Montana Administrative Code

10.57.416 CLASS 3 ADMINISTRATIVE LICENSE - SECONDARY PRINCIPAL ENDORSEMENT (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AM…

10.57.417 CLASS 3 ADMINISTRATIVE LICENSE - K-12 PRINCIPAL ENDORSEMENT (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 20…

10.57.418 CLASS 3 ADMINISTRATIVE LICENSE - SUPERVISOR ENDORSEMENT (1) To obtain a supervisor endorsement in specific fields such as math, music, and school counseling an applicant must provide verification of: (a) completion of an approved educator preparation program with a reco…

10.57.419 CLASS 3 ADMINISTRATIVE LICENSE - SPECIAL EDUCATION SUPERVISOR ENDORSEMENT (1) To obtain a supervisor endorsement in the specific field of special education an applicant must provide verification of: (a) completion, at an institutionally accredited college or university,…

10.57.420 CLASS 4 CAREER AND TECHNICAL EDUCATION LICENSE (1) A Class 4 license is specific to career and technical education and shall be valid for a period of five years. (2) There are three types of Class 4 licenses: (a) A Class 4A license issued to individuals holding a valid …

10.57.421 CLASS 4 ENDORSEMENTS (1) Recognized occupations eligible for a Class 4 license shall be evaluated on an annual basis by the Superintendent of Public Instruction. Appropriate career and technical education areas acceptable for endorsement on the Class 4 license include b…

10.57.422 CLASS 4B CAREER AND VOCATIONAL/TECHNICAL EDUCATION LICENSE (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081, Eff. 9/30/03; REP, 2009 MAR p. 345, Eff. 3/…

10.57.423 CLASS 4C CAREER AND VOCATIONAL/TECHNICAL EDUCATION LICENSE (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081, Eff. 9/26/03; REP, 2009 MAR p. 345, Eff. 3/…

10.57.424 CLASS 5 PROVISIONAL LICENSE (1) There are three types of Class 5 licenses: (a) a Class 5A provisional license that is valid for one year; (b) a Class 5B provisional license that is valid for three years; and (c) a Class 5C provisional license that is valid for three yea…

10.57.425 CLASS 5 PROVISIONAL LICENSE - ENDORSEMENTS (1) Subject field endorsement must be in areas approved for endorsement by the Board of Public Education. (2) Areas approved for endorsement on Class 5 provisional license include the following: agriculture, art K-12, biology, …

10.57.426 CLASS 5 PROVISIONAL LICENSE – SECONDARY, K-12, AND P-12 SPECIAL EDUCATION LEVELS (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345, Eff. 3/27/09; AMD, 200…

10.57.427 CLASS 5 PROVISIONAL LICENSE – SUPERINTENDENT ENDORSEMENT (1) To obtain a Class 5 provisional license with a superintendent endorsement, an applicant must provide verification of: (a) An education specialist, master's, or doctoral degree from an institutionally accredite…

10.57.428 CLASS 5 PROVISIONAL LICENSE - PRINCIPAL ENDORSEMENT (1) To obtain a Class 5 provisional license with an elementary, secondary, or K-12 principal endorsement, an applicant must provide verification of: (a) an education specialist, master's degree from an institutionally …

10.57.429 CLASS 5 PROVISIONAL LICENSE - SECONDARY PRINCIPAL ENDORSEMENT (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, …

10.57.430 CLASS 5 PROVISIONAL LICENSE - K-12 PRINCIPAL ENDORSEMENT (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 …

10.57.431 CLASS 5 PROVISIONAL LICENSE - SUPERVISOR ENDORSEMENT (1) To obtain a Class 5 provisional license with a supervisor endorsement, an applicant must provide verification of: (a) a master's degree from an institutionally accredited college or university in the area requeste…

10.57.432 CLASS 5 PROVISIONAL LICENSE - SPECIALIST ENDORSEMENT (1) To obtain a Class 5 provisional license with a specialist endorsement in school psychology, an applicant must provide: (a) verification of a master's degree or greater in school psychology or related field from an…

10.57.433 CLASS 6 SPECIALIST LICENSE (1) A Class 6 specialist license is valid for a period of five years. (2) Class 6 specialist licenses may be issued with the following endorsements: (a) school psychologist; or (b) school counselor. (3) Applicants for an initial Montana Class …

10.57.434 CLASS 6 SPECIALIST LICENSE - SCHOOL PSYCHOLOGIST (1) To obtain a Class 6 specialist license with a school psychologist endorsement an applicant must provide verification of one of the following: (a) current credentials as a nationally certified school psychologist (NCSP…

10.57.435 CLASS 6 SPECIALIST LICENSE - SCHOOL COUNSELOR (1) To obtain a Class 6 specialist license with a school counselor endorsement an applicant must provide verification of: (a) a master's degree from an institutionally accredited college or university; and (b) completion of …

10.57.436 CLASS 7 AMERICAN INDIAN LANGUAGE AND CULTURE SPECIALIST (1) A Class 7 American Indian language and culture specialist license is valid for a period of five years. (2) The Superintendent of Public Instruction shall issue a Class 7 license based upon verification by the a…

10.57.437 CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY LICENSE (REPEALED) (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2008 MAR p. 2050, Eff. 9/26/08; AMD, 20…

10.57.438 CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY LICENSE ENDORSEMENTS (REPEALED) (REPEALED) Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA Implementing statute(s): Mont. Const. Art. X., sec. 9, 20-4-106, 20-4-108, MCA History: NEW, 2009 MAR p. 2244, Eff. 11…

10.57.439 CLASS 9 SPECIAL EDUCATION TECHNICIAN LICENSE (1) A Class 9 special education technician license shall be valid for a term of five years. (2) To obtain a Class 9 special education technician license, an applicant must submit verification of all of the following: (a) hold…

10.57.501 SOCIAL WORKERS, NURSES AND SPEECH AND HEARING THERAPISTS (1) Professionals such as social workers, nurses and speech and hearing therapists who are teaching in a classroom must have a teaching license appropriate for the level(s) and area(s) taught. (2) Speech and heari…

10.57.601 REQUEST FOR DISCIPLINE AGAINST THE LICENSE OF AN EDUCATOR/SPECIALIST: PRELIMINARY ACTION (1) Pursuant to 20-4-110, MCA, requests to issue a letter of reprimand or to suspend or revoke an educator/specialist license shall be brought before the Board of Public Education b…

10.57.601A DEFINITION OF "IMMORAL CONDUCT" (1) "Immoral conduct" related to the teaching profession, under 20-4-110(1)(f), MCA, includes, but is not limited to: (a) sexual contact, as defined in 45-2-101, MCA, or sexual intercourse as defined in 45-2-101, MCA, involving a minor o…

10.57.601B REVIEW (1) Upon receipt of a request for disciplinary action by the trustees of a district or the Superintendent of Public Instruction pursuant to 20-4-110(2), MCA, and ARM 10.57.601, the Board of Public Education shall review the allegations to determine whether there…

10.57.602 NOTICE OF HEARING (1) Upon notice of a request for disciplinary action pursuant to ARM 10.57.601 and determination of sufficient cause, the Board of Public Education shall provide notice of a pending disciplinary action to the licensee, by certified mail not less than 3…

10.57.603 HEARING IN CONTESTED CASES (1) The Board of Public Education shall select one of the following methods for providing a hearing: (a) a hearing before the board at a special or regular meeting of the board; (b) a hearing before a committee of the board that shall report t…

10.57.604 POST HEARING PROCEDURE (1) Either immediately following the hearing, or within 30 days of the conclusion of the hearing regarding an educator/specialist license, the Board of Public Education shall, as applicable: (a) uphold the decision of the Superintendent of Public …

10.57.605 SURRENDER OF AN EDUCATOR/SPECIALIST LICENSE (1) A licensee may surrender his or her license to the Superintendent of Public Instruction. The Superintendent of Public Instruction, upon review, may accept or reject the license surrender. (2) Surrender of a license to the …

10.57.606 REPORTING OF THE SURRENDER, DENIAL, REVOCATION, OR SUSPENSION OF A LICENSE (1) The Superintendent of Public Instruction shall maintain membership in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and shall report information…

10.57.607 APPEAL FROM DENIAL OF AN EDUCATOR/SPECIALIST LICENSE (1) Written notice of appeal from the decision of the Superintendent of Public Instruction to deny issuance or renewal of an educator/specialist license must be submitted to the Board of Public Education. Written noti…

10.57.608 CONSIDERATIONS GOVERNING ACCEPTANCE OF APPEAL IN CASES ARISING UNDER 20-4-104 , MCA (1) The Board of Public Education shall not consider an appeal from a denial by the Superintendent of Public Instruction based on 20-4-104, MCA, if the appellant has made an appeal to th…

10.57.609 HEARING ON APPEAL (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-110, MCA History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12;…

10.57.611 SUBSTANTIAL AND MATERIAL NONPERFORMANCE (1) A licensed staff member commits substantial and material nonperformance of an employment contract pursuant to 20-4-110(1)(g), MCA, if, after signing a binding contract of employment with a Montana school district, the licensed…

10.57.701 APPEAL FROM DENIAL OF A TEACHER, SPECIALIST OR ADMINISTRATOR CERTIFICATE (IS HEREBY TRANSFERRED) Authorizing statute(s): Sec. 20-2-121, 20-4-102, MCA Implementing statute(s): Sec. 20-4-102, 20-4-110, MCA History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628…

10.57.702 CONSIDERATIONS GOVERNING ACCEPTANCE OF APPEAL IN CASES ARISING UNDER 20-4-104 (1) (c) , MCA (IS HEREBY TRANSFERRED) Authorizing statute(s): Sec. 20-4-102, MCA Implementing statute(s): Sec. 20-4-110, MCA History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628,…

10.57.703 HEARING ON APPEAL (IS HEREBY TRANSFERRED) Authorizing statute(s): Sec. 20-4-102, MCA Implementing statute(s): Sec. 20-4-110, MCA History: NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

10.57.801 SUBSTANTIAL AND MATERIAL NON-PERFORMANCE (IS HEREBY TRANSFERRED) Authorizing statute(s): Sec. 20-2-114, 20-2-121, MCA Implementing statute(s): Sec. 20-2-121, 20-4-110, MCA History: NEW, 2002 MAR p. 1549, Eff. 5/31/02; TRANS, 2002 MAR p. 3309, Eff. 11/28/02.

10.58.101 ADVISORY GROUP (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; REP, 1988 MAR p. 1526, Eff. 7/15/88.

10.58.102 PROCESS LEADING TO ACCREDITATION OF EDUCATOR PREPARATION PROVIDERS (1) The Board of Public Education shall adopt procedures for the accreditation review of educator preparation providers. (2) The Superintendent of Public Instruction shall implement the Board of Public E…

10.58.103 ACCREDITATION SITE REVIEWS (1) Educator preparation providers (EPPs) shall sponsor an accreditation site review every seven years or on an adjusted schedule based upon coordination with national accreditation or upon request of the EPP or the Board of Public Education. …

10.58.104 ACCREDITED PROGRAMS (1) The Superintendent of Public Instruction shall report to the public the educator preparation providersꞌ accreditation status in meeting the Board of Public Educationꞌs standards for professional educator preparation. (2) Pursuant to 20-4-121, MCA…

10.58.105 OPTIONAL COMPLIANCE (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; REP, 1984 MAR p. 831, Eff. 5/18/84.

10.58.201 PURPOSES AND OBJECTIVES (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84; AMD, 2000 MAR p. 2406, Eff. 9/8/00; REP, 2007 MAR p. 190, Eff. 2/9/07.