Montana Administrative Code

10.16.608 CONDUCT OF HEARING (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1197, Eff. 8/11/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.609 TIMELINESS (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1197, Eff. 8/11/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.701 HEARING OFFICER (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1197, Eff. 8/11/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.702 COURT ACTION (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1197, Eff. 8/11/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.703 PLACEMENT (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, MCA History: NEW, 1978 MAR p. 1197, Eff. 8/11/78, ARM Pub. 10/31/78; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.801 ESTABLISHMENT OF SPECIAL EDUCATION PROGRAM (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; AMD, 1980 MAR p. 3111, Eff. 12/27/80; REP, 1982 MAR p. 1934, Eff.…

10.16.802 ESTABLISHMENT OF INDIVIDUAL DISTRICT SPECIAL EDUCATION PROGRAM (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1980 MAR p. 3111, Eff. 12/27/80.

10.16.803 PETITION OF PARENTS FOR ESTABLISHMENT OF SPECIAL EDUCATION PROGRAM (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.804 COMPULSORY ATTENDANCE (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-5-102, 20-7-403, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1982 MAR p. 1934, Eff. 10/29/82.

10.16.901 PARENTAL NOTIFICATION OF DISTRICT IDENTIFICATION, LOCATION, REFERRAL, AND SCREENING PROCEDURES (REPEALED) Authorizing statute(s): 20-7-402, MCA Implementing statute(s): 20-7-403, 20-7-414, MCA History: NEW, 1977 MAR p. 277, Eff. 8/26/77, ARM Pub. 11/26/77; REP, 1993 MAR…

10.16.902 PARENTAL NOTIFICATION AND APPROVAL FOR TESTING, FORMAL EVALUATION AND INTERVIEWING (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, 1982 MAR p. 1934, Ef…

10.16.903 WRITTEN NOTIFICATION BEFORE CHANGE IN EDUCATION PLACEMENT/PROGRAM (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, 1982 MAR p. 1934, Eff. 10/29/82; REP,…

10.16.904 PLACEMENT/PROGRAM MAINTAINED (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; REP, 1993 MAR p. 1913, Eff. 8/13/93.

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. Authorizing statute(s): Sec. 2-4-306, MCA Implementing statute(s): Sec. 2…

10.20.101 DEFINITIONS (REPEALED) Authorizing statute(s): 20-9-102, 20-9-346, 20-9-369, MCA Implementing statute(s): 20-9-313, 20-9-314, MCA History: NEW, 1990 MAR p. 505, Eff. 3/16/90; AMD, 1992 MAR p. 214, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.20.102 CALCULATION OF AVERAGE NUMBER BELONGING (ANB) 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. The Super…

10.20.102A BUDGET UNIT 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 incorporat…

10.20.103 CIRCUMSTANCES UNDER WHICH THE REGULAR ANB MAY BE INCREASED FOR THE ENSUING SCHOOL FISCAL YEAR 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 …

10.20.104 ANTICIPATED UNUSUAL ENROLLMENT INCREASE - ANB CALCULATION 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 enrol…

10.20.104A INITIAL YEAR OF OPERATION OF A FULL-TIME KINDERGARTEN PROGRAM - ANB CALCULATION 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 20-9-31…

10.20.105 UNANTICIPATED ENROLLMENT INCREASE 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 unantic…

10.20.106 STUDENTS PLACED IN DAY SCHOOL EDUCATION PROGRAMS 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 Supe…

10.20.201 APPLICATION FOR INCREASED STATE AID (REPEALED) Authorizing statute(s): 20-9-166, 20-9-314, MCA Implementing statute(s): 20-9-166, 20-9-314, MCA History: NEW, 1992 MAR p. 215, Eff. 2/14/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94; REP, 1996 MAR p. 2168, Eff. 8/9/96.

10.20.202 PROCEDURE FOR COMPUTING ADDITIONAL STATE AID (REPEALED) Authorizing statute(s): 20-9-166, 20-9-314, MCA Implementing statute(s): 20-9-166, 20-9-314, MCA History: NEW, 1992 MAR p. 215, Eff. 2/14/92; AMD, 1992 MAR p. 2142, Eff. 9/25/92; AMD, 1994 MAR p. 1824, Eff. 7/8/94;…

10.20.203 FOUNDATION PROGRAM SCHEDULES FOR ADDITIONAL STAFF (REPEALED) Authorizing statute(s): 20-3-106, MCA Implementing statute(s): 20-9-318, 20-9-322, MCA History: NEW, 1992 MAR p. 215, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.21.101 DEFINITIONS (REPEALED) Authorizing statute(s): 20-9-369, MCA Implementing statute(s): 15-23-607, 15-23-703, 20-9-366, 20-9-367, 20-9-368, 20-9-369, MCA History: NEW, 1990 MAR p. 505, Eff. 3/16/90; AMD, 1992 MAR p. 217, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.…

10.21.101A EXPLANATION OF THE PURPOSE OF STATEWIDE AND DISTRICT GTB RATIOS (REPEALED) 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; REP, 2000 MA…

10.21.101B CALCULATION OF STATEWIDE GTBA 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. The statewide…

10.21.101C NOTIFICATION OF MILL VALUES PER ANB AND GTB RATIOS 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. By…

10.21.101D CALCULATION OF DISTRICT RATIO 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…

10.21.101E WHICH DISTRICTS QUALIFY FOR GTBA ON GENERAL FUND MILLS 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. In order to receive GTBA for general fund BAS…

10.21.101F CALCULATION OF GENERAL FUND GTBA TO QUALIFYING DISTRICTS 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 …

10.21.101G SCHOOL DISTRICT BOUNDARY CHANGES 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 …

10.21.101H CALCULATION OF DEBT LIMITS 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 taxabl…

10.21.101I SCHOOL FACILITY ADVANCES AND REIMBURSEMENTS 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…

10.21.102 DATA USED IN GTB CALCULATIONS (REPEALED) Authorizing statute(s): 20-9-369, MCA Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, MCA History: NEW, 1990 MAR p. 507, Eff. 3/16/90; REP, 1992 MAR p. 217, Eff. 2/14/92.

10.21.102A GTBA ON GENERAL FUND AND RETIREMENT MILLS AND SCHOOL FACILITY ADVANCE AND REIMBURSEMENT In addition to direct state aid and special education payments, the state pays: GTBA on general fund mills of qualifying districts; GTBA on retirement fund mills of qualifying count…

10.21.102B CALCULATION OF COUNTY MILL VALUES PER ANB 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 mil…

10.21.102C WHICH COUNTIES QUALIFY FOR GTBA ON RETIREMENT MILLS 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 …

10.21.102D JOINT DISTRICTS AND CO-OPS 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 w…

10.21.102E CALCULATION OF GTBA TO QUALIFYING COUNTIES 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 calcula…

10.21.103 CALCULATION OF MILL VALUES PER ANB AND GTB AID PAYMENTS (REPEALED) Authorizing statute(s): 20-9-369, MCA Implementing statute(s): 20-9-366, 20-9-367, 20-9-368, 20-9-369, MCA History: NEW, 1990 MAR p. 507, Eff. 3/16/90; AMD, 1992 MAR p. 443, Eff. 2/14/92; REP, 1994 MAR p…

10.21.104 DISTRIBUTION OF GTBA 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.…

10.21.105 RECORDS OF GTBA CALCULATIONS AND PAYMENTS (REPEALED) 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, 1994 MAR p. 1824, Eff. 7/8/94;…

10.21.201 QUALITY EDUCATOR PAYMENTS - GENERAL FUND 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. The number of FTE used to determin…

10.21.202 AT RISK STUDENT PAYMENTS - GENERAL FUND 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. Payments will be distributed to school districts by the Superintendent…

10.21.203 INDIAN EDUCATION FOR ALL PAYMENTS - GENERAL FUND 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. Payments will be distributed to school districts by …

10.21.204 AMERICAN INDIAN ACHIEVEMENT GAP PAYMENTS - GENERAL FUND 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. The number of students used to determi…

10.22.101 DEFINITIONS (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-104, 20-9-315, MCA History: NEW, 1990 MAR p. 508, Eff. 3/16/90; AMD, 1992 MAR p. 219, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.22.102 GENERAL FUND SPENDING LIMITS The trustees must adopt a budget at least equal to the BASE budget. For purposes of determining general fund spending limits, the trustees may add to the current year budget: the sum of any increases in state funding for any/all of the follo…