Montana Administrative Code

10.57.421 CLASS 4 ENDORSEMENTS 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 but a…

10.57.422 CLASS 4B CAREER AND VOCATIONAL/TECHNICAL EDUCATION LICENSE (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081,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10.57.423 CLASS 4C CAREER AND VOCATIONAL/TECHNICAL EDUCATION LICENSE (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 2081,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 There are three types of Class 5 licenses: a Class 5A provisional license that is valid forone year; a Class 5B provisional license that is valid forthree years; and a Class 5C provisional license that is valid for three years. A Montana educ…

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

10.57.426 CLASS 5 PROVISIONAL LICENSE – SECONDARY, K-12, AND P-12 SPECIAL EDUCATION LEVELS (REPEALED) Authorizing statute(s): 20-4-102, MCA Implementing statute(s): 20-4-106, 20-4-108, MCA History: NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2009 MAR p. 345,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 To obtain a Class 5 provisional license with a superintendent endorsement, an applicant must provide verification of: An education specialist, master's, or doctoral degreefrom an institutionally accredited college…

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

10.57.429 CLASS 5 PROVISIONAL LICENSE - SECONDARY PRINCIPAL ENDORSEMENT (REPEALED) Authorizing statute(s): Mont.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 To obtain a Class 5 provisional license with a supervisor endorsement, an applicant must provide verification of: a master's degree from an institutionally accredited college or university in the area requested for su…

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

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

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

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

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

10.57.437 CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY LICENSE A faculty member of a college or university is required to hold a Class 8 dual credit license, unless already licensed or eligible for licensure as a Class 1, 2, or 4 and properly endorsed, whenever a faculty member is t…

10.57.438 CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY LICENSE ENDORSEMENTS Areas approved for endorsement on Class 8 dual credit-only postsecondary faculty licenses are listed in ARM 10.57.412 and 10.57.421. Applicants for the Class 8 license with degrees in highly specialized acad…

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

10.57.501 SOCIAL WORKERS, NURSES AND SPEECH AND HEARING THERAPISTS 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. Speech and hearing thera…

10.57.601 REQUEST FOR DISCIPLINE AGAINST THE LICENSE OF AN EDUCATOR/SPECIALIST: PRELIMINARY ACTION 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 by on…

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

10.57.601B REVIEW 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 is …

10.57.602 NOTICE OF HEARING 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 30 da…

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

10.57.604 POST HEARING PROCEDURE 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: uphold the decision of the Superintendent of Public Instruct…

10.57.605 SURRENDER OF AN EDUCATOR/SPECIALIST LICENSE 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. Surrender of a license to the Superint…

10.57.606 REPORTING OF THE SURRENDER, DENIAL, REVOCATION, OR SUSPENSION OF A LICENSE 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 con…

10.57.607 APPEAL FROM DENIAL OF AN EDUCATOR/SPECIALIST LICENSE 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 notice o…

10.57.608 CONSIDERATIONS GOVERNING ACCEPTANCE OF APPEAL IN CASES ARISING UNDER 20-4-104 , MCA 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 the bo…

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 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 sta…

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 The Board of Public Education shall adopt procedures for the accreditation review of educator preparation providers. The Superintendent of Public Instruction shall implement the Board of Public Education…

10.58.103 ACCREDITATION SITE REVIEWS 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. Join…

10.58.104 ACCREDITED PROGRAMS 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. Pursuant to 20-4-121, MCA, the re…

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.

10.58.202 ORGANIZATION (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.

10.58.203 STUDENT ADMISSION, RETENTION, AND EXIT POLICIES AND PRACTICES (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…

10.58.204 STUDENT PERSONNEL SERVICES (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.

10.58.205 STUDENT PARTICIPATION IN TEACHER EDUCATION PROGRAM DEVELOPMENT AND EVALUATION (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, 2000 MAR p. 2406, …

10.58.206 FACULTY (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, 1994 MAR p. 2722, Eff. 10/14/94; REP, 2000 MAR p. 2406, Eff. 9/8/00.

10.58.207 INSTRUCTION (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, 2000 MAR p. 2406, Eff. 9/8/00.

10.58.208 FACILITIES AND INSTRUCTIONAL MATERIALS (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, 1994 MAR p. 2722, Eff. 10/14/94; REP, 2007 MAR p. 190, Ef…

10.58.209 SCHOOL-INSTITUTION RELATIONS (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, 1994 MAR p. 2722, Eff. 10/14/94; REP, 2000 MAR p. 2406, Eff. 9/8/00…