Montana Administrative Code

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10.16.3145 PROCEDURES FOR RECOVERY OF FEDERAL FUNDS FOR MISCLASSIFIED CHILDREN (REPEALED) 10-2346/30/07 ADMINISTRATIVE RULES OF MONTANA Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913,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10.16.3146 FAILURE TO RETURN FEDERAL FUNDS FOR SERVICES TO MISCLASSIFIED CHILDREN (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff.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 …

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…