Montana Administrative Code

10.67.104 HEARING IN CONTESTED CASES The board shall select one of the following methods for providing a hearing: a hearing or telephone hearing before the board of public education at a special or regular meeting of the board; a hearing or telephone hearing before board member(s…

10.67.105 AFTER HEARING BY MEMBER OF BOARD/HEARING EXAMINER/BOARD OF PUBLIC EDUCATION After hearing by the board of public education, the board adopts findings of fact, conclusions of law and an order either withholding equalization funds or permitting the disbursement of equaliz…

10.68.101 EDUCATIONAL MEDIA LIBRARY The Board affirms a policy which will provide media materials that develop critical thinking, objective evaluations, and aesthetic appreciation suitable to the maturity level and ability of students. For purposes of Board approval or disapprova…

10.7.101 INTRODUCTION The following rules are adopted to implement 20-10-112, MCA, which requires the Superintendent of Public Instruction to prescribe such rules as may be necessary to have a uniform and equal provision of transportation by all districts in the state of Montana.…

10.7.103 TRANSPORTATION REIMBURSEMENT ELIGIBILITY CRITERIA (REPEALED) Authorizing statute(s): 20-3-106, 20-10-112, MCA Implementing statute(s): 20-10-121, 20-10-145, 20-10-146, MCA History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; REP, 1997 MAR p. 203, …

10.7.104 CLAIM PROCEDURE First semester: By February 15 the board of trustees must provide the county superintendent with one complete copy of the first semester transportation claim using forms provided electronically by the Superintendent of Public Instruction. The district cla…

10.7.105 PUPIL TRANSPORTATION CONTRACTS School districts are required to have individual transportation contracts for the ensuing year signed by July 1. Three copies of the contract form are needed: one for the individual or contractor providing the service, one for the district …

10.7.106 CONTENTS AND LIMITATIONS OF PUPIL TRANSPORTATION CONTRACTS Section 20-10-124, MCA, provides for contracts between a school district and a parent, legal guardian or an emancipated minor to fulfill the district's obligation to furnish transportation for an eligible transpo…

10.7.106A TRANSPORTATION COSTS ALLOCATED BY OUT-OF-DISTRICT ATTENDANCE AGREEMENTS If trustees of a student's districts of residence and attendance sign an out-of-district attendance agreement that includes transportation, either district may provide bus transportation or a pupil …

10.7.107 CONTINGENCY TRANSPORTATION AND BUDGET AMENDMENTS FOR TRANSPORTATION Whenever, during the course of a school year, the district becomes obligated to provide transportation for a student, the board of trustees immediately must: provide bus service for the eligible transpor…

10.7.108 BUS CONTRACTS Contracts between districts and bus contractors must be signed prior to the adoption of the budget by the trustees. Such contracts may run for a period of more than one year but not exceeding five years. Whenever a new contract is completed, one copy is ret…

10.7.109 BUS TRANSPORTATION REIMBURSEMENT-SCHOOL DISTRICT APPLICATION TR-1 FOR REGISTRATION OF SCHOOL BUSES AND STATE REIMBURSEMENT The form used for this application, designated form TR-1, must be completed by the board of trustees for each approved bus route in the district. Th…

10.7.110 STANDARDS FOR SCHOOL BUSES Section 20-10-141 , MCA, establishes a schedule of bus transportation expenditures reimbursable from state funds. Reimbursable bus transportation shall be made on vehicles that are in compliance with 20-10-101 , MCA, and that meet the definitio…

10.7.111 BUS DRIVER CERTIFICATION REQUIREMENTS FOR REIMBURSEMENT School bus drivers must hold a valid Montana school bus driver certificate in order for a district to receive state reimbursement for that driver's bus routes. Qualifications for bus drivers are prescribed by 20-10-…

10.7.112 SUMMARY OF REQUIREMENTS FOR BUS TRANSPORTATION FOR ELIGIBILITY FOR STATE REIMBURSEMENT The route (the area served and the miles per day) must be established by the board of trustees, by board resolution. The route must be approved by the county transportation committee. …

10.7.113 "TWO CONTRACT AMOUNT" REGULATION The law which establishes the schedule governing payments to families prohibits paying more than one contract amount to any family. (An exception is noted in 20-10-142, MCA.) To comply with this law, the following rules have been adopted:…

10.7.114 SCHEDULE FOR TRANSPORTATION PAYMENTS The schedule for paying for individual and isolated (or "increased") transportation or for room and board in lieu of bus transportation is found in 20-10-142 , MCA. This section establishes the amount of individual payments to parents…

10.7.115 SCHEDULE FOR BUS TRANSPORTATION A bus route having at least one eligible transportee and meeting other eligibility criteria will be reimbursed for bus mileage according to the rate schedule provided in 20-10-141 , MCA. A bus route without at least one eligible transporte…

10.7.116 ISOLATION ALLOWED TO INCREASE THE INDIVIDUAL TRANSPORTATION RATE When the board of trustees of a school district establishes a program of "isolated transportation payments"--that is, increase in the individual transportation rates due to isolation--individual families en…

10.7.117 SCHOOL TRANSPORTATION CALENDAR (REPEALED) Authorizing statute(s): 20-3-106, 20-10-112, MCA Implementing statute(s): 20-10-112, 20-10-145, MCA History: Eff. 8/6/75; ARM Pub. 11/26/77; AMD, 1992 MAR p. 203, Eff. 2/14/92; REP, 1997 MAR p. 203, Eff. 1/28/97.

10.7.118 SCHOOL TRANSPORTATION FORMS LISTED BY FORM NUMBER Form TR-1, Combined School District Application for Registration of School Bus and State Reimbursement: Forms supplied electronically by the Superintendent of Public Instruction; Forms completed by district officials, due…

10.75.101 ROLES Within the Montana Indian Language Preservation (MILP) program, tribal governments receive MILP funds from the Office of Public Instruction (OPI) and designate the tribal education department, the tribal culture and language department, or the selected tribal enti…

10.75.102 DEFINING INDIAN LANGUAGE FLUENCY "Fluency" is: the flow in spoken or written language as perceived by the listener or reader, with the flow made possible by clarity of expression, the acceptable ordering of ideas, and the use of vocabulary and syntax appropriate to the …

10.75.103 PROGRAM The governing bodies of each of Montana's eight tribal nations or community entities may execute a contract with the Office of Public Instruction for the Montana Indian Language Preservation (MILP) program. Tribal governments must enter into a contract with the …

10.75.104 PROPOSAL AND CONTRACTING TIMELINE To be considered for MILP funding, tribal governments or community entities must submit their application by December 31 of the prior year through the Egrants online platform. Egrant applications must demonstrate how activities will mee…

10.75.105 REPORTING Reports are required to be submitted to the Office of Public Instruction by the tribal government, community entities, or their designees including partnering school districts.An annual report will be required for the program which includes a start-up assessme…

10.75.106 ADMINISTRATIVE PROCEDURES AND REQUIREMENTS Recipients must use an accounting system that conforms to Generally Accepted Accounting Principles (GAAP), in accordance with 18-4-311, MCA. Payment for approved expenses under the contract will be paid in a single lump sum aft…

12.1.101 ORGANIZATION OF DEPARTMENT The Department of Fish and Game was established under executive order by the Governor effective July 1, 1972.Its name was changed to Department of Fish, Wildlife and Parks effective July 1, 1979.Section 2-15-3401, MCA, creates the department.It…

12.10.101 ELIGIBILITY (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-201, 87-2-105, MCA History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; REP, 2003 MAR p. 1986, Eff. 9/12/03.

12.10.102 APPLYING FOR GRANTS (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-201, 87-2-105, MCA History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; REP, 1996 MAR p. 1836, Eff. 7/4/96.

12.10.103 GRANT APPLICATION PROCEDURE To apply for a shooting range development grant, an applicant must prepare and submit a completed application to the department's Conservation Education Bureau in Helena. For questions and assistance contact: Applications must be postmarked o…

12.10.104 REIMBURSEMENT OF COSTS All billing on a proposed project must be completed by June 15 of the fiscal year the money is awarded. Reimbursement requests will be based upon actual costs or in-kind contributions, verified by receipts and documentation that the work was compl…

12.10.105 LAND ACQUISITION Shooting range grant funds may be used to purchase public or private land for the purpose of a shooting range. Fee title or an equitable interest in the land must be held by the applicant. The applicant must provide evidence that other adequate land is …

12.10.106 INSPECTIONS The department may conduct periodic on-site inspections. Project sites will be subject to inspection by the department for ten years following receipt of a shooting range development grant. Upon completion of the work, the applicant must submit proof of the …

12.10.110 REQUIRED INFORMATION FOR GRANT APPLICATIONS Each shooting range grant application must contain a comprehensive description of the proposed project. The information presented in the description will be used by the department to review, evaluate, and prioritize applicatio…

12.10.112 GRANT PRIORITY As long as funds are sufficient to allocate grants to all eligible applicants, grants will be awarded beginning on July 1 of each year. When the department receives more eligible applications for grants than funds are available, the department may include…

12.11.1001 CANYON FERRY RESERVOIR - BROADWATER COUNTY (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-106, 87-1-303, MCA History: NEW, 2001 MAR p. 18, Eff. 1/12/01; REP, 2012 MAR p. 884, Eff. 4/27/12.

12.11.1002 CANYON FERRY RESERVOIR - BROADWATER COUNTY In Broadwater County, Canyon Ferry Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), within 300 feet of docks or as buoyed in the following areas: White Earth. Silos Campground is limited to a…

12.11.1005 BROADWATER COUNTY All rivers and streams in Broadwater County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower with the following exceptions: on the Missouri River, downriver from the Broadwater-Gallati…

12.11.101 DEFINITIONS The following definitions apply to this subchapter: "No wake" means a speed whereby there is no "white" water in the track or path of the vessel or in created waves immediate to the vessel. "Public lakes and public reservoirs" means lakes and reservoirs that…

12.11.106 NO WAKE RESTRICTIONS Persons traveling faster than no wake speed in areas restricted to no wake speed shall be in violation of the rule unless one of the following circumstances apply: official patrol and search and rescue operations; or scientific purposes or special e…

12.11.110 WESTERN FISHING DISTRICT LAKES 35 ACRES OR LESS All watercraft operating on public lakes and public reservoirs in the western fishing district which contain 35 acres or less of surface water are limited to a controlled no wake speed as defined in ARM 12.11.101. the depa…

12.11.1101 BUTTE SILVER BOW COUNTY All rivers and streams in Butte Silver Bow County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-…

12.11.115 NO WAKE ZONES FOR LAKES GREATER THAN 35 ACRES IN THE WESTERN FISHING DISTRICT This rule applies to any public lake or reservoir in the western fishing district greater than 35 acres and therefore not regulated in ARM 12.11.110. All watercraft on public lakes or reservoi…

12.11.117 PROCEDURE FOR CHANGING WATER SAFETY RESTRICTIONS Except when emergency situations arise as defined in 2-4-303, MCA recreational water use rules ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115, and 12.11.117 shall be reviewed annually for consideration of any changes thro…

12.11.1201 COONEY RESERVOIR Cooney Reservoir is located in Carbon County. Cooney Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas: all of Willow Creek Arm as buoyed; and North Shore and Marshall Cove within 300 feet of do…

12.11.1401 PELICAN POINT FISHING ACCESS PONDS Pelican Point Fishing Access Ponds are located in Cascade County. Pelican Point Fishing Access Ponds are closed to use for any motor-propelled watercraft. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-1…

12.11.1402 BLACK EAGLE DAM Black Eagle Dam is located in Cascade County on the Missouri River and forms Black Eagle Reservoir. The waters 500 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be i…

12.11.1403 COCHRANE RESERVOIR Cochrane Reservoir is located in Cascade County. Cochrane Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting. Fishing from shore is permitted except in areas where public access is prohibit…