the federation's plan of service. Each member shall annually report how the funds were used for the stated purposes to the federation coordinator and a copy of the report will be provided to the state library commission. If the federation member does not use funds as set forth in the annual plan of service, the federation coordinator shall notify the state library commission within 30 days.

(5) If a federation member does not use funds in accordance with the proposals set forth in the annual plan of service, then the member will be notified by the state library commission and the member shall return the funds to the state library commission within 60 days. The state library commission shall revert such funds to the appropriate state account.

(6) Each federation shall ensure equal opportunity for representation of its member libraries and shall have approved bylaws that shall address approval procedures for the annual plan of service, proxy voting, quorum requirements and other procedural matters necessary for conducting federation business.

(7) An appeals process shall be available for any federation that is denied funding or for any member library that is required to revert funds. This appeals process shall follow the appeals process for denial of a grant as set forth in ARM 10.101.206.

History

Authorizing statute(s): 22-1-103, 22-1-413, MCA
Implementing statute(s): 22-1-413, MCA
History: NEW, 1986 MAR p. 1506, Eff. 9/12/86; AMD, 1996 MAR p. 1374, Eff. 5/24/96; AMD, 2003 MAR p. 8, Eff. 1/17/03; AMD, 2004 MAR p. 1210, Eff. 5/21/04; AMD, 2010 MAR p. 1074, Eff. 4/30/10.

Mont. Admin. R. 10.102.5105 Joining Library Federations

(1) Libraries eligible to join federations include any public, school, special, college, tribal, or university library.

(2) Each member of the federation shall designate one person to serve as a voting delegate to the federation. Delegates shall establish in the federation bylaws the size and the composition of the federation board of trustees.

(a) The majority of the board shall be public library trustees and the board shall have at least one representative from each type of library that participates in the federation;

(b) At the spring meeting, the federation delegates shall elect the board members according to federation advisory board bylaws.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, 22-1-328, 22-1-330, 22-1-331, 22-1-402, 22-1-404, 22-1-413, MCA
History: NEW, 2000 MAR p. 2016, Eff. 7/28/00; AMD, 2010 MAR p. 1074, Eff. 4/30/10.

Mont. Admin. R. 10.102.5106 Base Grants

(1) The commission receives a legislative appropriation to fund the base grants. The total distribution per federation shall remain the same as in FY 1998 unless the legislative appropriation changes.

(2) After receiving recommendations from the advisory board, the federation shall distribute the base grants in two ways:

(a) The federation may use the grants to fund federation projects that maintain or improve cooperative library services and activities; or

(b) The federation may also allocate base grants to public libraries to support the cooperative activities and services of the federation.

(i) The federation shall direct these grants to meet the following objectives:

(A) to increase the amount and quality of unique library resources in the federation and state. Libraries may purchase library materials to accomplish goals established in the federation or state's collection development plan;

(B) to increase the online availability of local bibliographical information. Libraries may purchase subscriptions to bibliographic databases, add and maintain holdings in these databases, and purchase the necessary equipment and software;

(C) to increase the visibility of libraries in the federation or state. Libraries may use base grants to promote or market libraries through a group project involving more than one library in the federation;

(D) to increase the work-related knowledge, skills, and abilities of library staff and trustees. Libraries may use base grants to support education opportunities and to share this education with other federation members; or

(E) to support other objectives that enhance the cooperative activities and services of the federation.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, 22-1-328, 22-1-330, 22-1-331, 22-1-402, 22-1-404, 22-1-413, MCA
History: NEW, 2000 MAR p. 2016, Eff. 7/28/00; AMD, 2010 MAR p. 1074, Eff. 4/30/10.

Subchapter 10.102.70 Real Time Network

Mont. Admin. R. 10.102.7001 Introduction

(1) The following rules apply to the administration of a state reference network to provide real-time geospatial location data from any location within the network.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2023 MAR p. 1858, Eff. 12/23/23.

Mont. Admin. R. 10.102.7002 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) "Contributing organization" means an individual or organization that contributes equipment, equipment maintenance, network connectivity, or other comparable service to the state reference network of value equal to or greater than cost of an individual subscription rate. Contributing organizations may receive credit for multiple logins based on the value of the contributions to the state reference network as established in a contributing organization agreement.

(2) "Contributing organization agreement" is an agreement between the Montana State Library and a contributing organization that depicts the value of the contribution and any credit the contributing organization will receive.

(3) "Educational use" means any use directly related to learning, teaching, training, research, and development that is part of the instructional functions performed by a qualified educational institution and, in the case of students, uses related to learning, training, research or development. "Educational use" does not include commercial, professional, or any other for-profit purposes.

(4) "Educational use agreement" is a document between the Montana State Library and a faculty member of a Montana K-12 school, college, or university that documents the project, number of logins required, and period required to complete the project.

(5) "Login" is a username and password that is licensed to access the state reference network. A login is associated with an individual or an organization.

(6) "Operating funds" means the amount of revenue necessary to operate the state reference network for the upcoming biennium.

(7) "State reference network" means a real time positioning network operated by the Montana State Library.

(8) "Subscription rate" means the annual cost per login.

(9) "Total logins" means the count of current logins as of December 1 of each even-numbered year plus an estimate of new logins in the coming biennium, minus the number of logins for contributing organizations.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2023 MAR p. 1858, Eff. 12/23/23.

Mont. Admin. R. 10.102.7003 Determination of Operating Funds and Rate Setting Process

(1) Each even-numbered year the State Library, in consultation with the Governor's Office of Budget and Program Planning, will determine the amount of operating funds necessary to operate the state reference network in the forthcoming biennium.

(2) The subscription rate will be set in accordance with procedures set forth by the Office of Budget and Program Planning.

(3) By January 1 of each odd-numbered year, the State Library will publicize the new rate.

(4) New subscription rates take effect July 1 of each odd-numbered year.

History

Authorizing statute(s): 22-1-103, MCA
Implementing statute(s): 22-1-103, MCA
History: NEW, 2023 MAR p. 1858, Eff. 12/23/23.

Subchapter 10.102.81 Depository Procedures for State Documents

Mont. Admin. R. 10.102.8103 Rules for the Montana State Library

(1) The Montana State Library shall follow the State Publications management plan as adopted by the Montana State Library Commission.

(2) The Montana State Library shall review the State Publications management plan biannually and update it as appropriate.

History

Authorizing statute(s): 22-1-212, MCA
Implementing statute(s): 22-1-212, MCA
History: NEW, 2018 MAR p. 2496, Eff. 12/22/18.

Mont. Admin. R. 10.102.8104 Rules for Depository Libraries

(1) Depository libraries from their website shall provide no charge access to state government information including digitized state publications and the archived collection of state agency websites provided by the Montana State Library.

(2) Depository libraries that are members of the Montana Shared Catalog shall include the State Government Information Center (SGIC) as part of the catalog search profile.

(3) Depository libraries not members of the Montana Shared Catalog shall load MARC catalog records provided by the Montana State Library for state publications into their local catalog.

(4) Depository library staff shall attend online training once every two years provided by the Montana State Library on providing access and reference service for state government information.

(5) Each depository library shall promote itself as a state government information center using promotional materials provided by the Montana State Library.

(6) Directors of depository libraries shall designate a staff person as a point of contact and provide the point of contact information to the state library.

(7) Depository libraries shall notify the state library should they wish to leave the depository library program.

History

Authorizing statute(s): 22-1-212, MCA
Implementing statute(s): 22-1-212, MCA
History: NEW, 2018 MAR p. 2496, Eff. 12/22/18.

Mont. Admin. R. 10.102.8105 Rules for State Agencies

(1) State agencies shall post state publications to their publicly accessible websites. State publications should remain posted for a minimum of 90 days.

(2) State agencies shall notify the state library of new domain names that are outside of mt.gov and part of the state Domain Name System (DNS).

History

Authorizing statute(s): 22-1-212, MCA
Implementing statute(s): 22-1-212, MCA
History: NEW, 2018 MAR p. 2496, Eff. 12/22/18.

Subchapter 10.102.91 Montana Land Information Act

Mont. Admin. R. 10.102.9101 Introduction

(1) The following rules define the development of a geospatial information plan, the application and granting processes, the grant monitoring process, and the process for coordination of technological standards for creating geospatial information as provided in 90-1-404, MCA.

History

Authorizing statute(s): 90-1-413, MCA
Implementing statute(s): 90-1-404, MCA
History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS, from ARM 2.12.301, 2013 MAR p. 2420, Eff. 12/27/13; AMD, 2023 MAR p. 1858, Eff. 12/23/23.

Mont. Admin. R. 10.102.9102 Definitions

In addition to the definitions found in 90-1-403, MCA, the following definitions apply:

(1) "Council" means the Montana Geospatial Information Advisory Council as defined in 90-1-405, MCA.

(2) "Grant criteria" mean any specific grant conditions set forth by the state library, with the advice of the council, pertaining to subject matter of grant applications, applicable standards, submittal of applications, or other conditions that define the nature of applications that will be accepted.

(3) "Montana spatial data infrastructure" or "MSDI" means digitally formatted geospatial information, policies, best practices, and data products that are identified by the council as necessary to meet the geospatial information needs of the state of Montana and its citizens. The MSDI can and does include data themes identified in the National Spatial Data Infrastructure and where collaborative opportunities exist, presents an opportunity to support framework data for the nation.

(4) "State agency" means any entity of the executive branch, legislative branch, or judicial branch, including, without limitation, the university.

(5) "Statement of work" means a description of scope of a project including any background statements, a comprehensive listing of responsibilities for buyers and sellers, deliverables and their schedules, acceptance criteria, and special terms and conditions of performance.

(6) "Theme stewards" means those agencies or organizations recognized by the council as having responsibility for leading and promoting geospatial information, geospatial technology, and/or geographic information systems (GIS) that are considered part of the Montana spatial data infrastructure.

History

Authorizing statute(s): 90-1-413, MCA
Implementing statute(s): 90-1-404, MCA
History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.302, 2013 MAR p. 2420, Eff. 12/27/13; AMD, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2024 MAR p. 605, Eff. 3/23/24.

Mont. Admin. R. 10.102.9104 Geospatial Information Plan

(1) A geospatial information plan will be developed to meet the purpose of the Montana Geospatial Information Act, including the coordination, creation, collection, maintenance, integration, or dissemination of MSDI themes, geospatial standards, or other associated work.

(2) Theme stewards may provide to the council suggested specific goals and objectives relating to the theme they represent.

(3) By September 1 of each fiscal year, the State Library will complete a review of the geospatial information plan.

(4) If a rewrite or updates are necessary, the State Library will prepare the geospatial information plan and the budget necessary to carry out these duties and responsibilities. The plan will include specific goals and objectives based upon input from theme stewards, the state library and comments received during the public comment period along with a budget for the state library's duties and responsibilities as defined in 90-1-404, MCA.

(5) The State Library will seek public comment on the plan.

(6) The State Library will submit the draft plan to the council and the council will advise the State Library on recommended changes to the draft plan and the library's budget.

History

Authorizing statute(s): 90-1-413, MCA
Implementing statute(s): 90-1-404, MCA
History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.304, 2013 MAR p. 2420, Eff. 12/27/13; AMD, 2023 MAR p. 1858, Eff. 12/23/23.

Mont. Admin. R. 10.102.9105 Establishing the Grant Application and Granting Process

(1) The State Library will develop the grant criteria based upon the goals and objectives from the geospatial information plan, and will publish the grant criteria, grant application forms, and instructions for submitting grant applications to the library's web site. Grant criteria will allow for two-year funding and may allow for multiyear projects.

(2) Grant applications received by the State Library that comply with applicable grant procedures will be considered for funding.

(3) By May 1 of each even-numbered year, the State Library, based on grant criteria and with advice of the council, will identify and prioritize grant applications that meet the grant criteria and warrant approval. Previously approved multiyear projects must be placed at the top of the priority list. The State Library will distribute the results to the council.

(4) By May 15 of each even-numbered year, the State Library commission, with advice of the council, will award grants.

History

Authorizing statute(s): 90-1-413, MCA
Implementing statute(s): 90-1-404, MCA
History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.305, 2013 MAR p. 2420, Eff. 12/27/13; AMD, 2023 MAR p. 1858, Eff. 12/23/23; AMD, 2024 MAR p. 605, Eff. 3/23/24.

Mont. Admin. R. 10.102.9107 Off-Cycle Grants

(1) The state library commission, with advice of the council, may approve requests for funding that fall outside of the regular grant cycle.

History

Authorizing statute(s): 90-1-413, MCA
Implementing statute(s): 90-1-404, MCA
History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.308, 2013 MAR p. 2420, Eff. 12/27/13.

Chapter 10.111 Montana Arts Council

Subchapter 10.111.1 Organizational Rule

Mont. Admin. R. 10.111.101 Organizational Rule

(1) The Montana Arts Council was established by executive order in 1965 and codified by the Montana Legislature in 1967 under 22-2-101, MCA. The council is allocated to the Board of Education for administrative purposes under 2-15-1511, MCA.

(2) The council’s mission is to develop the creative potential of all Montanans, advance education, spur economic vibrancy, and revitalize communities through the arts. This work is done through grants, programs, trainings, community outreach, and other activities developed from public comment.

(3) Grant guidelines are established by the council. Grant guidelines may vary from program to program, as appropriate to the goals, purposes, and restrictions of each grant. Guidelines may be updated or amended as the council deems necessary. Guidelines and submission deadlines are publicly available on the council’s website, https://art.mt.gov.

(4) In addition to state funds, the council also has authority to manage and distribute federal and private funds in pursuit of its mission.

(5) Additionally, the council may form other committees and advisory panels as needed to achieve its goals, provide for public input, and conduct general business.

(6) The following chart depicts the organization of the Montana Arts Council.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 7/27/26.

Subchapter 10.111.2 Rules of Practice

Mont. Admin. R. 10.111.201 Adoption of Model Rules

(1) The Montana Arts Council adopts the Attorney General’s Model Rules of Administrative Procedure.

(2) The model rules are found at ARM Title 1, chapter 3, subchapter 2.

History

Authorizing statute(s): 2-4-202, MCA
Implementing statute(s): 2-4-202, MCA
History: Eff. 12/31/72; AMD, 2025 MAR, Notice No. 10-111-2401, Eff. 1/11/25.

Subchapter 10.111.7 Cultural and Aesthetic Project Grant Proposals

Mont. Admin. R. 10.111.701 Eligible Applicants

(1) Any person, association, or representative of a governing unit may submit an application for funding of a cultural and aesthetic project from the income of the trust fund. The term "governing unit" includes state, region, county, city, town, or Indian tribe.

History

Authorizing statute(s): 22-2-303, MCA
Implementing statute(s): 22-2-301, MCA
History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.

Mont. Admin. R. 10.111.702 Application Form for Grant Proposals

(1) The committee shall have prepared a standard application form for grant proposals to the committee.

History

Authorizing statute(s): 22-2-303, MCA
Implementing statute(s): 22-2-303, 22-2-308, MCA
History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.

Mont. Admin. R. 10.111.704 Eligible Projects

(1) Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects, including but not limited to the visual, performing, literary and media arts, history, archaeology, folk-lore, archives, libraries, historical preservation and the renovation of cultural facilities. Applicants may apply for funds in one of the following categories:

(a) Special projects: Specific activities, services, or events of limited duration and the expansion of ongoing programs to meet defined needs and support for grants which generate new sources of revenue.

(i) Each dollar in project grants must be matched with one dollar in cash or in-kind goods and services.

(ii) Applicants will be required to submit a project budget.

(b) Operational support for cultural institutions that have been in existence for at least two years.

(i) Each dollar in general support grants must be matched with one dollar in cash or in-kind goods and services.

(ii) Applicants will be required to submit financial statements (profit and loss) for the most recently completed two fiscal years.

(c) Capital expenditure projects for additions to a collection or acquisition of works of art, artifacts or historical documents; historic preservation or the construction or renovation of cultural facilities.

(i) Each dollar in capital expenditure projects grants must be matched with three dollars in cash or in-kind goods and services.

(ii) Any application for funds which may in any way affect prehistoric or historic properties must document cooperation with the state historic preservation office in evaluating the possible impact on these properties and the appropriateness of plans for project activity.

(iii) A letter from the state historic preservation office, stating their recommendations and any agreements reached with the applicant is necessary. No funds will be released until such a letter is received by the Montana Arts Council.

(iv) Applications requesting funds for facility acquisition, construction, or renovation will need to include:

(A) a summary of the total cost of the capital expenditure from beginning to end;

(B) information about sources and amounts of funds already committed and anticipated to be received; and

History

Authorizing statute(s): 22-2-303, MCA
Implementing statute(s): 22-2-303, 22-2-308, MCA
History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.

Mont. Admin. R. 10.111.706 Evaluation Criteria

(1) Evaluation criteria is established in the application and guidelines.

History

Authorizing statute(s): 22-2-303, MCA
Implementing statute(s): 22-2-302, 22-3-306, MCA
History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.

Mont. Admin. R. 10.111.707 Criteria for Recommendations

(1) Committee recommendations to the Legislature of those projects which meet the evaluation criteria to the extent possible also must address the following considerations:

(a) taken as a whole, grants should assist the entire state;

(b) recognizing the special needs of access to cultural and aesthetic projects and services and the unique perspective, skills, talents and contributions of the wide variety of the people of Montana, the grants recommended, taken as a whole, should reflect and affirm that diversity, and as such, provide enrichment to the population at large. These projects should encourage the expansion of opportunities for all Montanans to create, participate in, and appreciate the wide range of all cultural and aesthetic activities regardless of age, sex, race, ethnic origin, income, physical and mental ability, or place of residence; and

(c) a variety of different interests and disciplines within the eligible projects should be served and which also may include, but not be limited to, the following:

(i) service to local communities or counties, multicounty regions, and the state;

(ii) service to urban and rural populations;

(iii) special projects, operational support, and capital expenditures and

(iv) single sponsors and those representing coalitions of a number of organizations.

History

Authorizing statute(s): 22-2-303, MCA
Implementing statute(s): 22-2-302, 22-2-306, MCA
History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.

Chapter 10.120 Organizational Rule (montana Historical Society)

Subchapter 10.120.1 Organizational Rule

Mont. Admin. R. 10.120.101 Organizational Rule

(1) Organization of the Montana Historical Society.

(a) The Montana Historical Society was organized under an act of the legislative assembly of the Territory of Montana entitled "An Act to Incorporate the Historical Society of Montana" approved February 2, 1865, and later made the Historical Society of the State of Montana by an act approved March 4, 1891, entitled "An Act Concerning the Historical Society for the State of Montana and Making an Appropriation Therefore." The society was designated the state archives by 22-3-202, MCA, in 1960 and administratively attached to the Board of Education in 1974 by 2-15-1511, MCA.

(b) The society consists of the following six programs.

(i) Administration;

(ii) Library and Archives;

(iii) Museum;

(iv) Publications;

(v) Outreach and Education; and

(vi) State Historic Preservation Office.

(c) The government and administration of the society is vested in a Board of Trustees. The board consists of 15 trustees appointed by the Governor with the consent of the Senate. Trustees serve for five-year terms.

(d) The director of the society is appointed by the Board of Trustees. The director is responsible for the immediate direction, management, and control of the society, subject to the general programs and policies established by the trustees.

(2) Functions of the Programs.

(a) The Administration Program provides administration and coordination support and is responsible for the effective management, planning, direction, and leadership of the society. Activities include financial control, coordination of policies and procedures, purchasing, accounting, budgeting, payroll and human resource management, property control, development, membership, information technology, security, and public information. The program administers a store.

(b) The Library and Archives Program acquires, organizes, preserves, and makes accessible to the public published materials, private manuscripts, historical records, photographs, and other materials documenting the history of Montana and the surrounding region, and assists researchers in the use of these materials. Activities include systematic acquisition of materials, processing of the collections, and consultation and assistance to researchers.

(c) The Museum Program is responsible for collecting historical, archaeological, and ethnological artifacts and fine arts which pertain to the state of Montana and the surrounding region. Activities include cataloging artifact and art collections, preparing and mounting exhibits, and preservation of the permanent collections.

(d) The Publications Program is responsible for publishing the state historical quarterly magazine Montana The Magazine of Western History, which is the state journal of record. The program also operates the Montana Historical Society Press that publishes books on Montana history, art, and culture.

(e) The Outreach and Education Program is responsible for sharing the stories of Montana's past to provide learning, culture, and enjoyment for Montana's citizens and guests. Activities include creating and distributing educational resources to schools; conducting tours of the Montana Heritage Center exhibits, the Original Governor's Mansion, and the Capitol; sponsoring public programs, including lectures, conferences, and family activities; and creating interpretive signs for historic places.

(f) The State Historic Preservation Office is responsible for implementing the National Historic Preservation Act at the state level and the State Antiquities Act. Activities include nominating sites to the National Register of Historic Places, reviewing tax certification projects, administering federal grants-in-aid, growing the inventory of cultural resources in Montana and managing information on those resources in the state's cultural records database, and reviewing projects on state land and federally funded and permitted projects to determine and comment on any impacts to historic and cultural properties and coordination with local governments, state agencies, federal agencies, and the public on matters relating to historic preservation.

(3) The following boards and councils are attached to the society for administrative purposes:

(a) The Historic Preservation Review Board acts in an advisory capacity to the State Historic Preservation Office and to state agencies.

(b) The Montana 250th Commission was formed to promote civic engagement and increase public awareness of United States and Montana government and history, including history of tribal nations, leading up to the United States semiquincentennial.

(c) The Montana Historical Records Advisory Council advises Montana agencies, political units, educational institutions, and other organizations in the care, storage, preservation, and disposition of historical records.

(4) General inquiries regarding the society, boards, and councils may be addressed to the director. Specific inquiries regarding the functions of each program may be addressed to the manager of that program. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the director unless the notice in the Montana Administrative Register makes specific provisions for submissions.

(5) Addresses of the director and each program are as follows:

(a) Director, Montana Historical Society, 225 North Roberts, Helena, Montana, 59620

(b) Program manager, Library and Archives Program, 225 North Roberts, Helena, Montana, 59620

(d) Program manager, Publications Program, 225 North Roberts, Helena, Montana, 59620

(e) Program manager, Outreach and Education Program, 225 North Roberts, Helena, Montana, 59620

(f) Program manager, State Historic Preservation Office, 225 North Roberts, Helena, Montana, 59620

(6) The following descriptive chart of the Montana Historical Society indicating the organization of the society is incorporated in this rule.

History

Authorizing statute(s): 22-3-107, MCA
Implementing statute(s): 22-3-107, MCA
History: NEW, Eff. 7/1/81; AMD, Eff. 10/1/87; AMD, Eff. 3/31/98; AMD, Eff. 9/30/07; AMD, Eff. 12/31/08; AMD, Eff. 9/24/24.

Chapter 10.121 Procedural Rules (montana Historical Society)

Subchapter 10.121.1 Model Procedural Rule

Mont. Admin. R. 10.121.101 Model Procedural Rules

(1) The Montana historical society hereby adopts and incorporates by reference ARM 1.3.102 through ARM 1.3.232, which sets forth the Attorney General's model procedural rules. A copy of the model procedural rules may be obtained from the Montana historical society.

History

Authorizing statute(s): Sec. 22-3-107 MCA
Implementing statute(s): Sec. 22-3-107 MCA, NEW, 1981 MAR p. 765, Eff. 7/31/81.

Subchapter 10.121.5 Acquisitions Policy

Mont. Admin. R. 10.121.501 General Guidelines

(1) The acquisition of collections shall be the responsibility of the Board of Trustees and staff of the Montana Historical Society. The society's collections shall be systematically expanded and shall be illustrative of the history of Montana in particular and generally of the Pacific Northwest, Northern Rocky Mountains, and Northern Great Plains regions and of the United States of America when pertinent to Montana history.

(2) Final decisions on the acquisition of collections shall be made by the director in conjunction with the program manager of the program where the items will be maintained. A list of major acquisitions shall be submitted to the Board of Trustees as requested, but no less than annually.

(3) Items that may duplicate existing collections, items of secondary importance, or items unrelated to the heritage of Montana and the region may be accepted provided that the donor fully understands and accepts in writing that the items may be disposed of to the best advantage of the society.

(4) Donations may be tax deductible as provided under state and federal law. Any appraisals of items to be acquired by the society shall be conducted by an independent qualified appraiser in the field. The donor shall bear all costs incurred in appraisals. Potential donors are advised to consult their attorney or tax accountant for a determination to claim a deduction.

(5) Accession records shall be maintained as required for accreditation by the American Alliance of Museums.

History

Authorizing statute(s): 22-3-107, MCA
Implementing statute(s): 22-3-107, MCA
History: NEW, 1981 MAR p. 766, Eff. 7/31/81; AMD, 2024 MAR p. 1872, Eff. 7/27/24.

Subchapter 10.121.7 Collections Loan Policy

Mont. Admin. R. 10.121.701 Museum Loans to Select Government Offices

(1) The Montana Historical Society may loan works of art to select offices within the state capitol complex with the approval of the Board of Trustees. Loans of works of art are limited to the following locations:

(a) Governor's Office;

(b) Governor's Official Residence;

(d) Office of the Speaker of the House;

(e) Office of the President of the Senate;

(f) Secretary of State's Office.

(2) The following conditions shall apply to works of art loaned to the offices in (1):

(a) Pieces may be chosen from a loan collection as established by the museum program manager.

(b) A maximum of five pieces may be borrowed by each of the offices in (1).

(c) Works may be borrowed for the term of office of the elected official and may be recalled at any time. The society may review the pieces on loan to assess their condition and confirm their location.

(d) The borrowing office will exercise care in the preservation of borrowed pieces. The borrowed pieces may not be moved, altered, or treated in any way and may not leave the custody of the borrower without permission in writing from the director of the society.

(e) No loaned pieces may be reproduced for publication without the written consent of the director of the society.

(f) The society will retrieve the loaned pieces upon expiration of the loan period.

History

Authorizing statute(s): 22-3-107, MCA
Implementing statute(s): 22-3-107, MCA
History: NEW, 1981 MAR p. 767, Eff. 7/31/81; AMD, 2024 MAR p. 1872, Eff. 7/27/24.

Subchapter 10.121.9 SHPO Rules

Mont. Admin. R. 10.121.901 Policy

(1) State, federal, and other agencies are required or allowed by statute to consider the retention of heritage properties and paleontological remains on lands owned by the state in consultation with the state historic preservation officer. It is the policy of the Montana historical society to assist those agencies in preserving heritage properties and paleontological remains and to encourage the avoidance, whenever feasible, of agency actions or agency assisted or licensed actions that substantially alter heritage properties or paleontological remains on those lands.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.902 Definitions

Terms defined in 22-3-421, MCA, have the same meaning in this subchapter and for the further purposes of this subchapter:

(1) "Action" means any undertaking, including a project or action considered under the Montana Environmental - Policy Act, which has the potential to alter or affect the heritage values of heritage property or paleontological remains.

(2) "Adverse effect" means any change caused by an action which impacts heritage property or paleontological remains visually, audibly, physically or atmospherically to the extent that its heritage values are substantially diminished including a transfer of rights or title which results in the neglect of heritage property.

(3) "Anticipatory demolition" means the willful destruction of a heritage property prior to an action.

(4) "Area of effect" means the land area in which an action takes place and which may be changed by the action.

(5) "Heritage values" means the economic, educational, scientific, social, recreational, cultural or historic qualities possessed by buildings, districts, sites, structures or objects possessing sufficient significance to warrant consideration under these rules as heritage property or paleontological remains.

(6) "Interested parties" include applicants, tribes or groups directly involved in the action or landowners, tribes, groups, agencies, or institutions with a clear and reasonable interest in the consideration of heritage properties associated with an action.

(7) "Restore" means to conduct major repairs, reconstruction, structural or other improvements on a building, district, object, site, structure or feature possessing heritage values with the intention of preserving or reconstructing physical features representing those values.

(8) "SHPO" means the state historic preservation office of the Montana historical society as created by 2-15-1512, MCA.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-421, 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.903 Initiation of Antiquities Consultation Under 22-3-424 , Mca

(1) The agency shall initiate reviews and studies required by 22-3-424, MCA, prior to initiating any action which has the potential to adversely affect heritage properties. The agency shall complete its review early enough to be used in formulating agency decisions about the action. Completion of reviews and studies after the agency has irrevocably committed itself to the scope, format or siting of the action will not constitute adherence to these rules.

(2) At specified stages within the following rules, SHPO response to the agency is required. If the SHPO fails to respond in the times described in this subchapter, the agency shall assume that the SHPO does not object to the agency position and the agency may move forward with the action.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.904 Responsibility for Antiquities Consultation

(1) The director of each agency is responsible for assuring compliance with 22-3-424, MCA, when actions involving his division may affect heritage properties or paleontological remains.

(2) Each agency may designate a position to manage issues concerning heritage property or paleontological remains protection.

(3) Each agency shall bear its costs of administration related to compliance with this rule.

(4) Requests for SHPO consultation shall be made in writing.

(5) Agencies shall, to the maximum extent possible, include interested parties in consultations regarding heritage properties or paleontological remains.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.905 Identification of Heritage Properties and Paleontological Remains

(1) The agency shall identify all known heritage properties and paleontological remains that are located on state lands within the area of effect. The agency shall use the following heritage value criteria in identifying heritage property, whether or not it meets the criteria for listing on the register. Heritage property values are the qualities of significance in American history, architecture, archaeology, engineering, and culture present in districts, sites, buildings, structures, and objects achieving significance prior to the last 50 years and that possess integrity of location, design, setting, materials, workmanship, feeling, and association and which:

(a) are associated with events that have made a significant contribution to the broad patterns of Montana's or the nation's history;

(b) that are associated with the lives of persons significant in our past;

(c) that embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;

(d) that have yielded, or may be likely to yield, information important in prehistory or history; or

(e) are verified by a professional paleontologist advising the SHPO through formal agreement to be paleontological remains.

(2) The agency shall use the following procedure to identify what known historic, architectural, or prehistoric properties or paleontological remains exist within an action area and how unknown or unevaluated resources should be discovered:

(a) The agency shall provide the SHPO with:

(i) the legal description of the property on which the action is proposed;

(ii) a description of the current condition and use of the area of effect;

(iii) a brief summary of the nature and scope of the proposed action; and

(iv) information the agency has on heritage property or paleontological remains in the area of effect.

(b) If an action would change or remove a building, including cases where new buildings are to be built adjacent to old buildings, the agency shall provide the SHPO with:

(i) information on the legal description of the property on which the building(s) is located;

(ii) a photograph of the building(s) ;

(iii) a brief description of the proposed action; and

(iv) when available, dates of building construction, information on building use, and changes to the building over time. If applicable and available, the design of new building(s) shall be provided.

(3) The SHPO shall provide the agency with information on:

(a) known heritage property or paleontological remains in the area;

(b) the likelihood of unknown heritage property or paleontological remains in the area; and

(4) If the SHPO has information that heritage resources or paleontological remains exist or may exist in the area of effect, the SHPO shall recommend inventory, recordation, and data collection methods. If an action involves a building, the SHPO shall inform the agency about whether any building has been recorded previously or if its historic and architectural value has been assessed. If recordation and evaluation of heritage properties has not occurred, the SHPO shall recommend documentation and evaluation methods. All SHPO recommendations for methods to be applied shall follow standards, procedures, and guidelines provided for in 22-3-428, MCA. The SHPO shall provide its recommendation to the agency within 30 days of the SHPO's receipt of an agency's request.

(5) Upon receipt of the information and recommendations from the SHPO, the agency shall determine what additional action is necessary to fulfill its responsibility to identify Montana heritage properties in the area of effect.

(6) If the agency does not follow the SHPO's recommendation, it shall document its decision and justification in the action file. A copy of the documentation must be forwarded to the SHPO.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.906 Evaluation of Heritage Properties and Paleontological Remains

(1) In consultation with the SHPO, and appropriate tribes or interested parties, the agency shall assure that any historic, prehistoric or architectural property identified in an area of effect has been evaluated to determine whether it is a heritage property and whether it is eligible for the register or if it contains paleontological remains. That evaluation shall include the following:

(a) The agency shall seek a written evaluation by the SHPO of whether or not any location qualifies as a heritage property or paleontological remains and, if so:

(i) whether any fossilized remains in question are rare and critical to scientific research; or

(ii) whether any property is eligible for the register.

(b) The SHPO shall provide the agency with a written evaluation of any site as a heritage property, register site or paleontological remains within 15 days of receipt of a request for the evaluation. The time for evaluation may be extended an additional 15 days to a maximum total of 30 days upon request by SHPO and concurrence by the agency.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.907 Avoidance or Mitigation of Action Impacts

(1) After an agency has followed ARM 10.121.903 through 10.121.906 and found that no heritage properties or paleontological remains exist within an action's area of effect, the agency may proceed with the action.

(2) If sites within the area of effect are found to be heritage properties but are not eligible for the register, the agency shall follow its own procedures or policies, if any, regarding the protection of heritage values prior to proceeding with the action. In forming those procedures or policies, the agency may consult with entities appropriately concerned with heritage values including recreational, economic development, and travel interests.

(3) If heritage properties eligible for the register or paleontological remains are found to exist within the action's area of effect, the agency shall determine, in writing, whether the action will have an adverse effect on that property and propose mitigation of the effect. If the agency determines that an action will have an adverse effect, it shall prepare a written explanation of why one or more of the actions in (3) (a) through (d) has been chosen and how it will be carried out. In determining mitigation the agency shall solicit the opinions of interested parties and may otherwise collect public comment on the protection of heritage property or paleontological remains in the area of effect as to:

(a) protecting the heritage values of the heritage property or paleontological remains by avoiding that property;

(b) abandonment of the proposed action;

(c) modification or redesign of the proposed action to avoid or lessen adverse effects or mitigate harm or alteration through any method including:

(i) relocating the action;

(ii) incorporating the heritage property or paleontological remains into the action in a useful way;

(iii) inviting private, commercial, non-profit, governmental or other interests to use the historic property in productive ways;

(iv) scientific excavation of archaeological or paleontological deposits;

(v) recordation of heritage properties prior to their removal or alteration;

(vi) production of a public education program about the property; or

(d) continuance of the project with no avoidance or mitigation measures.

(4) If, upon completion of its assessment of action impact the agency finds the action to have adverse effects, the agency shall forward a statement of its decision in a single page mitigation plan to the SHPO for review and comment. Mitigation plans shall address whether or not the properties might be utilized for practical purposes in that they:

(a) possess the potential for promotional, commercial, recreational or other uses which may provide economic gain to citizens of the state or use by units of government;

(b) embody educational information which may be applied to instruct children or adults in aspects of Montana's history or prehistory;

(d) possess attributes which support the appreciation of heritage values through sightseeing, photography, painting or other means of personal experience or artistic expression;

(e) have cultural associations which illustrate and contribute to the understanding of human cultures; or

(f) contribute to the understanding of paleontological resources.

(5) The SHPO will review and comment on the agency's assessment of action impacts and mitigation plan in accordance with 22-3-430, MCA, within ten days of receipt of a request for comment.

(6) If the SHPO does not concur with the agency's assessment of action impacts and mitigation plan, the agency and the SHPO may attempt to resolve the difference. If the agency and SHPO cannot agree, the agency shall decide how to proceed, notify the SHPO upon making that decision and document its decision in writing for the action file. The agency shall provide the SHPO with a copy of its final decision.

History

Authorizing statute(s): Sec. 22-3-107(2), 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424, 22-3-435 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.908 Emergency Discovery of Heritage Properties or Paleontological Remains

(1) If historic or prehistoric properties or paleontological remains are identified during the course of the action the agency shall, in accordance with 22-3-435, MCA, notify the SHPO immediately, provide information on the property and stop any work that could harm the property. The SHPO shall assess the property's value as a heritage property or paleontological remains within two days. The time for evaluation may be extended upon request by SHPO and concurrence by the agency. The agency shall subsequently consider any adverse effects on heritage properties according to ARM 10.121.907(1) through (3) and report its mitigation plan to the SHPO immediately upon completion of that plan.

History

Authorizing statute(s): Sec. 22-3-107(2), 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424, 22-3-435 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.909 Federal Historic Preservation Review Constitutes Compliance

(1) The review of actions under 16 USC 470(f) (1996) shall constitute compliance with those sections of 22-3-424 and 22-3-430, MCA, which deal with heritage properties eligible for the register. Section 16 USC 470(f) (1996) is hereby incorporated by reference. Copies may be obtained free of charge from the State Historic Preservation Office, 1410 Eighth Avenue, Helena, Montana 59620; telephone (406) 444-7715.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-424, 22-3-430 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.910 Advice to Shpo on Paleontological Remains

(1) The SHPO may request an advisor or group of advisors to assist the SHPO in protecting paleontological remains in accordance with state statute and these rules. Such advisor or advisory group may participate in any of the activities assigned the SHPO in protecting paleontological remains through memorandums of agreement between the SHPO and paleontological institutions.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-421(7), 22-3-423(9), 22-3-424, 22-3-430 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.911 Memorandum of Agreement

(1) For a specific action or for a specific type of action, the agency may propose different procedures from those described in ARM 10.121.901 through 10.121.907 to the SHPO.

(2) The SHPO will respond to such request within 20 days of the receipt of a request.

(3) Procedures agreed to by both the agency and the SHPO for a specific action or specific types of actions may be incorporated into a memorandum of agreement, signed by both parties.

History

Authorizing statute(s): Sec. 22-3-423(9) MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.912 Antiquities Permits

(1) The state historic preservation officer shall prepare and make available the criteria for granting antiquities permits and the applications for antiquities permits provided for under 22-3-432, MCA, using 36 CFR 61 as a guideline. The state historic preservation officer may designate a state archaeologist, a state paleontologist and/or a state historical architect to assist with the management of antiquities permits and the protection of heritage values.

(2) Applications for antiquities permits will be submitted by applicants to the state agency responsible for the management of lands owned by the state. Upon review, the state agency will forward the application for an antiquities permit with the agency's comments and recommendations to the SHPO.

(3) Antiquities permits shall be granted or denied to the applicant by the SHPO within 15 days of receipt of an application containing all needed information by the SHPO. A copy of the granted or denied antiquity permit will be forwarded by the SHPO to the state agency.

(4) No antiquities permit will be required for the purpose of identifying and recording heritage properties and paleontological remains on state-owned lands when such activities will not result in the excavation, removal or restoration of heritage properties or paleontological remains.

(5) Antiquities permits shall specify the means by which the state will protect artifacts, features, objects or paleontological remains excavated or removed in the course of the permitted work.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-432 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.913 Deposit of Materials Related to Heritage Property and Paleontological Remains

(1) The agency shall deposit with the SHPO all inventory reports and other pertinent documents, maps, photographs, and site forms generated in the course of complying with 22-3-421 through 22-3-441, MCA.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-421 through 22-3-441 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.914 Consultation Under 22-3-429 , Mca

(1) Agencies, federal agencies or state entities requesting consultation with the SHPO under 22-3-429, MCA, shall make such requests in writing to the SHPO and shall specifically reference the statute under which the request is made.

(2) Reviews of such actions shall follow the procedures in 22-3-429 and 22-3-430, MCA.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-429, 22-3-430 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.915 Right to Privacy in Information or Documents Provided to a State Agency

(1) In instances in which an individual's right to privacy clearly exceeds the merits of public disclosure of information or documents submitted to an agency for decision making under this chapter, the agency may assert the individual's right to privacy and refuse to permit public disclosure.

(2) If an interested party has information or documents in which they claim a right to privacy, the interested party may request a confidentiality review from the agency. In requesting a confidentiality review, the interested party shall submit to the agency a written general description of the private information or documents and shall assert all bases on which the right to privacy exists. The written submittal shall demonstrate how the demand of individual privacy clearly exceeds the merits of public disclosure by showing the person involved has an actual expectation of privacy and that society is willing to recognize that expectation as reasonable.

(3) Within five days of receiving the written submittal, the agency will notify the interested party whether the agency will assert the interested party's right to privacy in that the privacy interests clearly exceed the merits of public disclosure of the information or documents.

(a) If the agency decides to assert the right to privacy on behalf of the interested party, and the interested party submits information or documents to the agency, each page or item of the submittal must be clearly marked or identified as confidential. The agency will treat the information or documents so marked or identified as confidential and assert the interested party's right to privacy in the information or documents in response to a request for public information.

(b) If the agency decides not to assert the right to privacy on behalf of the interested party and the interested party provides the information or documents to the agency, the interested party waives the right to privacy by providing the information to the agency.

History

Authorizing statute(s): Sec. 22-3-107(3) MCA
Implementing statute(s): Sec. 22-3-421 through 22-3-433 MCA
History: NEW, 1998 MAR p. 2022, Eff. 7/31/98.

Mont. Admin. R. 10.121.916 Shpo Standards, Procedures, and Guidelines

(1) SHPO standards, procedures, and guidelines shall be referenced in SHPO recommendations when required by statute or rule. The standards and guidelines used by the national park service of the United States department of the interior and the advisory council on historical preservation are, in part, the standards and guidelines to be used to identify and protect heritage properties eligible for listing on the register, and are hereby incorporated by reference. These are:

(a) the secretary of the interior's standards for archaeology and historic preservation located at: 36 CFR 60 (1997) , 36 CFR 61 (1997) , 36 CFR 63 (1997) , 36 CFR 65 (1997) , 36 CFR 67 (1997) , and 36 CFR 79 (1997) ;

(b) the secretary of the interior's standards for the treatment of historic properties, as they existed on July 30, 1998;

(c) the secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, as they existed on July 30, 1998;

(d) the national park service, national register bulletin series (technical information on comprehensive planning, survey of cultural resources, and registration in the national register of historic places) , as they existed on July 30, 1998; and

(e) Advisory council regulations, 36 CFR 800 (1997) .

(2) Copies may be obtained free of charge from the State Historic Preservation Office, 1410 Eighth Avenue, Helena, Montana 59620; telephone (406) 444-7715.

History

Authorizing statute(s): Sec. 22-3-107(2) MCA
Implementing statute(s): Sec. 22-3-428 MCA
History: NEW, 1998 MAR p. 2483, Eff. 7/31/98.