Montana Administrative Register Notice 10-54-291 No. 22   11/19/2021    
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In the matter of the amendment of ARM 10.54.1010 pertaining to the transformation learning program










TO: All Concerned Persons


1. The Board of Public Education (board) proposes to amend the above-stated rule.


2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the board no later than 5:00 p.m. on December 10, 2021, to advise us of the nature of the accommodation that you need. Please contact McCall Flynn, Executive Director, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail mflynn@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



(1)  For applications submitted for transformational learning aid, the following deadlines apply:

(a) for fiscal year 2020 annual report submission: February 3 – February 21, 2020;

(b) for fiscal year 2021 opening date for applications: February 3, 2020;

(c) for fiscal year 2021 closing date for applications: February 21, 2020;

(a) for fiscal year 2023, the opening date for applications: January 3, 2022;

(b) for fiscal year 2023, the closing date for applications: January 10, 2022;

(d) (c)  for all other fiscal years, the opening date for applications and for submission of annual reports is the first Monday of December each year; and

(e) (d)  the closing date for applications and for submission of annual reports is the second Monday of January each year following the opening date.

(2) remains the same.


AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-7-1506, 20-7-1602, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-7-1506, 20-7-1602, MCA


REASON: The board proposes to amend the rule to comply with HB 89 (2021). The Superintendent of Public Instruction recommended the proposed deadlines to the board to allow for the new lottery system to be utilized for the upcoming application period. The board also removes specific deadlines for FY 2020 and FY 2021, as they are no longer applicable. The deadlines provide a reasonable time for review and qualification of the applications and annual reports prior to distribution of funds. The Superintendent of Public Instruction determined that the proposed deadlines are administrative in nature and, thus, the negotiated rulemaking process was unnecessary.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: McCall Flynn, Executive Director, Board of Public Education, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59635; telephone (406) 444-0300; fax (406) 444-0847; or e-mail mflynn@mt.gov, and must be received no later than 5:00 p.m., December 17, 2021.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to McCall Flynn at the above address no later than 5:00 p.m., December 17, 2021.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 41 persons based on 409 public school districts in Montana.


7. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the agency.


8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


9. With regard to the requirements of 2-4-111, MCA, the board has determined that amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ McCall Flynn                                          /s/ Tammy Lacey               

McCall Flynn                                               Tammy Lacey

Executive Director                                       Chair

Board of Public Education                           Board of Public Education


Certified to the Secretary of State November 9, 2021.


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