BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.66.112 and 10.66.113 pertaining to adult secondary education credentials

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

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

 

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 February 21, 2022, to advise us of the nature of the accommodation that you need. Please contact McCall Flynn, Executive Director, Board of Public Education, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-6576; fax (406) 444-0847; or e-mail bpe@mt.gov.

 

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

           

10.66.112 QUALIFICATIONS – EXCEPTIONS (1)  Candidates 17 and 18 years of age are eligible to test and receive HSE diplomas provided the candidate:

(a) submits to the HSE testing center prior to testing, an original, official school document that clearly identifies the candidate by name, date of birth, and provides the last school enrollment date and signed by the chief education officer verifying that the candidate has been advised of in-school and alternative educational options; or and

(b) (c) resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center and submits a written referral from the facility director or authorized agent (e.g., probation officer).; and

(c) (b)  is no longer enrolled in a regular high school program for credit; or.

(2) remains the same.

 

AUTH:            20-2-114, 20-2-121, MCA

IMP:               20-2-131, MCA

 

10.66.113 AGE REQUIREMENT – WAIVER (1) remains the same.

(2) A candidate 16 years of age who resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center may receive a waiver of the age requirement if the candidate submits a written referral from the facility director or authorized agent (e.g., probation officer) and is no longer enrolled in a regular high school program for credit.

(3) remains the same.

 

AUTH:            20-2-114, 20-2-121, MCA

IMP:                20-2-131, MCA

 

REASON: The Montana Youth Challenge Academy (MYCA) was inadvertently left out of ARM 10.66.112 and 10.66.113 and previously operated under the "state group home" exception.  The Office of Public Instruction no longer grants that exception to allow MYCA to offer HiSET testing to their students without requiring students to first drop out of their local school district, based on the way the rule is currently written.  The Board of Public Education is bringing these requested changes in ARM 10.66.112 and 10.66.113 to assist the MYCA in their efforts to continue offering HiSET testing to MYCA students while they are enrolled in their local school districts and MYCA.

 

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, P.O. Box 200601, Helena, Montana, 59620; telephone (406) 444-6576; fax (406) 444-0847; or e-mail bpe@mt.gov, and must be received no later than 5:00 p.m., February 28, 2022.

 

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., February 28, 2022.

 

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 the 409 public school districts in Montana.

 

7. The board 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 paragraph 4 or may be made by completing a request form at any rules hearing held by the board.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

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

 

 

/s/ McCall Flynn                                          /s/ Tammy Lacey                           

McCall Flynn                                               Tammy Lacey

Rule Reviewer                                             Chair

                                                                     Board of Public Education

           

Certified to the Secretary of State on January 18, 2022.