SPECIAL EDUCATION

10.16.3513 DISCOVERY The impartial hearing officer may compel or limit discovery prior to the hearing and/or prehearing conference. 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 p…

10.16.3514 DISCOVERY METHODS (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-402, MCA History: NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93;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, 2001 MAR p. 396, Eff. 3/9/01; RE…

10.16.3515 SCOPE AND LIMITATION OF DISCOVERY (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-402, MCA History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff.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, 2007 MAR p. 678, Eff. 5/25/07; REP, 2015 MAR p. 2257, Eff. …

10.16.3516 LIMITATIONS ON DISCOVERY BY THE IMPARTIAL HEARING OFFICER (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-402, MCA History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff.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; REP, 2007 MAR p. 678, Eff. 5/25/07.

10.16.3517 SEQUENCE AND TIMING OF DISCOVERY (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-402, MCA History: NEW, 1990 MAR p. 934, Eff. 5/18/90; TRANS, 2000 MAR p. 1048, Eff.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; REP, 2015 MAR p. 2257, Eff. 12/25/15.

10.16.3518 AVAILABILITY OF CROSS-EXAMINATION OR PARTICIPATION IN THE HEARING 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 knowledg…

10.16.3519 EX-PARTE CONSULTATIONS 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. Authorizi…

10.16.3520 POWERS OF THE IMPARTIAL HEARING OFFICER The impartial hearing officer may: administer oaths; issue subpoenas; 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 n…

10.16.3521 HEARING The hearing will be conducted before the impartial hearing officer in the following order: statement and evidence of the petitioner or other party in support of its action; statement and evidence of the respondent in support of its action; rebuttal testimony; c…

10.16.3522 RECORD The record in the impartial due process hearing shall include: all pleadings, motions, intermediate ruling; all evidence received plus a stenographic record of oral proceeding; a statement of matters officially noticed; questions and offers of proof, objections …

10.16.3523 FINAL ORDER ON SPECIAL EDUCATION DUE PROCESS HEARING DECISIONS 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 ti…

10.16.3528 INITIATING EXPEDITED DUE PROCESS HEARING 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. The written request for ex…

10.16.3528A EXPEDITED DUE PROCESS HEARING RESOLUTION PROCESS 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). Authorizing statute(s): 20-7-402, MCA Implemen…

10.16.3529 SELECTION OF EXPEDITED DUE PROCESS HEARING OFFICER 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 acc…

10.16.3530 EXPEDITED HEARING Upon appointment, the hearing officer shall: contact the parties to schedule a prehearing telephone conference; set the date, time and place of the expedited hearing; and advise the parties of their right to be represented by counsel. The hearing offi…

10.16.3531 FINAL DECISION IN EXPEDITED DUE PROCESS HEARING 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 n…

10.16.3560 SPECIAL EDUCATION RECORDS 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 specia…

10.16.3571 PARENTAL CONSENT FOR RECORDS (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 & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; REP, 2015 MAR p.…

10.16.3660 EARLY ASSISTANCE PROGRAM The Superintendent of Public Instruction shall provide an ongoing and systematic informal dispute resolution process referred to as the "Early Assistance Program." A parent, guardian, adult student, LEA or other public agency as defined in 34 C…

10.16.3661 OPPORTUNITY TO PRESENT STATE COMPLAINT 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 educ…

10.16.3662 STATE COMPLAINT PROCEDURES 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 implementi…

10.16.3751 OFFICE OF PUBLIC INSTRUCTION RESPONSIBILITY FOR CHILD COUNT (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; TRANS, 2000 MAR p. 1048, Eff. 7/1/00; REP, 2007 MAR p. 678, Eff. 5/25/07.…

10.16.3752 LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR CHILD COUNT (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 & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; REP, 2007 MAR p. 678, Eff…

10.16.3803 DEFINITIONS The following definitions apply to rules affecting the funding of special education programs: "Advance reimbursement on special education allowable cost payments" means a loan to a district to offset a severe economic hardship caused by exceptional special …

10.16.3804 GENERAL PRINCIPLES OF SPECIAL EDUCATION FUNDING 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 asso…

10.16.3805 SPECIAL EDUCATION ALLOWABLE COST LIMITATIONS 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 c…

10.16.3806 SPECIAL EDUCATION ALLOWABLE COSTS--INSTRUCTIONAL SERVICES Allowable costs associated with instruction of students with disabilities include: salaries and benefits, not excluded in ARM 10.16.3805, for qualified special education teachers and special education teacher ai…

10.16.3807 SPECIAL EDUCATION ALLOWABLE COSTS--RELATED SERVICES Allowable costs associated with the provision of related services to students with disabilities include: salaries and benefits, not excluded in ARM 10.16.3805, for licensed or certified professional support personnel …

10.16.3808 SPECIAL EDUCATION ALLOWABLE COSTS--COOPERATIVES 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…

10.16.3809 COOPERATIVE BOUNDARIES 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. No more than 23 special education cooperatives…

10.16.3810 ELIGIBILITY TO RECEIVE PAYMENT 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: has a resident student reported on th…

10.16.3811 GENERAL PRINCIPLES OF THE SPECIAL EDUCATION ALLOWABLE COST PAYMENT CALCULATION 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 speci…

10.16.3812 CALCULATION OF SPECIAL EDUCATION ALLOWABLE COST PAYMENTS 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 eli…

10.16.3813 LOCAL MATCHING FUNDS 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 serv…

10.16.3814 ADVANCE ON SPECIAL EDUCATION ALLOWABLE COST PAYMENTS 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. Application for an advance on a spe…

10.16.3815 SPECIAL EDUCATION TRANSFERS AND PAYMENTS TO OTHER DISTRICTS AND COOPERATIVES 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 edu…

10.16.3816 DISTRIBUTION OF SPECIAL EDUCATION ALLOWABLE COST PAYMENTS 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. A district's instructional and rela…

10.16.3817 SPECIAL EDUCATION FUNDING REVERSION 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 b…

10.16.3818 SPECIAL EDUCATION TUITION RATES 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. Distr…

10.16.3819 CONTESTED CASES 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. Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 2…

10.16.3820 TRANSPORTATION FOR SPECIAL EDUCATION STUDENTS WITH DISABILITIES 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 e…

10.16.3821 DEFINITIONS The following definitions apply to this subchapter. "Appropriate educational opportunity" has the meaning as defined in 20-7-436, MCA. "Children's psychiatric hospital" has the meaning as defined in 20-7-436, MCA. "Eligible child" has the meaning as defined…

10.16.3822 TUITION RESPONSIBILITY TO QUALIFYING FACILITIES 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 i…

10.16.3823 QUALIFYING FACILITY REIMBURSEMENT PAYMENTS 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 Instr…

10.16.3901 DURATION OF COOPERATIVE 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. Notification of intent to withdraw f…

10.16.3902 MANAGEMENT BOARD The management board is responsible for administering the cooperative and is comprised of trustees of the participating districts or their authorized representatives. Designation of the representative shall be by formal action taken annually. Formal ac…

10.16.3903 NONPARTICIPATING DISTRICTS 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 late…

10.16.3904 PROCEDURES FOR APPROVAL 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 c…

10.16.4001 EDUCATION SAVINGS ACCOUNTS (ESA) Application process: 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 p…

10.16.401 SCOPE (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1102, Eff. 7/28/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.