Montana Administrative Code

10.16.2711 STUDENT'S STATUS DURING EXCLUSION FROM SCHOOL (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2712 INDIVIDUALIZED EDUCATION PROGRAM IMPLEMENTATION (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2713 COMPOSITION OF INDIVIDUALIZED EDUCATION PROGRAM TEAM (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2714 RELATED SERVICES (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2715 IEP ACCOUNTABILITY (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2716 DETERMINING LEAST RESTRICTIVE ENVIRONMENT (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2717 COMPARABILITY (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2718 LENGTH OF SCHOOL DAY, SCHOOL YEAR (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2720 LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR SPECIAL EDUCATION AND RELATED SERVICES FOR PRIVATE SCHOOL STUDENTS (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, E…

10.16.2721 ENROLLMENT IN NONPUBLIC SCHOOLS BY PARENTS (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.

10.16.2722 SPECIAL EDUCATION AND RELATED SERVICES WHEN STUDENT IS RESIDENT OF ANOTHER LOCAL EDUCATIONAL AGENCY (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; REP, 2000 MAR p. 1048, Eff. 7/1/00.…

10.16.3007 ELIGIBLE STUDENTS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT 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…

10.16.3008 ADVERSELY AFFECT THE STUDENT'S EDUCATIONAL PERFORMANCE "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 …

10.16.301 SCOPE (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.

10.16.3010 CRITERIA FOR IDENTIFICATION OF A CHILD AGED THREE THROUGH EIGHT HAVING A DEVELOPMENTAL DELAY A student may be identified as having a developmental delay if the student is: at least three and not yet nine years old; and functions at a developmental level two or more sta…

10.16.3011 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING AUTISM 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…

10.16.3012 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING COGNITIVE DELAY 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 perfo…

10.16.3013 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING DEAF-BLINDNESS The student may be identified as having deaf-blindness if documentation supports that the student: meets the criteria in ARM 10.16.3022 for visual impairment; meets the criteria in ARM 10.16.3020 for speec…

10.16.3014 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING DEAFNESS 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 amplificatio…

10.16.3015 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING EMOTIONAL DISTURBANCE The student may be identified as having emotional disturbance if a condition which includes one or more of the following characteristics is present: an inability to build or maintain satisfactory re…

10.16.3016 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING HEARING IMPAIRMENT 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 …

10.16.3017 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING ORTHOPEDIC IMPAIRMENT The student may be identified as having orthopedic impairment if: the student is diagnosed by a qualified medical practitioner as having an orthopedic impairment; the impairment is severe; and the i…

10.16.3018 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING OTHER HEALTH IMPAIRMENT The student may be identified as having other health impairment if: the student has limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results…

10.16.3019 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING SPECIFIC LEARNING DISABILITY 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 cont…

10.16.3019A RESPONSE TO SCIENTIFIC, RESEARCH BASED INTERVENTION IN LEARNING DISABILITY IDENTIFICATION 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 acade…

10.16.3019B SEVERE DISCREPANCY IN LEARNING DISABILITY IDENTIFICATION 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…

10.16.3019C DOCUMENTATION REQUIREMENTS IN LEARNING DISABILITY IDENTIFICATION Evaluation teams shall document evaluation team findings under ARM 10.16.3019A or 10.16.3019B and: the student's academic performance in the regular classroom setting through observation. Requirements fo…

10.16.302 REQUESTS FOR 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.

10.16.3020 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING SPEECH-LANGUAGE IMPAIRMENT 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 …

10.16.3021 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING TRAUMATIC BRAIN INJURY 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 …

10.16.3022 CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING VISUAL IMPAIRMENT The student may be identified as having a visual impairment if the student has: an impairment in vision that, even with correction, adversely affects the student's educational performance; or a medicall…

10.16.303 NOTIFICATION OF ACCESS TO INFORMATION AND ASSISTANCE (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.

10.16.304 CONFERENCE AND INFORMAL DISPOSITION (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.

10.16.305 NOTICE 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.

10.16.306 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…