Montana Administrative Code

10.58.526 TRAFFIC EDUCATION The program requires that successful candidates: demonstrate an understanding of the state requirements for approval of a traffic education program (i.e., school and teacher, student age, scheduling, program length, and liability); demonstrate an under…

10.58.527 AREAS OF PERMISSIVE SPECIAL COMPETENCY (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-1-501, 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff.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; AMD, 1998 MAR …

10.58.528 COMPUTER SCIENCE The program requires that successful candidates: demonstrate knowledge of computer science content, models, important principles, and concepts through: knowledge of, and proficiency in, the use of primitive data types; understanding of data representati…

10.58.531 EARLY CHILDHOOD EDUCATION The program requires that successful candidates: identify, apply, and reflect on their knowledge of child development by: demonstrating an understanding of early childhood (birth-age 8) characteristics and needs across multiple, interrelated ar…

10.58.532 ELEMENTARY The program requires that successful candidates: demonstrate knowledge and understanding of the major concepts, principles, theories, and research related to the development of children and young adolescents and apply these understandings to construct learnin…

10.58.533 MIDDLE GRADES (4-8) The program ensures that successful candidates demonstrate knowledge of young adolescent development and an understanding of the middle grades learner and learning. Candidates demonstrate: knowledge and understanding of the major concepts, principles…

10.58.534 ENGLISH AS A SECOND LANGUAGE (ESL) The English as a Second Language (ESL) program requires that successful candidates: demonstrate understanding of language as a system, including phonology, morphology, syntax, pragmatics, and semantics; use the major language acquisiti…

10.58.601 PROGRAM PLANNING AND DEVELOPMENT (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84;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, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/1…

10.58.602 TEACHING AREAS: ADVANCED PROGRAMS (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1979 MAR p. 492, Eff. 5/25/79; AMD, 1984 MAR p. 831, Eff. 5/18/84;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, 2007 MAR p. 190, Eff. 2/9/07; REP, 2014 MAR p. 2936, Eff. 7/1/…

10.58.603 ASSESSMENT OF ADVANCED PROGRAMS (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 2000 MAR p. 2406, Eff. 9/8/00; AMD, 2007 MAR p. 190, Eff. 2/9/07; REP, 2014 MAR p. 2936, Eff. 7/1/15.

10.58.604 ADVANCED PROGRAMS Advanced-level preparation is provided through programs at the graduate level leading to licensure, certification, or endorsement. Advanced-level programs are designed to develop P-12 teachers who have already completed initial licensure, currently lic…

10.58.605 ADVANCED CONTENT AND PEDAGOGICAL KNOWLEDGE The provider ensures that advanced program candidates: develop understanding of the critical concepts and principles of their discipline and by completion are able to use discipline-specific practices to advance the learning of…

10.58.606 ADVANCED CLINICAL PARTNERSHIPS AND PRACTICE The provider: ensures that effective partnerships and high-quality clinical practice are central to candidates' preparation to develop the knowledge, skills, and professional dispositions necessary to demonstrate positive impa…

10.58.607 ADVANCED CANDIDATE QUALITY, RECRUITMENT, PROGRESSION, AND SUPPORT The provider: demonstrates that the quality of advanced program candidates is an ongoing and intentional focus so that completers are prepared to perform effectively and can be recommended for certificati…

10.58.608 ADVANCED PROGRAM SATISFACTION WITH PREPARATION The provider: demonstrates, using valid and reliable data that employers are satisfied with the advanced program completersꞌ preparation for their responsibilities working with P-12 students and their families; and demonstr…

10.58.609 ADVANCED PROVIDER QUALITY ASSURANCE AND CONTINUOUS IMPROVEMENT The provider: develops a quality assurance system that consists of valid and reliable data from multiple measures that documents the advanced program's operational effectiveness and supports continuous impro…

10.58.610 SCHOOL COUNSELING K-12 The program requires that successful candidates: demonstrate knowledge of school counseling program models, the history, development, trends, philosophy, leadership, advocacy, qualities and styles of effective leadership in schools, and profession…

10.58.701 SUPERVISORS (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; AMD, 2000 MAR p. 2406, Eff. 9/8/00; REP, 2007 MAR p…

10.58.702 SCHOOL PRINCIPALS (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, 1985 MAR p. 1397, Eff. 9/27/85.

10.58.703 SCHOOL SUPERINTENDENTS (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, 1985 MAR p. 1397, Eff. 9/27/85.

10.58.704 SCHOOL PRINCIPALS AND SUPERINTENDENTS (REPEALED) Authorizing statute(s): 20-2-114, MCA Implementing statute(s): 20-2-121, MCA History: NEW, 1985 MAR p. 1397, Eff. 9/27/85; AMD, 1989 MAR p. 397, Eff. 3/31/89; AMD, 1994 MAR p. 2722, Eff. 10/14/94; AMD, 2000 MAR p. 2406, E…

10.58.705 SCHOOL PRINCIPALS, SUPERVISORS, AND CURRICULUM DIRECTORS The program requires that a candidate who completes a school principal, supervisor, and curriculum director educational leadership preparation program understands and demonstrates the capacity to promote the curre…

10.58.706 SUPERINTENDENTS The program requires that a candidate who completes a superintendent educational leadership preparation program understands and demonstrates the capacity to promote the current and future success and well-being of each student and adult by applying the k…

10.58.707 SCHOOL PSYCHOLOGISTS The program requires that successful candidates: demonstrate an understanding of the integrated and comprehensive training philosophy/mission, goals, objectives, program of study, and supervised practice; demonstrate knowledge of these domains in th…

10.58.801 TYPES OF PROGRAMS (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, 2007 MAR p. 190, Eff. 2/9/07; REP, 2014 MAR p. 2936, Eff. 7/1/15.

10.58.802 APPROVAL OF NEW CURRICULAR PROGRAMS The provider may request the approval of a new curricular program by describing the purpose, need, and objectives of the program and the impact on P-12 education. The provider: ensures that the program of study is based on current res…

10.58.901 STANDARDS FOR APPROVING COMPETENCY-BASED OR PERFORMANCE-BASED PROGRAMS (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, 2014 MAR p. 2936, Eff. 7/…

10.59.101 BOARD OF PUBLIC EDUCATION POLICY STATEMENT All real and personal property transferred to the board of public education, Montana school for the deaf and blind, or school for the deaf and blind foundation by purchase, gift, devise, bequest or otherwise acquired and the pr…

10.59.102 CONTRACT BETWEEN THE BOARD OF PUBLIC EDUCATION AND THE SCHOOL FOR THE DEAF AND BLIND FOUNDATION The board of public education shall contract with the school for the deaf and blind foundation for the management of such property and its proceeds, interest and income. Auth…

10.59.103 CONTENTS OF THE CONTRACT The contract between the Board of Public Education and the foundation must require the foundation to have: articles of incorporation which without limitation stipulate that the superintendent of the school for the deaf and blind shall by virtue …

10.59.104 QUARTERLY REPORT The presiding officer of the foundation or his designee shall report to the board of public education each quarter at one of its regular meetings: Principal and income statement identifying investment holdings; List of designated funds or restricted gif…

10.6.101 SCOPE OF RULES These rules govern the procedure for conducting all hearings on school controversy cases arising under the provisions of Title 20, MCA, before the county superintendent or the county transportation committee, and all appeals to the state superintendent of …

10.6.102 SCHOOL CONTROVERSY MEANS CONTESTED CASE Contested case means any proceeding in which a determination of legal rights, duties or privileges of a party is required by law to be made after an opportunity for hearing. Authorizing statute(s): 20-3-107, MCA Implementing statut…

10.6.103 INITIATING SCHOOL CONTROVERSY PROCEDURE PROCESS A person who has been aggrieved by a final decision of the board of trustees of a school district in a contested case is entitled to commence an appeal before the county superintendent. A school controversy contested case s…

10.6.103A SPECIAL EDUCATION DUE PROCESS HEARING PROCEDURES (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, 20-3-211, MCA History: NEW, 1988 MAR p. 1251, Eff. 6/24/88; REP, 1990 MAR p. 933, Eff. 5/18/90.

10.6.103B POLICY STATEMENT (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, 20-3-211, MCA History: NEW, 1988 MAR p. 1251, Eff. 6/24/88; REP, 1990 MAR p. 933, Eff. 5/18/90.

10.6.104 JURISDICTION The county superintendent shall upon receipt of the notice of appeal, determine: whether the appeal is a contested case; and whether he/she has jurisdiction on the matter. The county superintendent shall, at all times, have jurisdiction to determine the juri…

10.6.105 COMMENCEMENT OF ACTION/REQUIREMENTS OF THE NOTICE OF APPEAL The appealing party shall be known as petitioner, and the responding party shall be known as respondent. When a party appeals to the county superintendent, the notice of appeal must include: a caption setting fo…

10.6.106 NOTICE OF HEARING (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, MCA History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; REP, 1993 MAR p. 344, Eff. 3/12/93.

10.6.107 CONFERENCE AND INFORMAL DISPOSITION The county superintendent may informally confer with the parties for the purpose of attempting informal disposition of any contested case. This conference of informal disposition may occur at any time prior to the issuing of the final …

10.6.108 COUNTY SUPERINTENDENT'S PREHEARING PROCEDURE - FORMULATING ISSUES In any action, the county superintendent within 10 working days of receipt of the reply to the appeal shall order a prehearing conference, which may be held by telephone conference call, to consider: the s…

10.6.109 DISCOVERY The county superintendent may compel or limit discovery prior to the hearing and/or prehearing conference pursuant to ARM 10.6.110 through 10.6.113. Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, MCA History: NEW, 1982 MAR p. 1689, Eff…

10.6.110 DISCOVERY METHODS Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written questions; production of documents or things, or permission to enter upon land or property; request for admissions. Any…

10.6.111 SCOPE OF DISCOVERY Unless otherwise limited by order of the county superintendent, the scope of discovery is as follows: in general, parties may obtain discovery regarding any matter not privileged, which is relevant to the subject matter involved in the pending action, …

10.6.112 LIMITATIONS ON DISCOVERY BY THE COUNTY SUPERINTENDENT Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the county superintendent before whom the action is pending may make any order which justice required to protect a party…

10.6.113 SEQUENCE AND TIMING OF DISCOVERY The county superintendent shall provide reasonable discovery on the relevant issues for the hearing and shall establish a calendar so as not to allow discovery to delay a hearing. A request for discovery directed to the party must be made…

10.6.114 EX-PARTE CONSULTATIONS The county superintendent, after receipt of a notice of appeal, 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. Authorizing statute(s):…

10.6.115 POWERS OF THE COUNTY SUPERINTENDENT The county superintendent may: administer oaths; issue subpoenas; provide for the taking of testimony by depositions; set the time and place of the hearing and direct parties to appear and confer to consider simplification of the issue…

10.6.116 HEARINGS The hearing will be conducted before the county superintendent in the order set at the prehearing conference and will include: statement and evidence of the petitioner or other party in support of its action; statement and evidence of the respondent in support o…

10.6.117 ABILITY OF CROSS-EXAMINATION OR PARTICIPATION IN THE HEARING (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, MCA History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; REP, 1993 MAR p. 344, Eff. 3/12/93.