SPECIAL EDUCATION

10.16.306 WITNESSES (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.307 EVIDENCE (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.308 CONDUCT OF HEARING (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.309 TIMELINESS (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.310 PLACEMENT (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.311 APPEAL TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1977 MAR p. 1102, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.3121 SUPERINTENDENT OF PUBLIC INSTRUCTION'S RESPONSIBILITY FOR FREE APPROPRIATE PUBLIC EDUCATION (FAPE) The Superintendent of Public Instruction shall ensure that all students with disabilities, ages 3 through 18 inclusive, including students with disabilities who have been…

10.16.3122 LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR STUDENTS WITH DISABILITIES 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, incl…

10.16.3125 LOCAL EDUCATIONAL AGENCY CHILD FIND RESPONSIBILITIES 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 disabili…

10.16.3129 PARENTAL INVOLVEMENT (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD,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; REP, …

10.16.3132 INTERAGENCY COORDINATION FOR PART C, IDEA 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…

10.16.3135 COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT The Superintendent of Public Instruction shall establish procedures for the development and conduct of a comprehensive system of personnel development. The procedures shall include: Analysis of state and local needs for pro…

10.16.3136 SPECIAL EDUCATION PROFESSIONAL STAFF QUALIFICATIONS 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. Supervisors of …

10.16.3141 SUPERINTENDENT OF PUBLIC INSTRUCTION RESPONSIBILITY FOR MONITORING 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 ensu…

10.16.3142 INTERAGENCY AGREEMENTS 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 th…

10.16.3143 SPECIAL EDUCATION DATA COLLECTION AND REPORTING The Superintendent of Public Instruction shall annually: collect and report valid and reliable data consistent with the requirements of the Individuals with Disabilities Education Act (IDEA) and its implementing regulatio…

10.16.3145 PROCEDURES FOR RECOVERY OF FEDERAL FUNDS FOR MISCLASSIFIED CHILDREN (REPEALED) 10-2346/30/07 ADMINISTRATIVE RULES OF MONTANA 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…

10.16.3146 FAILURE TO RETURN FEDERAL FUNDS FOR SERVICES TO MISCLASSIFIED CHILDREN (REPEALED) 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; REP, 2007 MAR p. 678…

10.16.3150 STATE ADVISORY PANEL The Superintendent of Public Instruction shall establish and maintain the State Advisory Panel in accordance with 34 CFR 300.167 through 300.169. Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p.…

10.16.3172 ACCESS TO INSTRUCTIONAL MATERIALS The Superintendent of Public Instruction shall adopt the National Instructional Materials Accessibility Standard (NIMAS). Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 2007 MAR p. 678, Eff. …

10.16.3180 NOTICE OF AVAILABILITY OF FEDERAL FUNDS The Superintendent of Public Instruction shall annually provide written notice of the availability of federal funds under IDEA. The notice shall include: procedures for applicants to follow in completing and submitting applicatio…

10.16.3181 LOCAL EDUCATIONAL AGENCY FEDERAL FUNDS APPLICATIONS 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 announce…

10.16.3194 SUPERINTENDENT OF PUBLIC INSTRUCTION NOTIFICATION TO LOCAL EDUCATIONAL AGENCY OF INELIGIBILITY TO RECEIVE FUNDS UNDER PART B Local educational agency federal funds applications shall be consistent with state and federal regulations and be completed according to applica…

10.16.3196 OFFICE OF PUBLIC INSTRUCTION DISAPPROVAL OF FEDERAL FUNDS: OPPORTUNITY FOR HEARING (REPEALED) State and Local Eligibility - Specific Conditions Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AM…

10.16.3220 PROGRAM NARRATIVE 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 …

10.16.3320 REQUEST FOR INITIAL EVALUATION 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. A local educational agency shall establish procedures for requesting an initial evalua…

10.16.3321 COMPREHENSIVE EDUCATIONAL EVALUATION PROCESS AND REEVALUATIONS 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. For initial evaluations, the evaluation report must include the infor…

10.16.3322 COMPOSITION OF A CHILD STUDY TEAM (REPEALED) 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; REP, 2007 MA…

10.16.3324 EXTENDED SCHOOL YEAR SERVICES Local educational agencies shall provide extended school year services in accordance with 34 CFR 300.106. IEP teams shall use recoupment and regression as the criteria for determining eligibility for extended school year services. In the a…

10.16.3340 INDIVIDUALIZED EDUCATION PROGRAM AND PLACEMENT DECISIONS Local educational agencies shall develop, implement, review, and revise individualized education programs (IEP) in accordance with 34 CFR 300.320 through 300.328. IEP teams shall make placement decisions in accor…

10.16.3341 RESIDENTIAL PLACEMENT BY PUBLIC AGENCY OTHER THAN LOCAL EDUCATIONAL AGENCY 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 s…

10.16.3342 TRANSFER STUDENTS: INTRASTATE AND INTERSTATE (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 2000 MAR p. 1048, Eff. 7/1/00; REP, 2007 MAR p. 678, Eff. 5/25/07.

10.16.3345 LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR PROMOTION OF STUDENTS WITH DISABILITIES 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…

10.16.3346 AVERSIVE TREATMENT PROCEDURES 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 proced…

10.16.3501 PROCEDURAL SAFEGUARDS Each local educational agency shall implement procedural safeguards consistent with the requirements of 34 CFR 300.500 through 300.536. Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 2007 MAR p. 678, Eff…

10.16.3502 TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY 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). Authorizing statute(s): 20-7-402, MCA Implementing st…

10.16.3504 SURROGATE PARENTS 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. 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 n…

10.16.3505 PARENTAL CONSENT The local educational agency shall implement parental consent procedures as described in 34 CFR 300.300 and consistent with this rule. Written parental consent for initial and annual placement of a student with disabilities in special education and rel…

10.16.3505A REVOCATION OF PARENTAL CONSENT A parent may revoke consent for services at any time. The revocation of consent must be provided to the district in writing. Upon receipt of the parent's written revocation of consent, the district must: issue written notice to the paren…

10.16.3506 VOLUNTARY MEDIATION 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…

10.16.3507 SCOPE OF RULES 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 spe…

10.16.3508 INITIATING SPECIAL EDUCATION DUE PROCESS 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 disabiliti…

10.16.3508A RESOLUTION PROCESS 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. Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA H…

10.16.3509 APPOINTMENT OF IMPARTIAL HEARING OFFICER 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: promptly advise the public agency, parent, or other parties as…

10.16.3510 SCHEDULING CONFERENCE AND NOTICE OF HEARING 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 prehea…

10.16.3511 INFORMAL DISPOSITION 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. This conference of informal disposit…

10.16.3512 IMPARTIAL HEARING OFFICER'S PREHEARING CONFERENCE - FORMULATING ISSUES The impartial hearing officer shall conduct a prehearing conference prior to the hearing to: identify and clarify the issues to be decided at the hearing; determine the necessity or desirability of …