Montana Administrative Code

10.6.118 RECORD The record in the hearing shall include: all pleadings, motions, intermediate ruling; all evidence received plus a stenographic or tape-recorded record of oral proceeding; a statement of matters officially noticed; questions and offers or proof, objections and pro…

10.6.119 FINAL ORDER The final order by the county superintendent shall be in writing and shall include findings of fact and conclusions of law separately stated and a memorandum opinion as appropriate. Findings of fact, as set forth in statutory language, shall be accompanied by…

10.6.119A FINAL ORDER ON SPECIAL EDUCATION DUE PROCESS HEARING DECISIONS (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, 20-3-211, MCA History: NEW, 1988 MAR p. 1251, Eff. 6/24/88; REP, 1990 MAR p. 933,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.

10.6.120 COUNTY ATTORNEY RULE (REPEALED) Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, MCA History: NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff.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.

10.6.121 APPELLATE PROCEDURE - SCOPE OF RULES The superintendent of public instruction shall decide matters of controversy when they are appealed from a decision of a county superintendent. All references made to the county superintendent shall also include the county transportat…

10.6.122 APPELLATE PROCEDURE - NOTICE OF APPEAL - FILING An appeal shall be taken by filing a notice of appeal with the state superintendent of public instruction. The date of filing shall be the date of actual delivery to the office of the state superintendent. A copy of such no…

10.6.123 APPELLATE PROCEDURE - CONTENTS OF THE NOTICE OF APPEAL the appealing party shall be known as appellant, and the responding party shall be known as respondent. When a party appeals to the state superintendent of public instruction, the notice of appeal must include: a cap…

10.6.124 APPELLATE PROCEDURE - TRANSMISSION OF RECORD Upon receipt of a copy of the notice of appeal to the state superintendent of public instruction, the county superintendent shall transmit the record along with a certified docket listing the contents of the record. The record…

10.6.125 APPELLATE PROCEDURE - STANDARD OF REVIEW The state superintendent of public instruction shall be subject to the standard of review as set forth below and shall be confined to the record established at the fact finding hearing. In cases of alleged irregularities in proced…

10.6.126 APPELLATE PROCEDURE - COMMENCEMENT OF ACTION (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.

10.6.127 APPELLATE PROCEDURE - TIME Appellant shall appeal from the order of the county superintendent of schools to the state superintendent of public instruction within 30 days after the rendering of such order unless the time is shortened or extended by an order entered by the…

10.6.128 APPELLATE PROCEDURE - DECISION The decision and order of the superintendent of public instruction shall be final, subject to the proper legal remedies in the state/federal courts. Such proceedings shall be commenced no later than 60 days after the date of the decision an…

10.6.129 APPELLATE PROCEDURE - FAILURE TO COMPLY WITH THESE RULES Every party to a controversy shall comply with these rules of procedure. Failure of one party to do what is required and which substantially prejudices the proceedings is cause for dismissal or reversal as appropri…

10.6.130 APPELLATE PROCEDURE The state superintendent may upon agreement of all parties conduct oral argument by means of telecommunication or teleconferencing methods. Authorizing statute(s): 20-3-107, MCA Implementing statute(s): 20-3-107, MCA History: NEW, 1982 MAR p. 1689, Ef…

10.60.101 BOARD OF PUBLIC EDUCATION POLICY STATEMENT It shall be the policy of the board of public education to foster the development and continuation of appropriate special education services for all identified children with disabilities with the opportunity to become confident…

10.60.102 DUE PROCESS IN SERVICES Special education services shall include the provision of due process to ensure the rights of children with disabilities. The goal of due process is to prevent harm to children, parents and society. Due process shall include protection regarding …

10.60.103 IDENTIFICATION OF CHILDREN WITH DISABILITIES In order that a free, appropriate, public education be provided to all children, all persons who can assist in identifying the disability and determine services to meet the needs of a child shall participate in the placement …

10.60.104 ANNUAL REPORT OF SPECIAL EDUCATION PROGRAMS IN MONTANA The superintendent of public instruction will report to the board of public education each December the number of special education programs in the state, number of students enrolled in the programs and the total bu…

10.61.101 COOPERATIVE PROGRAMS BETWEEN THE MONTANA SCHOOL FOR THE DEAF AND BLIND AND GREAT FALLS SCHOOL DISTRICT #1 The board of public education authorizes and en-courages the administration of the Montana school for the deaf and blind to enter into cooperative education and tra…

10.61.102 RESPONSIBILITY FOR OUTREACH AND ITINERANT SER-VICES FOR THE HEARING IMPAIRED AND VISUALLY IMPAIRED To be consistent with the philosophy of least restrictive alternative for education and to maintain a continuum of alternatives which assures the best possible availabilit…

10.61.103 SUMMER PROGRAMS SPONSORED BY THE MONTANA SCHOOL FOR THE DEAF AND BLIND Upon application and approval by the board of public education and contingent on supplementary source of funding, the Montana school for the deaf and blind may conduct instructional and/or educationa…

10.61.104 SCHOOL CALENDAR, LENGTH OF SCHOOL YEAR, AND RE-QUIRED SCHOOL VACATIONS The board establishes as policy that the administration of the Montana school for the deaf and blind shall: adopt a yearly calendar having not less than 180 or more than 186 instructional days; such …

10.61.201 ADMISSION OF STUDENTS TO THE MONTANA SCHOOL FOR THE DEAF AND BLIND The following procedures shall govern the admission of students at the Montana school for the deaf and blind: The parent or legal guardian must complete an appli-cation for admission. A medical examinati…

10.61.202 RESIDENCE OF CHILDREN AT THE MONTANA SCHOOL FOR THE DEAF AND BLIND Admission of children as residents in the dormitory at the Montana school for the deaf and blind shall be as follows: All children otherwise certified as admissable students and residing outside the imme…

10.61.203 NON-RESIDENT CHILDREN ADMITTANCE TO THE MONTANA SCHOOL FOR THE DEAF AND BLIND Inasmuch as the physical facilities and staff of the school are utilized to their fullest for residential children of Montana, the board of pub-lic education directs the superintendent to not …

10.61.204 TRANSFER TO LOCAL EDUCATION AGENCY The transfer of students from the Montana school for the deaf and blind to another educational placement shall be accomplished by: recommendation of the child study team; concurrence of the parents; and consultation with and acceptance…

10.61.205 SUSPENSION For those circumstances or conditions where a student at the Montana school for the deaf and blind is to be suspended, the superintendent shall use the following procedures. (Suspension is defined as a short term guidance or disciplinary placement of the chil…

10.61.206 EXPULSION OF STUDENTS FROM THE MONTANA SCHOOL FOR THE DEAF AND BLIND Expulsion will be resorted to only when it is evident that there is little or no possibility of the pupil's being able to benefit from continued school experience and that his presence would constitute…

10.61.207 STUDENT TRANSPORTATION The board establishes as policy that the administration of the Montana school for the deaf and blind shall provide for each residential student the most cost-effective and convenient method of transportation to and from home each scheduled travel …

10.62.101 FIRE DEPARTMENT INSTRUCTOR CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-2-114, 20-31-102 MCA Implementing statute(s): Sec. 20-31-103, MCA History: NEW, 1980 MAR p. 1116, Eff. 3/28/80; AMD, 1981 MAR p. 604, Eff. 6/26/81; REP, 1984 MAR p. 1473, Eff. …

10.62.102 COURSE CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-2-114, 20-31-102 MCA Implementing statute(s): Sec. 20-31-103 MCA: NEW, 1980 MAR p. 1116, Eff. 3/28/80, REP, 1984 MAR p. 1473, Eff. 10/12/84. History:

10.62.103 CERTIFICATION OF FIREFIGHTER I, CERTIFIED FIREFIGHTER II, AND ADVANCED CERTIFIED FIREFIGHTER III (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-2-114, 20-31-102 MCA Implementing statute(s): Sec. 20-31-103 MCA History: NEW, 1980 MAR p. 1116, Eff. 3/28/80; REP, 1984…

10.63.101 APPLICATION AND PROCEDURES The early childhood education standards are focused on developmentally appropriate supports and strategies to enhance learning outcomes for a child between the ages of 3 and 5 for preschool programs and between the ages of 4 and 5 for early ta…

10.63.102 DEFINITIONS For the purposes of this chapter, the following terms apply: ʺAccreditationʺ means certification by the Board of Public Education that a school meets the adopted standards of the Board of Public Education for a specified school year. ʺAssessmentʺ means the g…

10.63.103 LEADERSHIP The early childhood education program leadership shall effectively implement policies, procedures, and systems that support stable staff and strong personnel, fiscal, and program management so all students, families, and staff have high-quality experiences. P…

10.63.104 TEACHER ASSIGNMENTS AND QUALIFICATIONS FOR PUBLIC PRESCHOOL AND EARLY TARGETED INTERVENTIONS Teachers shall be assigned at the levels for which they are licensed and endorsed in accordance with state statutes and Board of Public Education rules. Teachers with an early c…

10.63.105 EARLY CHILDHOOD PARAPROFESSIONAL QUALIFICATIONS Early childhood paraprofessionals must have: completed two years of study at an institution of higher education; or obtained an associateꞌs (or higher) degree; or a high school diploma and meet a rigorous standard of quali…

10.63.106 EARLY CHILDHOOD PARAPROFESSIONAL SUPERVISION Early childhood paraprofessionals shall be under the direct supervision of a licensed teacher who is responsible for instruction and assessment of students. Early childhood paraprofessionals assigned to assist students with s…

10.63.107 CLASS SIZE There must be one appropriately licensed and endorsed teacher for 10 students, for up to no more than 18 total students in a classroom with two adults. With classrooms exceeding 10 students, an early childhood paraprofessional is required at a rate of one hou…

10.63.108 AGGREGATE HOURS (REPEALED) (REPEALED) Authorizing statute(s): 20-7-101, MCA Implementing statute(s): 20-7-117, MCA History: NEW, 2014 MAR p. 2943, Eff. 7/1/15; AMD, 2015 MAR p. 1055, Eff. 7/31/15; REP, 2024 MAR p. 722, Eff. 4/13/24.

10.63.109 ENROLLMENT ELIGIBILITY A child must have reached three years of age before the districtsꞌ official start date of the preschool program or have been enrolled by special permission by the board of trustees. A child who is 4 years of age or older on or before September 10 …

10.63.110 EARLY LEARNING DEVELOPMENTAL DOMAINS AND CONTENT STANDARDS The following early learning developmental domains represent the foundational skills all students need to be successful learners. The development of communication, language, and literacy skills supports the grow…

10.63.111 CURRICULUM AND ASSESSMENT The early childhood curriculum, as defined in ARM 10.63.102, shall: contain a written philosophy and framework, grounded in research-based understandings of child development, to provide a clear, coherent focus for planning students' experience…

10.63.112 INSTRUCTION Theearly childhood educationprogram shall ensure developmentally, culturally, and linguistically appropriate and effective teaching strategies that enhance studentsꞌ development and learning of the early learning content standards in ARM 10.63.110 through th…

10.63.113 PHYSICAL AND LEARNING ENVIRONMENTS Theearly childhood educationprogram shall ensure an appropriate and well-maintained safe and healthful physical environment that: is designed to protect student health and safety; allows for supervision of students primarily by sight; …

10.63.114 CHILD GUIDANCE Child guidance means employing a variety of strategies to foster self-regulation, respect for others, problem solving, and social and emotional development in an ongoing interactive process and helps students learn how to communicate with others in develo…

10.63.115 FAMILY AND COMMUNITY ENGAGEMENT The early childhood education program staff shall establish and maintain collaborative relationships with each childꞌs family and community to foster the studentꞌs development in all settings. To ensure collaborative relationships between…

10.64.101 PENALTY FOR NONCOMPLIANCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 20-2-121, MCA Implementing statute(s): Sec. 20-10-104, MCA History: Eff. 7/8/77; ARM Pub. 11/26/77; REP, 2002 MAR p. 2187, Eff. 8/16/02.

10.64.201 SCHOOL BUS DRIVER QUALIFICATIONS In addition to the school bus driver qualifications set forth in 20-10-103, MCA, the Board of Public Education requires that school bus drivers must obtain a Montana school bus driver certificate (form TR-35) pursuant to the requirements…

10.64.301 SCHOOL BUS REQUIREMENTS The Board of Public Education adopts and incorporates the Standards for School Buses in Montana – 2022. A copy of this document is available from the Office of Public Instruction, Pupil Transportation Division, P.O. Box 202501, Helena, Montana 59…